Standard Working Hours and Overtime Hours for Employees in Seasonal Production Jobs per Week
Working Hours and Overtime of Workers in Seasonal Production Jobs
Question: What are the standard working hours and overtime hours per week for workers performing seasonal production tasks? If workers in seasonal production jobs do not get a day off during the week, can they accumulate their rest time at the end of the month?Greetings lawyer,I am currently employed in a seasonal production job at a farm. The farm owner requires a workday of 14 hours. Is this correct? I get one day off per week, but during the season, I have to work the entire week. Can I accumulate my days off during the month and take them at the end of the month? Please provide clarification.Response needed.
What are the total standard working hours and overtime hours for employees doing seasonal production work?
Based on Article 6 of Circular 18/2021/TT-BLDTBXH, the provisions on the limits of daily standard working hours and overtime hours are as follows:
1. The total standard working hours and overtime hours in a day should not exceed 12 hours.
- The limits on standard working hours and overtime hours per week and month are specified as follows:
a) The total standard working hours and overtime hours in a week should not exceed 72 hours.
b) The total overtime hours in a month should not exceed 40 hours.
c) The employer decides to choose to apply either the provision at point a or the provision at point b of this clause, recording it in the annual working hours and rest hours plan specified in clause 2, Article 8 of this Circular.
- The total overtime hours in a year for each employee should not exceed 300 hours.
Therefore, it is not in accordance with the above legal provisions for a farm owner to require employees doing seasonal production work to work 14 hours a day.
Can employees doing seasonal production work accumulate their weekly rest days to the end of the month if they don't get a weekly rest?
According to Article 7 of Circular 18/2021/TT-BLDTBXH on rest periods:
1. Weekly, employees are entitled to a minimum of one day off (24 consecutive hours). During seasonal months or when there is an urgent need to process export goods according to orders, if weekly rest cannot be ensured, a minimum of 4 days off must be ensured for employees each month.
Rest periods during working hours, shift changes for each employee are carried out in accordance with the provisions of the Labor Code and Decree 145/2020/ND-CP
Employers must arrange for employees to take public holidays, Tet holidays, annual leave, and other paid leave days; reduce working hours and ensure rest periods for female employees, juvenile employees, and elderly employees; decide on unpaid leave in accordance with the provisions of the Labor Code.
Accordingly, during seasonal months, if weekly rest cannot be ensured, employees must ensure at least 4 days off in that month. Therefore, you can accumulate your rest days to the end of the month to rest according to the above provisions.
Best regards!
