What is the duration of rest breaks during working hours in Vietnam?

What is the duration of rest breaks during working hours in Vietnam?

Pursuant to Artiicle 109 of the Labor Code in 2019 stipulating rest breaks during working hours as follows:

Rest breaks during working hours

1. An employee who works for at least 06 hours per day under Article 105 of this Code shall be given a rest break of at least 30 consecutive minutes. In case of night work, the rest break shall be at least 45 consecutive minutes.

If a shift lasts at least 06 consecutive hours, the rest break will be included in the working hour.

2. In addition to the rest break prescribed in Clause 1 of this Article, the employer shall determine other short breaks and specify that in the internal labor regulations.

As regulations above, the duration of rest breaks during working hours of employees in Vietnam is as follows:

- An employee who works for at least 06 hours per day:

+ shall be given a rest break of at least 30 consecutive minutes in case of day work;

+ shall be given a rest break of at least 45 consecutive minutes in case of night work;

If a shift lasts at least 06 consecutive hours, the rest break will be included in the working hour.

In addition to the rest break, the employer shall determine other short breaks and specify that in the internal labor regulations.

What is the duration of rest breaks during working hours in Vietnam? - image from internet

What are the fines imposed on employers for failure to give rest breaks during working hours for employees in Vietnam?

Pursuant to Clause 4 Article 18 of the Decree 12/2022/ND-CP stipulating violations against regulations on working hours and rest periods as follows:

Violations against regulations on working hours and rest periods

...

4. The following fines shall be imposed upon an employer for commission of one of the following violations: failing to give rest breaks during working hours or breaks between shifts to employees in accordance with regulations of law; mobilizing employees to work overtime in excess of overtime hours prescribed by law:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 01 - 10 employees;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 11 - 50 employees;

c) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves 51 - 100 employees;

d) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves 101 - 300 employees;

dd) A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed if the violation involves 301 employees or more.

As regulations above, the fines imposed on employers for failure to give rest breaks during working hours for employees in Vietnam are as follows:

In case the employer is an individual:

- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 01 - 10 employees;

- A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 11 - 50 employees;

- A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves 51 - 100 employees;

- A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves 101 - 300 employees;

- A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed if the violation involves 301 employees or more.

In the case where the employer is an organization, they will be subject to a fine double the amount imposed on individuals for the same violation, as stipulated in Clause 1 Article 6 of Decree 12/2022/ND-CP.

Therefore, individuals can be fined up to a maximum of 75,000,000 VND for the violation. Organizations, on the other hand, can be fined up to a maximum of 150,000,000 VND.

How many hours per week are employees in Vietnam entitled to rest?

Pursuant to Artiicle 111 of the Labor Code in 2019 stipulating weekly breaks as follows:

Weekly breaks

1. Each week an employee is entitled to a break of at least 24 consecutive hours. Where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least 04 days off per month.

2. The employer has the right to determine and schedule the weekly breaks either on Sunday or for another fixed day in a week, which must be recorded in the internal labor regulations.

3. In case a public holiday falls on an employee’s weekly break coincide with a public holiday as prescribed in Clause 1 Article 112 of this Labor Code, he/she will have compensatory time-off on the next working days.

As regulations above, each week an employee is entitled to a break of at least 24 consecutive hours. Where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least 04 days off per month.

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