Calculation of Working Hours for Irregular Oil and Gas Extraction Employees in Vietnam

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Circular 24/2015/TT-BCT stipulates that the total standard working hours in one year for non-regular employees in the offshore oil and gas exploration and exploitation sector in Vietnam are calculated as follows:

Where:

- SGLVN: Standard working hours in the year

- SNN: Number of days in the year

- SNHN: Number of annual leave days of the employee as per the Labor Code

In cases where the employee has not worked for a full 12 months in the year, the number of days in the year and the number of annual leave days shall be calculated in proportion to the period of employment starting from the time the employee begins working for the employer within that year.

Example 1: Mr. A has been working for Oil Company X continuously from 1999 to 2015.

- The number of additional annual leave days corresponding to 16 years of work is 3 days.

- Mr. A’s number of annual leave days in 2015 as per the Labor Code is: SNHN = 12 + 3 = 15 days

- Total number of days in 2015: SNN = 365 days

Thus, the standard working hours in 2015 for Mr. A will be:

Example 2: Mr. B started working for Oil Company Y on April 01, 2015.

- Mr. B’s number of annual leave days at Oil Company Y in 2015, as per the Labor Code, is: SNHN = 12 x 9/12 = 9 days

- Total number of remaining days in 2015 is: SNN = 275 days

Thus, the standard working hours in 2015 for Mr. B will be:

Additionally, when working on offshore oil and gas facilities, non-regular employees in Vietnam follow shifts and working phases. A shift is a maximum of 12 hours; A working phase is a maximum of 45 days.

Note:

- Employers must agree with employees on the shift and working phase before assigning non-regular work on offshore oil and gas facilities.

- During periods of non-work on offshore oil and gas facilities, non-regular employees are arranged compensatory leave or perform land-based tasks as per labor law regulations.

- The total standard working hours in a year for non-regular employees must not exceed the standard working hours.

For further details, see: Circular 24/2015/TT-BCT which takes effect from October 01, 2015.

Thu Ba

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