Employers in Railway Transportation Must Have the Following Responsibilities

Illustrative image (Source: Internet)

Circular No. 21/2015/TT-BGTVT stipulates the responsibilities of employers in organizations, enterprises engaged in production, business, and railway transport services including:

- Based on the continuous or non-continuous nature and the high or low volume of work, the employer determines the actual necessary working hours per day to arrange specific working hours and rest periods appropriate for each title performing special nature work according to the regulations of working shifts and working policies on trains specified in this Circular and must obtain the participation of the trade union before implementation.

- Directly notify employees, record in the labor contract, collective labor agreement, and stipulate working hours and rest periods in the company's Labor Regulations according to the working hour and rest period policies specified in this Circular.

Additionally, the Circular also stipulates several other regulations on working hours and rest periods for employees performing jobs with special nature in railway transport as follows:

- For some jobs where employees cannot leave their workplace, employers must arrange for employees to have meals and rest on-site to ensure the work.- Employers must ensure meal and rest arrangements for titles that, during such shifts, step off duty, eat, and rest must be carried out at the workplace or on the train.- In emergencies like natural disasters, fires, enemy sabotage, and traffic incidents, employers have the right to mobilize employees to handle the aftermath and quickly restore traffic.- If, due to railway transport requirements, employers are unable to arrange for employees to rest during public holidays as regulated, they must arrange compensatory rest time for employees according to the Labor Code and its guiding documents.- Overtime, night work, and overtime at night shall be performed according to the general provisions of labor law. However, for titles performing particularly arduous, toxic, or dangerous tasks, overtime shall not exceed 22.5 hours per month and a total of 150 hours per year.

Details can be found in Circular No. 21/2015/TT-BGTVT, effective from August 1, 2015.

Le Hai

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