Guidance on implementation of mid-shift meal regime in state-owned companies in Vietnam

Recently, the Ministry of Labor, War Invalids and Social Affairs of Vietnam has issued Circular No. 22/2008/TT-BLĐTBXH guiding the implementation of mid-shift meal regime in the state-owned companies.

Ăn giữa ca trong công ty nhà nước, Thông tư 22/2008/TT-BLĐTBXH.

According to Circular No. 22/2008/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, the mid-shift meal regime in state-owned companies is prescribed as follows:

- Following the actual working days, including extra working days (sufficient working hours by standard per day selected by the company but the maximum hours per day does not exceed 8 hours as stipulated in clause 1, Article 3, Chapter II of Decree No.195/CP dated December 31, 1994 of Vietnam’s Government detailing and guiding the implementation of a number of Articles of the Labor Code on working time, rest time);

- Non-working days, including sick leave, maternity, on leave, leave without enjoying wages shall not have mid-shift meal regime and not be paid;

- The insufficient-hour working days by standard (less than 50% of standard hours) shall not have mid-shift meal regime;

- Apart from the above principles, the company may stipulate other additional rules, if deemed beneficiary to the improvement of the responsibility of each individual with production efficiency, the company's business;

- For the business, manufacturing companies that meet difficulties unable to count mid-shift meal costs into company’s cost price or business expenses, the company must seek all possible measures to reduce other costs to have source for holding mid-shift meal. In cases the companies have found every measure to save other costs but still not enough sources, the company director shall exchange, agree with the grassroots trade union executive Committee to decide on not implementing temporarily the mid-shift meal regime as prescribed in this Circular.

View more details at Circular No. 22/2008/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, effective from November 13, 2008.

Ngoc Tai

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