Labor Regulations During the Process of Repairing Railway Damaged by Natural Disasters

Labor Regime During the Process of Railway Recovery from Natural Disasters (Illustrative Image)

In Article 29 of Circular 01/2010/TT-BGTVT, the following is stipulated:

- Applicable Subjects for Step 1 Recovery:

The following subjects are considered to be directly involved in the recovery of consequences of floods, storms, incidents, natural disasters, and rescues.

- Forces directly working, constructing at the site (including rescue forces when there is a train accident);- Forces serving construction, security forces, and communication forces at the site, guiding trains at the structures being recovered;- The Command Board and the assistants of the Command Board at the site.

The following subjects are considered to be indirectly involved in the recovery of consequences of floods, storms, incidents, natural disasters, and rescues:

- Those on duty at the two stations at the beginning of the section managing the train operations serving recovery tasks such as: rescue, transporting materials, trial loading, etc., serving the recovery of the structures;- Those tasked with loading and unloading materials at warehouses, yards, and stone mines outside the damaged area serving the recovery of floods, storms, incidents, natural disasters, and rescues;- Workers driving trains, trolleys, cars, and performing tasks on the rescue trains, transporting materials, trial loading, etc.

- Labor Time: The direct subjects are not allowed to work more than 12 consecutive hours (except in special cases); The direct subjects are calculated as 01 working day (not counting travel time to the site) for:

- Phase 1: If working 6 full hours at the site.- Phase 2: If working 8 full hours at the site.

- Remuneration Regime for Step 1 Recovery:

- Additional remuneration during the recovery process of consequences of floods, storms, incidents, natural disasters, and rescues:

- The direct subjects mentioned in point a, clause 1 of this Article, in addition to the regular labor wage, which includes: rank salary and other allowances (if any), are entitled to additional remuneration for their tasks, the maximum remuneration for one person in one day is 2 times the expenditure level of an average labor day calculated based on the minimum wage stipulated by the Government of Vietnam;- The indirect subjects stipulated in point b, clause 1 of this Article, in addition to the regular labor wage, which includes: rank salary and other allowances (if any), are entitled to additional remuneration for their tasks, the maximum remuneration for one person in one day is 1 time the expenditure level of an average labor day calculated based on the minimum wage stipulated by the Government of Vietnam;

- Additional meal allowance during the recovery time for the subjects involved in the recovery of the consequences of floods, storms, incidents, natural disasters, and rescues:- The subjects involved in the step 1 recovery of the consequences of floods, storms, incidents, natural disasters, and rescues are entitled to an additional meal allowance, the additional allowance does not exceed 50,000 VND/day/person;- Those mobilized to participate in the recovery of structures each day of military movement and waiting are calculated according to the wage policies of a normal workday and are entitled to a work allowance based on current policies, the determination of military movement time, waiting time, and calculation of work allowance is based on the personnel mobilization decision and travel documents.

See more details at: Circular 01/2010/TT-BGTVT, effective from February 25, 2010.

Nguyen Phu

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