New regulations on working hours and rest periods in the field of petroleum exploration and extraction in Vietnam

New regulations on working hours and rest periods in the field of petroleum exploration and extraction in Vietnam (Internet image)

On November 8, 2023, the Minister of Industry and Trade issued Circular 20/2023/TT-BCT on working hours and rest periods of offshore petroleum workers in Vietnam.

1. Regulations on working hours of workers who work in the field of petroleum exploration and extraction in Vietnam

1.1 Working hours of full-time workers

Working sessions and shifts of full-time workers at offshore petroleum installations:

- A shift shall not last for more than 12 hours in 01 day;

- A working session shall not last for more than 28 days.

(Article 4 of ircular 20/2023/TT-BCT)

1.2 Working hours of part-time workers

(1) Standard working hours

The standard working hours of an part-time worker in 1 year shall be calculated as follows:

Where:

SGLVN: Standard working hours per year

SNN: Number of days in the year

SNHN: Annual leave days of the worker according to the Labor Code

In case a worker has worked for less than 12 months in the year, the number of days in the year and annual leave days shall be proportional to the actual working period of the worker in the year.

Example 1: Mr. A continuously works for Company X from 2007 to 2023.

For 16 years of work, Mr. A has 3 additional leave days per year.

Mr. A's annual leave days in 2023 according to the Labor Code: 12 + 3 = 15 days

Number of days of 2023: SNN = 365 days

Standard working hours of Mr. A in 2023:

Example 2: Mr. B starts to work for Company Y from April 1st 2023.

Mr. B's annual leave days at Company Y in 2023 according to the Labor Code and Article 66 of Decree No. 145/2020/ND-CP:

Remaining days of 2023: SNN = 275 days

Standard working hours of Mr. B in 2023:

(2) Working sessions and shifts of part-time workers at offshore petroleum installations:

- A shift shall not last for more than 12 hours in 01 day;

- A working session shall not last for more than 45 days.

(3) The employer and the part-time worker shall enter into a written agreement or reach a consensus on the working session and shift before dispatching him/her to the offshore petroleum work.

(4) While not working at the offshore petroleum work, part-time workers shall be provided with compensatory rest period according to Clause 4 Article 8 of Circular 20/2023/TT-BCT or do onshore works under labor laws.

(5) The total number of normal working hours of an part-time worker must not exceed the standard working hours per year specified in (1)

(Article 5 of Circular 20/2023/TT-BCT)

1.3 Regulations on overtime work

- For full-time workers, the working time outside of a shift or working session prescribed in Clause 1 Article 4 of Circular 20/2023/TT-BCT shall be considered overtime.

For part-time workers, the working time outside of a shift or working session prescribed in Clause 2 Article 4 of Circular 20/2023/TT-BCT, or the working time exceeding the standard working hours per year prescribed in Clause 1 Article 5 of Circular 20/2023/TT-BCT shall be considered overtime.

- The total working hours of a shift and overtime of a worker must not exceed 14 hours per day; the total overtime of a worker must not exceed 300 hours per year.

- Overtime work is subject to consent of workers and must comply with regulations of Article 59 and Article 62 of Decree No. 145/2020/ND-CP.

(Article 6 of Circular 20/2023/TT-BCT)

1.4 Regulations on overtime work in special cases

- Overtime work in special cases shall be organized in accordance with Article 108 of the Labor Code.

- Employers shall provide workers with compensatory rest period that is equivalent to the overtime.

If compensatory rest period cannot be provided, the employer shall provide overtime pay and other benefits for the workers as prescribed by law.

(Article 7 of Circular 20/2023/TT-BCT)

2. Regulations on rest time for workers who work in the field of petroleum exploration and extraction in Vietnam

2.1 Regulations on rest periods

- After each ship, workers are entitled to a rest period of at least 10 consecutive hours before starting the next shift.

- Employers shall arrange rest breaks during working hours and include them as working hours. The total duration of rest breaks shall be at least 60 minutes. Each rest break must last for at least 30 consecutive minutes. A rest break during night work shall last for at least 45 consecutive minutes.

- In addition to rest breaks, after each working session, full-time workers will be entitled to a continuous break that lasts for the same number of working days of the previous working session.

- Rest periods of part-time workers shall be appropriate for their work and apply the following ratios:

= When working at an offshore petroleum installation on weekdays, the worker will be given 0.5 compensatory day-off for every working day.

= When working at an offshore petroleum installation during weekends, the worker will be given 1 compensatory day-off for every working day;

= When working at an offshore petroleum installation during a public holiday, the worker will be given 2 compensatory days-off for every working day.

(Article 8 of Circular 20/2023/TT-BCT)

2.2 Regulations on Annual leave

In addition to breaks between working sessions, workers are entitled to annual leave according to Article 113 and Article 114 of the Labor Code. If annual leave cannot be given, the employer shall reach an agreement with the workers on spending their annual leave during the breaks between working sessions.

(Article 9 of Circular 20/2023/TT-BCT)

2.3 Regulations on public holidays; Personal leave; Unpaid leave in Vietnam

- Workers have public holiday leave, personal leave and unpaid leave according to Article 112 and Article 115 of the Labor Code.

- In case the public holiday occurs during a working session, the workers shall be entitled to overtime pay in accordance with regulations of law.

(Article 10 of Circular 20/2023/TT-BCT)

More details can be found in Circular 20/2023/TT-BCT taking effect on December 25, 2023, replacing Circular 24/2015/TT-BCT.

Ho Quoc Tuan

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE