Vietnam: Employment regulations during repairing railway damaged by natural disasters

Vietnam: Employment regulations during repairing railway damaged by natural disasters (Illustrative Image)

Under Article 29 of Circular 01/2010/TT-BGTVT:

- Regulated entities for Step 1 Recovery:

The following entities are considered to be directly involved in the repairing and remediation of consequences of floods, storms, incidents, natural disasters, and rescue.

- Forces directly working, and constructing at the site (including rescue forces when there is a train accident);

- Forces serving the 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 entities are considered to be indirectly involved in the repairing and remediation of consequences of floods, storms, incidents, natural disasters, and rescue:

- 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, and cars, and performing tasks on the rescue trains, transporting materials, trial loading, etc.

- Employment Time: The direct entities are not allowed to work more than 12 consecutive hours (except in special cases); The direct entities 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 policies for Step 1 Recovery:

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

+ The direct entities mentioned in point a, clause 1 of this Article, in addition to the regular labor wage, which includes: step-based 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 entities stipulated in point b, clause 1 of this Article, in addition to the regular labor wage, which includes: step-based 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 entities involved in the repairing and remediation of the consequences of floods, storms, incidents, natural disasters, and rescues;

- The entities 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.

More details may be found in Circular 01/2010/TT-BGTVT effective from February 25, 2010.

Nguyen Phu

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