What are the regulations on working hours, rest periods of inspectors in Vietnam under the Ministry of Labor, War Invalids, and Social Affairs? – Linh Anh (Binh Thuan)
Working hours, rest periods of inspectors in Vietnam under the Ministry of Labor, War Invalids, and Social Affairs (Internet image)
Regarding this issue, LawNet would like to answer as follows:
On March 19, 2024, the Chief Inspector of the Ministry of Labor, War Invalids, and Social Affairs issued Decision 115/QD-TTr on the Working Regulations of the Inspectorate of the Ministry of Labor, War Invalids, and Social Affairs.
The working hours, rest periods of inspectors of the Ministry of Labor, War Invalids, and Social Affairs are regulated as follows:
(1) The working hours of Officials and employees in the unit comply with general regulations of the State and regulations of the Ministry. In cases where the work content follows a certain plan, management is based on the work. In special cases due to natural disasters or epidemics, working and rest hours shall be as directed by competent persons.
(2) Rest periods
- Annual leave
+ The annual holiday period is from the 1st day of the last lunar month of that year and the end of the first lunar month of the following year.
In cases where officials and employees take annual leave other than the prescribed leave period, they must report to the Chief Inspector for consideration and decision. At the end of this period, if Officials and employees do not take annual leave, they will not be paid for the days not taken off.
+ Officials and employees must register for annual leave at least 03 days in advance, and in unexpected cases, register at least 01 day in advance in the "leave management" section of the electronic operational software/ethanhtra.
Department Heads and Chief Inspectors are responsible for recording approval or disagreement upon receiving each individual's leave registration 1 day in advance for periodic leave before 5:00 p.m. the day before the first day of leave request for unexpected cases.
+ Officials and employees are only allowed to take leave with the consent of the Department Head and Chief Inspector, except in cases of taking less than 01 day of leave as prescribed. The process for registering and approving leave is as follows:
(i) Individuals enter registration information;
(ii) The Head of Department approves the registration of Officials and employees under his/her management and then forwards it to the Chief Inspector for approval.
(iii) The Chief Inspector approves the registration of the Deputy Chief Inspector and Head of Department.
+ The Chief Inspector delegates authority to the Department Head to decide on leave for Officials and employees of less than 1 day. Officials and employees take leave for less than 1 day with the consent of the Department Head.
When deciding to give civil servants or workers leave for less than 01 day, the Head of Department is responsible to the Chief Inspector and to the law for his decision.
- Public holidays and fully paid personal leave
+ Officials and employees are entitled to holidays and New Year holidays according to the provisions of labor law.
+ Officials and employees who take fully paid personal leave as prescribed in Clause 1, Article 115 of the Labor Code 2019, or unpaid personal leave as prescribed in Clause 2, Article 115 of the Labor Code 2019, need to notify the Department Head and Chief Inspector.
- Unpaid leaves
Officials and employees taking unpaid leave according to Clause 3, Article 115 of the Labor Code 2019 must report in writing to the Department Head, seek the opinion of the Deputy Chief Inspector in charge, and submit to the Chief Inspector for consideration and decision. .
- Leaves for giong abroad to solve personal matters
Officials and employees taking leave abroad to handle personal matters shall comply with the provisions of Article 6, Article 7, Article 8, Chapter III of Regulations on sending civil servants, public employees, and workers to work, study, and handle personal matters abroad, issued together with Decision 109/QD-LDTBXH dated February 9, 2023 of the Minister of Labor, War Invalids and Social Affairs.
(Article 21 of the Inspectorate's working regulations issued together with Decision 115/QD-TTr)
More details can be found in Decision 115/QD-TTr taking effect on March 19, 2024.
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