Cases of time periods included in paid working hours from February 01, 2021 in Vietnam

Specifically, according to Article 58 of the Decree No. 145/2020/NĐ-CP of Vietnam’s Government, time periods included in paid working hours include the following cases:

1. The rest break included in the working time of employees doing consecutive shifts mentioned in Clause 3 Article 63 of this Decree shall not be shorter than 30 minutes (or 45 minutes for night work).

2. Work-specific breaks.

3. Breaks that are necessary and accounted for in productivity norms due to natural human needs.

4. Rest periods to which:

- Whenever an employer is informed of the pregnancy of an female employee who is doing a laborious, toxic or dangerous work, a highly laborious, toxic or dangerous work or any work that might negatively affect her maternity, the employer shall assign her to a less laborious or safer work, or reduce the working hours by 01 hour per day without reducing her salary, rights or benefits until her child reaches 12 months of age.

- During her menstruation period, a female employee shall be entitled to a 30 minute break in every working day; a female employee nursing a child under 12 months of age shall be entitled to 60 minutes breaks in every working day.

5. Work suspension periods through no fault of the employees.

6. Periods of meetings, learning, training required or accepted by the employer.

7. During the traineeship or apprenticeship period, if an apprentice or trainee directly performs or participates in performance of the work, he/she shall be paid a salary at a rate agreed by both parties.

8. Time periods over which employees who are members of the management board of the internal employee representative organization are employed to perform the duties, to be specific:

- The minimum period of time the employer has to allow all members of the management board of the representative organization of employees to perform its duties according to the number of its members. (regulated by the Government)

- The representative organization of employees and the employer may negotiate the extra time and how the management board uses the working time to perform their duties in a practical manner.

9. Time spent on health check-up, medical examination for occupational diseases, medical evaluation for determination of work capacity reduction due to occupational accidents or diseases if arranged or required by the employer.

10. Time spent on registration and medical examination for military service if the employees are paid for as prescribed by military service laws.

Decree No. 145/2020/NĐ-CP of Vietnam’s Government will take effect from February 01, 2021 and abolish 13 Decrees guiding the Labor Code 2012.

>>> View more: Several labor-related documents will be abolished from February 01, 2021

Le Hai

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