This is one of the notable new contents in the Draft Revised Labor Code, expected to take effect on January 01, 2021.
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To be specific, according to the Labor Code 2012, employees working continuously for 08 hours or 06 hours as stipulated in Article 104 of the Code are entitled to a break of at least 30 minutes, counted as working time. In the case of night work, the employee is entitled to a break of at least 45 minutes, also counted as working time.
However, the Draft Amendment has revised and supplemented this regulation in the Labor Code 2012, such that employees working for a normal working day of 06 hours or more are entitled to a continuous break of at least 30 minutes; in the case of night work, employees are entitled to a continuous break of at least 45 minutes not counted as working time. (Currently, the regulation stipulates that employees working continuously for 08 hours in normal conditions or 06 hours in particularly heavy, hazardous, or dangerous conditions are entitled to a break, which is counted as working time).
The Draft also stipulates that for shift workers working 6 hours or more in a day, the break time will be counted as at least 30 minutes of working time; for night work, it's at least 45 minutes.
Thus, if these regulations in the Draft are approved, then from January 1, 2021, break time will only be counted as working time for shift workers, while for those working normal hours, it will not be counted.
Nguyen Trinh
