Is the Midday Break Counted as Paid Time?

Break time during lunch – Does it count towards paid hours? - Illustrative Image

Under the Draft Decree which stipulates the working hours counted as paid hours as follows:

- Break time is counted as working hours when working in continuous shifts as stipulated in Clause 2, Article 9 of this Decree;- Break time according to the nature of the work;- Necessary breaks during the labor process as included in the labor norms for the natural physiological needs of humans;- Daily break time of 60 minutes for female workers nursing children under 12 months old;- Daily break time of 30 minutes for female workers during menstrual periods;- Hours paused not due to the fault of the worker;- Hours of occupational safety and hygiene training;- Time for meetings, study, and training as required by the employer or agreed upon by the employer;- Time for meetings, study, and training by non-permanent union officials summoned by the superior union as prescribed by union law;- Time for health check-ups and occupational disease screenings organized by the employer as prescribed by law.

Moreover, Clause 2, Article 9 of the Draft Decree clearly explains "Continuous shifts" which allows for break time during working hours as stipulated in Clause 1, Article 109 of the Labor Code 2019 as working shifts meeting the following conditions:

- Workers work in shifts lasting 06 hours or more, excluding break times;- Break times of less than 60 minutes continuously.

So, what constitutes a working shift? Does the office staff or workers having a lunch break within their working day qualify as an 8-hour shift? Regarding this matter, the Draft Decree also provides:

Article 8. Organization of "working in shifts" to determine break times during working hours and shift transition breaks

1. "Working in shifts" as stipulated in Clause 1, Article 109 of the Labor Code entails organizing work in one of the following cases:

a) Having at least 02 people or groups of people taking turns working at the same position within a day (24 continuous hours);

b) Having at least 01 person or 01 group of people working at any hour within the night work frame defined in Article 106 of the Labor Code.

Accordingly, a “working shift” is determined as the working period of each individual or a separate group of people under the above conditions.

Thus, workers only receive pay for break times under the above scenarios. Break times during lunch not under shift work as defined are not considered as working hours for pay purposes.

Currently, many workers' break times for shift work are not paid due to unclear regulations. If this regulation is officially enacted, worker remuneration and benefits will be better secured.

Hai Thanh

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