Latest regulations on break time between 2 working shifts 2023

Can you please tell me how the law specifically regulates the break time between two shifts? - Reader Minh Anh

Quy định thời gian nghỉ giữa 2 ca làm việc mới nhất 2023

Regulations on normal working hours of employees

Pursuant to Article 105 of the 2019 Labor Code, normal working hours shall not exceed 08 hours per day and not exceed 48 hours per week.

Employers have the right to regulate working hours by day or week but must notify employees; in case of weekly working hours, normal working hours shall not exceed 10 hours in 01 day and not exceed 48 hours in 01 week.

The State encourages employers to implement a 40-hour work week for employees.

Employers are responsible for ensuring that working hours exposed to hazardous and harmful factors are limited in accordance with national technical regulations and relevant laws.

Latest regulations on break time between 2 working shifts

Pursuant to Article 110 of the 2019 Labor Code, employees working in shifts are entitled to at least 12 hours off before moving to another shift.

In addition, according to the provisions of Article 109 of the 2019 Labor Code, employees working according to the working hours prescribed in Article 105 of the 2019 Labor Code above from 06 hours or more in a day are entitled to a break of at least 30 consecutive minutes, and employees working at night are entitled to a break of at least 45 consecutive minutes.

In case an employee works a shift continuously for 6 hours or more, the break time is counted as working hours.

In addition to the above-mentioned breaks, the employer shall arrange breaks for employees and record them in the labor regulations.

Particularly for jobs of a special nature in the following fields and jobs, the managing ministries and branches shall specifically regulate working hours and rest hours after agreeing with the Ministry of Labor - Invalids and Social Affairs and must comply with the provisions of Article 109 of the 2019 Labor Code mentioned above:

- Road, rail, water and air transport;

- Field of offshore oil and gas exploration and exploitation; working at sea;

- Fields in the field of art; using radiation and nuclear techniques;

- Field of application of high frequency wave technology; information technology, information technology;

- Field of research and application of advanced science and technology;

- Industrial design field;

- Diver work;

- Work in the mine;

- Seasonal production work, processing work according to orders;

- Work must be available 24/7;

- Other special jobs as prescribed by the Government .

Some jobs have special characteristics regarding working hours and rest hours.

Pursuant to Article 68 of Decree 145/2020/ND-CP, in addition to the special jobs specified in Article 116 of the 2019 Labor Code above, other special jobs regarding working hours and rest hours include:

- Work to prevent natural disasters, fires and epidemics;

- Jobs in the field of physical education and sports;

- Production of drugs, vaccines and biological products;

- Operation, maintenance and repair of gas distribution pipeline systems and gas works.

Working hours and rest hours for employees doing seasonal production work and processing work according to orders are implemented according to the instructions in Circular 18/2021/TT-BLDTBXH.

Working hours and rest hours for jobs of a special nature as prescribed in Article 116 of the 2019 Labor Code and the above regulations shall be implemented according to the instructions of relevant ministries and management agencies after reaching agreement with the Ministry of Labor, War Invalids and Social Affairs.

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