On 25/7/2022, the Ministry of Industry and Trade issued Circular 12/2022/TT-BCT (“Circular 12”) stipulating working hours, rest periods for employees operating, maintaining and repairing gas distribution pipeline system and gas construction after agreed with the Ministry of Labor and Social Affairs.
This job has distinctive features of working hours and rest periods. Therefore, in this legal updates, ATA would like to mention some highlights as follows:
1. Applicable entities
Circular 12 is applied to the following entities:
- Employers as organizations, individuals using employees for: operating, maintaining and repairing gas distribution pipeline system and terrestrial oil and gas constructions.
- Employees operating, maintaining and repairing gas distribution pipeline system and terrestrial oil and gas constructions at manufacture establishments of the employers as aforementioned.
Regulations in Circular 12 are not applied to employees indirectly working at manufacture establishments of the employers as aforementioned.
2. Working hours, rest periods
|
|
Work of operating, maintaining and repairing gas distribution pipeline system and gas construction |
Usual works |
|
Working hours |
- A working shift must not exceed 12 hours/day. - A working session must not exceed 07 days/week. |
- A working shift must not exceed: 08 hours/day; 48 hours/week. |
|
Overtime working hours |
- Total working hours of a working shift and overtime working hours extra must not exceed 12 hours/day. - Overtime working hours must not exceed 300 hours/year. |
- Total normal working hours and overtime working hours must not exceed 12 hours/day. - Overtime working hours must not exceed 200 hours/year. |
|
Rest periods in working time |
- Abide by Article 109 of the Labor Code - The break between two consecutive shifts must not exceed 45 minutes. |
Abide by Article 109 of the Labor Code. |
|
Rest periods between sessions |
- Resting continuously with the number of day off equivalent to working days in the previous session. |
|
Notes: In all case, the overtime working organization must be agreed by the employees and must comply with legal regulations.
3. Responsibility of employer
Employers shall take responsibilities to report to the Ministry of Industry and Trade on the situation of implementation of Circular 12 and irregularly report in case of receiving request of competent authorities before 15/01 annually.
Circular 12 shall take effect from 09/09/2022.
Comment: