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Circular No. 54/2015/tt-Bldtbxh: Guidance On Working Time, Leisure Time For Workers To Do The Work Produced There Is Seasonality And Working On Orders

Original Language Title: Thông tư 54/2015/TT-BLĐTBXH: Hướng dẫn về thời giờ làm việc, thời giờ nghỉ ngơi đối với người lao động làm công việc sản xuất có tính thời vụ và công việc gia công hàng theo đơn đặt hàng

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DEPARTMENT OF LABOR-COMMERCE AND SOCIETY
Number: 54 /2015/TT-BLTBXH
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 16, 2015

IT ' S SMART

Guide to the time of work, time of rest For workers.

It ' s a productive manufacturing job. and work on the order in order.

_________________________

Base of Article 117 Labor Code June 18, 2012;

Base of Protocol 45 /2013/NĐ-CP 10 May 2013 by the Government rules out details of one. Stain. The work of the Labor Code of the time of work, time of rest and safety of labor, sanitation;

Base of Protocol 106 /2012/NĐ-CP December 20, 2012 of the Government Regulating Functionality, Mission, Regulation Okay. The limit and structure of the Ministry of Labor-Trade i And Society.

On the recommendation of the Bureau of Labor Safety,

Minister of Labor-Trade i And the Social Justice Department. There. In time of work, time for work, time for workers to do productive work and job-order jobs.

What? 1. Ph Yes. Micro-tuning

This information instructs the construction of planning and implementation of the working hours, time periods for workers who work on the employment and job creation jobs.

What? 2. Subject applies

1. The worker who works under the contract contract determines the deadline 12 months to 36 months and the labor contract does not specify the deadline for employment:

a) A productive production in the agricultural industry, which requires harvesting immediately or after the harvest is not permanent;

b) The order of the order, which was dependent on the time of the request of the owner, included textiles, may, leather, shoes, assembly of electronic components.

2. The employer uses the worker to do the work stated at the paragraph 1 This is the businesses, the manufacturing base, the following business:

a) Companies, businesses operating under the Corporate Law;

b) Cooperated, the United Cooperated Co-operation in accordance with the Law of Co-operation, which uses labor as a labor contract.

What? 3. Yeah. Standard time in the year.

I Q = [T] N -(T) t + T p + T L )] X t n (now)

In it:

-T Q : The time fund works the standard in the year of the worker;

-T N : The number of days in the year according to the calendar year is 365 days or 366 days if it is a leap year;

-T t : The weekly total of weekly holidays in the year is determined by regulation at Article 110 of the Labor Code;

-T p : The annual number of holidays is 12, 14 or 16 days and is increased according to the prescribed seniority at Article 111, Article 112 of the Labor Code and Article 7 Decree No. 45 /2013/NĐ-CP 10 May 2013 of the Government rules out certain provisions of the Labor Code of the time of work, time of rest and safety of labor, labor hygiene;

-T L And the number of the days of the year was ten days;

-Oh. n : The number of hours of normal work on a day is 8 hours; in particular for labourers who do the jobs, particularly hard work, malicious, dangerous according to the category operated by the Ministry of Labor-Trade and Social Affairs of 6 hours.

What? 4. Plan to determine the number of hours of daily standard work

Every year, base at the time fund works standard for the year (T) Q ) calculated as instructed at this Article 3, the employer planning to determine the number of hours that work the workers ' daily standards in accordance with the following cases:

1. The working date has a standard working hours of 8 hours or 6 hours for labourers who do the jobs, particularly hard, malicious, dangerous, dangerous jobs;

2. The working day has a standard working hours of more than 8 hours but no more than 12 hours or more than 6 hours but not more than nine hours for labourers doing professions, particularly heavy, toxic, dangerous;

3. The working date has a standard working hours from 4 hours to less than 8 hours or from 3 hours to under 6 hours for labourers who do the professions, particularly hard, malicious, dangerous;

4. For a full day off.

What? 5. The principle of using the time fund works standard

1. In the year, the total number of hours of standard work is set to be determined by the guidelines at this Article 4 (including the rest of the day being counted as the time of work) not to exceed the standard working hours of the year (T). Q ) I mean, it's been identified in Article 3 of this.

2. The number of hours of standard daily work is less than 8 hours or less than 6 hours for labourers, particularly hard, toxic, dangerous jobs, if planned to be defined in accordance with the instructions stated at paragraph 3 and paragraph 4 Article 4 This message, People who use labor don't pay for the labor.

3. The number of hours of standard working hours has been planned that the practice is not intended for working workers, the employer must pay a stop job for the worker.

4. The number of hours of standard work hours more than eight hours or more than six hours for labourers, particularly hard, toxic, dangerous jobs that have been identified in the plan at paragraph 2 This April, the number of those odds is that. It doesn't count as time to add.

5. The number of hours of daily practice exceeding the number of standard working hours has been planned in accordance with this Article 4, the number of hours is calculated as overtime to add to the total number of hours added during the year, while the employer is employed. having to pay overtime and implement the overtime-related regimes for workers in accordance with the provisions of the Labor Code.

What? 6. Gi Oh. Time for daily standard work and overtime.

1. The total number of hours of standard work and the number of hours added in a day of no more than 12 hours; alone for labourers who do the professions, particularly hard work, malicious, dangerous, no more than nine hours.

2. The limit of standard work hours and overtime, the month specified as follows:

a) The total number of hours of standard work and the number of hours added in a week of no more than 64 hours; alone for labourers who do the jobs, particularly heavy, toxic work, the danger no more than 48 hours.

b) The total number of hours added in a month of no more than 32 hours; alone for labourers, particularly hard, hazardous, dangerous, dangerous work no more than 24 hours.

c) The employer decides the option to apply the standard working time limit and overtime to add the specified week at a point a or limit the hours of overtime at this b point and must write time for work time, time to time. Take a break in the five regulations at paragraph 1, Article 8 of this.

The decision case applies to an hourlong limit of overtime at this b point, and the total number of hours spent in a week is less than 56 hours; for labourers, particularly hard, hard work, and so on. No, no, no, 42 hours.

3. The total amount of overtime in one year for each worker is no more than 300 hours.

What? 7. Rest Time

1. Every week, workers are on holiday for at least one day (24 continuous hours). In the months of the time or the order to be forced to withdraw the export company by order, if it does not take a weekly break, there is a monthly guarantee of at least 4 days of holiday for workers.

2. Rest in work hours, on the transfer of shifts to each worker in accordance with the regulation of the Labor Code. If workers work in the day from 10 or more hours, employers have to spend at least 30 minutes at work hours, in addition to their normal working hours.

3. The business must be deployed so that the workers are paid off or vacate the number of holidays, the New Year ' s Day, and the rest of the holidays that are in accordance with the provisions of the Labor Code.

What? 8. i Employer's mattress.

1. Every year, the base of the production plan, business, the owner and the planning and editing of the hours of work, the time of rest for the year on the basis of the Appendix 1 issued this message. When set up, adjust the plan, must consult the labor collective representation organization at the facility. Refer to the examples at Annex 2 issued by this message during the construction and implementation of the working hours of work, time of rest.

The number of hours that determines the standard working hours of working days for the year is 8 hours or 6 hours for labourers, particularly hard, malicious, dangerous work, and not planning to follow the Appendix 1.

2. Announces the plan, schedule adjustments plan, time of rest within the business range, production base, business for the worker to know, before performing at least 30 days; the deal with the worker at overtime in accordance with the rule of the business. It's the Labor Code.

3. Agreement with workers on the method of pay by the time or pay all in the months of the year.

4. The annual periodic report on the Department of Labor-Trade and Local Social Affairs on the implementation of this Information in the report on safety, sanitation.

What? 9. The responsibility of the Department of Labour-Trade and Society

1. Coordinate with common related agencies, this Smart Guide to businesses, manufacturing facilities, business-based businesses.

2. Often run through, oversee, inspect, inspect the conduct of the working hours, time periods at the business, manufacturing facilities, business, and process of infringed violations by the law of labor.

3. The annual periodic report on the Ministry of Labor-Trade and Social Affairs implementation of this Smart of businesses, manufacturing facilities, business-based businesses along with reporting of safe work, labor hygiene.

What? 10. The effect of execution

1. This message has been in effect since 10 February 2016.

2. Digital News 33 /2011/TT-BLTBXH November 18, 2011 of the Ministry of Labor-Trade and Social Affairs guides the implementation of the working-time regime, the time of rest for the labourers to do the work of time and the export of the export-based export order since the end of the year. This private day is in effect.

3. Regulations of night working hours, overtime in special circumstances, unpaid leave on the subject applicable to the applicable law in accordance with the current regulation of labor.

4. In the course of the execution if the arise arise, the offer reflects on the Ministry of Labor-Trade and Society for the study, settlement.

KT. MINISTER.
Chief.

(signed)

Lp Yeh