Circular 33/2010/tt-Bldtbxh: Tutorial Temporal Regimes Working Hours, Time Of Rest For Workers Doing The Work Has Forecast Service And Export According To The Machining Menu

Original Language Title: Thông tư 33/2011/TT-BLĐTBXH: Hướng dẫn thực hiện chế độ thời giờ làm việc, thời giờ nghỉ ngơi đối với người lao động làm các công việc có tính thời vụ và gia công hàng xuất khẩu theo đơn

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Circular time regimes working hours, time of rest for workers doing the work has forecast service and export processing order _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to article 80 of the labor law on June 23, 1994; Law on amendments and supplements to some articles of the labor code on 02 April 2002; Law on amendments and supplements to some articles of the labor code on June 29, 2006; Law on amendments and supplements to some articles of the labor code on 02 April 2007;
Pursuant to Decree No. 109/2002/ND-CP dated December 27, 2002 by the Government on the amendments and supplements to some articles of Decree No. 195/CP on 31/12/1994 of the Government of detailed rules and guidelines for implementing a number of articles of the labor code on working hours, rest time;
Pursuant to Decree No. 186/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
The Ministry of labor, invalids and Social Affairs Guide make time work mode, time of rest for workers doing the work produced there is seasonality and export processing order is as follows: article 1. Scope and objects 1. Scope: this circular guiding the construction and implementation of working time mode, time to rest every year for employees doing the work have seasonality in the production of agriculture-forestry-fisheries, requiring the harvesting now or after the harvest to processing right not long to be , the export of work under the order being dependent on time of server requests.
2. Objects: this circular apply to workers employed under a labour contract mode determines the time limit from 12 months to 36 months and the employment contract does not specify the duration in the enterprises, establishments manufacturing business (hereinafter referred to as enterprise) : a) companies, businesses of all economic sectors;
b) cooperatives, cooperative Nations operate according to cooperative Law have employers follow the labor contract mode.
Article 2. The time of working hours 1. Standard work time Fund in years: CN = [TN-(Tt + TP + TL] x tn (hours) including: + TQ: standard work time Fund in the year of the workers; + TN: the number of days in the year calculated according to the calendar year is 365 days or 366 days is; leap year; + Tt: total days off every week of the year is determined by the provisions of article 72 of the law on labour; + Tp : Number of annual holidays is 12, 14 or 16 days and was falling according to seniority to work as specified in article 74, article 75 of the labor code and item 2, section II of circular No. 09/TT-BLDTBXH dated 11/4/1995;
+ TL: the number of holidays in the year is 9 days;
+ tn: normal working hours in a day is 8 hours; particularly for laborers to do the trades, especially heavy, toxic, dangerous, according to the list by the Ministry of labor, invalids and Social Affairs issued is 6 hours.
Example 1: A worker who worked 15 years in normal labor conditions for company X. standard work time Fund in 2011 of A worker, calculated as follows:-the number of annual holidays of the workers A is: 12 + 15/5 = 15 days including: + 12 days is determined by the provisions of article 74 of the labour code;
+ 15/5 is the number of holidays increases with seniority is determined by the provisions of article 75 of the labour code.
- Lập bảng tính sau:





1.


Số ngày trong năm (theo dương lịch)


TN­ = 365




2.


The total number of weekly holidays in 2011 Tt = 52 3.


Số ngày nghỉ hàng năm


Tp = 15




4.


Số ngày nghỉ lễ


TL = 9




5.


The normal number of hours worked in a day tn = 8 TQ = [365-(52 + 15 + 9)] x 8 = 2312 hours So time Fund of workers working standard A 2011 is 2312 hours.
Example 2: B do workers especially hard for Company Y were 15 years. Standard work time Fund in 2011 of the worker B calculated as follows:-the number of annual holidays of employees B is: 16 + 15/5 = 19 days in which: + 16 day is determined by the provisions of article 74 of the labour code;
+ 15/5 is the number of holidays increases with seniority is determined by the provisions of article 75 of the labour code.
- Lập bảng tính sau:





1.


Số ngày tính theo năm dương lịch


TN­ = 365




2.


The total number of weekly holidays in 2011 Tt = 52 3.


Số ngày nghỉ hàng năm


Tp = 19




4.


Số ngày nghỉ lễ


TL = 9




5.


The normal number of hours worked in a day tn = 6 TQ = [365-(52 + 19 + 9)] x 6 = 1710 hours So time Fund of workers working standard B 2011 is 1710 hours.
2. the work standard hours daily: every year, based on standard work time Fund during the year (TQ) have calculated above, the business plan determine the number of daily working hours of workers under the following circumstances: a) the normal work day is 8 hours; or 6 hours for workers to do the job, especially heavy, toxic, dangerous;
b) on work more than 8 hours but not more than 12 hours; or more than 6 hours but not more than 9 hours for workers to do the job, especially heavy, toxic, dangerous;
c) working days on 4 hours but less than 8 hours; or on 3 hours but less than 6 hours for workers to do the job, especially heavy, toxic, dangerous;
d) laid off full-time.
Example 3: A worker according to example 1 have standard hours in 2011 is 2312 hours. The company X number of hours distributed daily working standards of workers A year 2011 are as follows: The calendar month according to the number of hours worked daily standard number of working days in the month the total number of working hours in the month, 1 8 25 200 notes on new year's day January 1, Vacation 2 7 9 63 4-day lunar new year; nghỉ trọn 11 ngày làm việc




Tháng 3


7


27


189


 




Tháng 4


9


24


216


Nghỉ ngày Chiến thắng, ngày Giỗ tổ Hùng Vương




Tháng 5


11 giờ từ thứ hai đến thứ năm, 10 giờ vào thứ sáu, thứ bảy hàng tuần


25


267


Nghỉ ngày Quốc tế lao động




Tháng 6


10 giờ từ thứ hai đến thứ sáu , 9 giờ vào thứ bảy hàng tuần


26


256


 




Tháng 7


9 giờ từ thứ hai đến thứ bảy tuần cuối của tháng, 8 giờ vào các ngày làm việc khác trong tháng


22


182


Bố trí 4 ngày nghỉ hàng năm




Tháng 8


8


16


128


Bố trí 11 ngày nghỉ hàng năm




Tháng 9


6


20


120


Nghỉ trọn 5 ngày làm work; National Day holiday October 10 11 hours from Monday to Friday, 8 hours on Saturday 26 271



 




Tháng 11


9 giờ từ thứ hai đến thứ bảy của 2 tuần đầu tháng, 7 giờ vào các ngày làm việc khác trong tháng


26


204


 




Tháng 12


8


27


216


 




TỔNG


 


 


2312


 





3. The principles use the standard hours of work time Fund: a) during the year, the total number of hours of work standards are determined according to the planning guidelines in paragraph 2 of this Article (including the time to rest during the day are counted as working time) should not exceed the standard hours of work time Fund during the year (TQ) specified in paragraph 1 of this article.
b) the number of hours worked daily standard of less than 8 hours; or at least 6 hours for workers to do the job, especially heavy, toxic, dangerous, if the planning has been defined according to the guidelines stated at Points c and d Account 2 this, then do not have to pay to stop work.
Example 4: in February, the company X layout for A worker to work 7 hours a day in 12 days, then laid the whole 11 days. The company has arranged the plan set referred to in example 3 above, like so:-the number of hours of work less than 8 hours of the normal working day is 8-7 hours = 1 hour; 1 hour is not paid to stop work;
-Number of days off work is 11 days paid not stop work.
c) standard number of hours worked daily has been planned that the fact does not arrange for the worker to work they must pay to stop work.
Example 5: March, due to the situation of production and business company X for A layout work 5 hours/day for 13 days, then break for a full 14 days. Thus, in comparison with the plan was the company set up A worker in March stated in example 3 above, then:-the number of actual hours of work are less than the standard number of hours worked daily are: 7 hours-5 hours = 2 hours; 2 now must pay to stop work;
-The number of days to stop the planned is 14 days; 14 days to pay to stop work.
d) the number of hours worked daily standards more than 8 hours, or more than 6 hours for workers to do the job, especially heavy, toxic, dangerous, were identified in the plan in point b of this clause 2, the number of hours that disparity does not count as time worked.
Example 6: in April, the company X layout for A worker to work 9 hours a day, from Monday to Saturday, according to the company's plan was outlined in example 3 above. As such, the number of hours worked more than eight hours of work normally is: 9 hours-8 hours = 1 hour. This is an hour of overtime.
DD) number of actual daily working hours exceed the standard number of hours has been planned according to the instructions in paragraph 2 of this Article, the number of hours that are counted as overtime to add to the total number of hours worked during the year, and pay wages and make other modes related to overtime in accordance with the current rules.
Example 7: in March, the company X layout for A worker to work 8 hours/day. Thus, in comparison with the plan was the company set up A worker to March in example 3 above, then the number of hours worked more than the standard hours of work are: 8 hours – 7 hours = 1 hour. A count of the total number of hours of overtime in the year, and pay wages and make other modes related to overtime in accordance with the current rules.
e) total hours of work standards and the number of hours worked in a day not more than 12 hours; particularly for laborers to do the trades, especially heavy, toxic, dangerous no more than 9 hours.
g) total standard hours of work and overtime in a week does not exceed 64 hours; particularly for laborers to do the trades, especially heavy, toxic, dangerous not so 48 hour.
Example 8: due to unexpected requirements, in May and June, the company X needs to do more now. The company allowed the layout as follows:-may, only to be held to work according to the plan outlined in example 3, was not held because the total overtime hours worked during the week is: (11 hours per day x 3 days) + (10 hours/day x 2 days) = 64 hours.
-June can do more each day 1 hour from Monday to Friday.
h) total hours worked in a year for each worker performs according to the current rules of the labor law was modified, added.
Article 3. Hours of rest 1. Downloads, employees are rested for at least one day (24 continuous hours). In the months time in service or are rushing exports machining under the order, if not made are rested downloads ensure monthly has at least 4 days off for workers.
2. Sleep mode in ca, ca, vacation break between transition between the two ca for each workers follow the rules of the labor law was modified, added. If the employee works during the day from 10 upwards, then the employer must arrange for them to be rested for at least 30 minutes more count on working hours, rest time outside of normal work shifts.
3. enterprises are deployed to the employee break or substituted enough on public holidays, annual vacation and other paid holidays in accordance with the provisions of The labor law was modified, added.
Article 4. The responsibility of business 1. Annually, based on the business plan, the initiative created and adjust the plan time to work, time to rest during the year according to the template in Appendix to this circular. When set up, adjust the plan to take the comments of the Executive Board of the Union base or the provisional Trade Union Committee in the enterprise.
Cases of normal daily working hours is just 8 hours, or 6 hours for workers to do the job, especially heavy, toxic, danger is not planning as specified above.
2. Announce plans during the working hours, the hours of rest within the business to employees know, posted on electronic information of the business before taking at least 30 days. Agreement with the workers work overtime according to the current rules.
3. Agreement with workers on payroll method according to the time of service or pay all the months of the year.
Article 5. The responsibility of the Department of labor, invalids and Social Affairs of the local 1. Coordinate with related agencies to disseminate this circular to local enterprises.
2. Frequently urge, monitoring, testing, inspection of the implementation of the rules on working time, rest time in the enterprise; processed according to the provisions of law violation cases, especially re.
3. Synthesis and periodic reports on the Ministry of labour, invalids and Social Affairs implementation of this circular of the businesses close.
Article 6. Effect 1. This circular is effective from November 10, 2012.
2. This circular replaces circular No. 16/2003/TT-BLDTBXH dated 3 June 2003 by the Ministry of labor, invalids and Social Affairs Guide make time work mode, time of rest for workers doing the work has forecast service and export processing order.
In the process if there are obstacles to suggest reflection on the Ministry of labour, invalids and Social Affairs to study the resolution./.