Circular 42/2009/tt-Bgtvt: Guidelines For Implementing Time Mode Work, Leisure Time For Workers To Do The Job Have Particular Properties In Aviation

Original Language Title: Thông tư 42/2011/TT-BGTVT: Hướng dẫn thực hiện chế độ thời giờ làm việc, thời giờ nghỉ ngơi đối với người lao động làm công việc có tính chất đặc thù trong ngành hàng không

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Circular time regimes working hours, time of rest for workers doing the work has special properties in the airline industry _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the labor code base on 23 June 1994 and the additional amendment of some articles of the labor code on 02 April 2007;
Pursuant to the law of civil aviation Vietnam on June 29, 2006;
Pursuant to Decree No. 195/CP dated 31 December 1994 the Government detailing and guiding the implementation of some articles of the labor code of the hours of work and hours of rest and Decree No. 109/2002/ND-CP dated 27 December 2002 revised Government supplement some articles of Decree No. 195/CP on 31 December 1994 of the Government;
Pursuant to Decree No. 51/2008/ND-CP on April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;
After the opinion of the Ministry of labor, invalids and Social Affairs in no. 590/LĐTBXH-03 March 2011 SUBJECT to;
The Minister of transport, guide and implement the regime during working hours, time of rest for workers doing the work have particular properties in aviation are as follows: article 1. Scope this circular regulates working time mode, time of rest for workers employed in these types of business activities in the field of civil aviation was established and operating under the enterprise law.
Article 2. The object that applies to this circular apply to workers to do the job the following job titles: 1. Members of the crew;
2. Flight Attendant;
3. Employee maintenance and repair of aircraft;
4. air traffic staff;
5. Staff announcements news;
6. Employee information, guidance, monitoring;
7. Security personnel;
8. an emergency staff at risk, rescue;
9. The staff of harnessing, bay;
10. Employees of control, operation, equipment, means equipment in the bay;
11. Staff members tapped the ground flight service;
12. the aviation meteorological staff.
Article 3. Terms: 1. During working hours is the period of time the employees conducting the work as assigned by the employer, are recorded in the labor contract, labor regulations and collective labour agreements;
2. Time rest time outside working hours.
Article 4. During working hours, rest time of crew members, flight attendants During working hours, rest time of crew members, flight attendant provisions in decision No. 45/2006/QĐ-BGTVT dated 19 December 2006 of the Minister of transport issued the regulation of exploitation of commercial transport helicopter and decision No. 10/2008/QD-BGTVT on June 13 2008 by the Minister of transport issued the regulation of civil aviation safety is made until the end of October 27, 2012; Since April 28, 2012 to comply with circular No. 01/2011/TT-BGTVT dated Jan. 27, 2011 of the Minister of transport on The safety regulations of civil aviation aircraft sector and exploit the flying ship.
Article 5. During working hours, rest time of employees information, navigation, air monitoring During working hours, rest time of employees information, navigation, air monitoring work at the tv station, stations in remote areas, the high, the islands do not have conditions to go about the day (work cycle) is defined as follows : 1. Work cycle is calculated from the date the employee began to work for days on end at work (including time traveling the road from station to station, agency and vice versa). The base nature of work, conditions of travel, the employers and workers agreed to work according to the cycle, but the time to work on a minimum of 2 and maximum of not more than 15 days, the total number of hours worked and overtime of employees not exceeding 12 hours/day , 232 hours per month; total overtime not exceeding 300 hours per year;
2. After each work cycle, the employer has the responsibility to arrange for the workers to be rested on number equal to the number of days worked at the radio station, the station, then deployed the next work cycle;
3. career titles, work that laborers took charge of the provisions in this Article, if that doesn't work then the cycle time of working hours, rest time performed according to article 6 of this circular.
Article 6. During working hours, rest time of employees of other airlines During working hours, rest time of employees to maintenance and repair of aircraft; air traffic staff; security personnel; an emergency worker risk, rescue; staff moderation, tapping bay; control staff, operations, equipment, means equipment in the bay; tapping the ground staff in service flight; aeronautical meteorological personnel, are as follows: 1. the time hours: a) outside business hours, then the employers can bargain with workers to work overtime in order to perform the work required of the aviation operations during both day and night both the weekly holidays, and holidays, but must guarantee the principle: the total number of hours worked and overtime of employees not exceeding 12 hours/day, 232 hours per month; total overtime not exceeding 300 hours per year.
b) time aforesaid work including the number of hours calculated time working hours are specified in paragraph 3 of article 3 of Decree 184/CP dated 31 December 1994 the Government detailing and guiding the implementation of some articles of the labor code on working hours and rest time;
c) employers have the right to mobilize workers to work immediately without being limited to the number of hours worked, the number of hours worked during the day, in the case of emergency cause menace to life, security, aviation safety, aviation equipment.
2. Time to rest: a) the number of hours of rest the employee's minimum is 12 hours for 24 hours continuously;
b) The employer must arrange for workers to fully break holidays downloads, holidays, lunar new year; in the special case due to the cycle of labor could not break downloads, then the employer must ensure employees are on holiday the average count at least 4 days in August;
c) workers working on the holidays, holidays, new year, then the employer must arrange enough holidays to compensate for workers;
d) time of rest and a holiday on the private follow the provisions of article 71, 72, 73, 74, 75, 78 of the labour code.
Article 7. The liability of the employer 1. In collaboration with the Executive Committee of the trade union premises, the time mode common working hours, rest time provisions of this circular and recorded to the labor contract, the labor regulations or collective labour agreement.
2. Determine the required work hours in line with title-winning days in the specific workplace and construction measures taken to implement the working mode according to the provisions of this circular.
Article 8. Effective enforcement of this circular effect after 45 days from the date of signing.
Article 9. Responsibility 1. Vietnam Airlines Director General is responsible for monitoring, checking and evaluation of the implementation of this circular.
2. The Chief, Chief Inspector, the Director of the Service, the Director of the Vietnam aviation, Medical Director of transportation, heads of agencies, organizations and individuals concerned is responsible for the implementation of this circular.
3. In the process of implementation, if any problem arises concerns the agencies, organizations, personal reflections in time to the Ministry of transport to consider the resolution according to the authority.