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Circular 24/2015/tt-Bct: Rules On Working Time, Leisure Time For Workers To Do The Work In Nature, Especially In The Field Of Exploration And Exploitation Of Oil And Gas In The Sea

Original Language Title: Thông tư 24/2015/TT-BCT: Quy định về thời giờ làm việc, thời giờ nghỉ ngơi đối với người lao động làm các công việc có tính chất đặc biệt trong lĩnh vực thăm dò, khai thác dầu khí trên biển

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The CIRCULAR regulates the time the working time, leisure time for workers to do the work in nature, especially in the field of exploration and exploitation of oil and gas in the Sea 1/01/clip_image001.gif "width =" 150 "/> pursuant to Decree No. 95/2012/ND-CP on November 12, 2012 of the Government functions duties, powers and organizational structure of the Ministry of industry and trade;
The labor code base no. 10/2011/QH13 was passed by Congress on June 18, 2012;
Pursuant to the law of oil and gas in 1993; Act No. 19/2000/QH10 amendments and supplements to some articles of the law on oil and gas law No 10/2008/QH12 amendments and supplements to some articles of the law of oil and gas;
At the suggestion of the Director of the Organization Department after uniting with the Ministry of labor, invalids and Social Affairs, the Minister of industry and Commerce issued a circular regulating the working time, leisure time for workers to do the work in nature, especially in the field of exploration oil and gas exploration, on the sea.
 
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the time the working time, leisure time for workers to do the work in nature, especially in the field of exploration and exploitation of oil and gas in the sea.
 
Article 2. 24 application object. 
25.1. The employer's enterprise, agency, organisation, cooperative, household, personal hiring, employers operating in the field of the exploration and exploitation of oil and gas in the sea.
2. Workers employed in the construction of oil and gas in the sea.
3. The employee in the position the boat staff not subject to this circular.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. petroleum works on the Sea including the popular media, the equipment, the structure was built and installed in a temporary, fixed on the sea to serve the oil and gas activities.
2. The session was about the working time of employees is calculated from when to when leaving the oil works on the sea but does not include time on the road.
3. Shift work is about working time of workers since the beginning of duty until handing the task to someone else, include: the hours of work and time.
 
Chapter II DURING WORKING HOURS, the HOURS of REST 1. During working hours article 4. During working hours for employees working a regular 1. Employees work regularly as session and according to work shifts, specifically as follows: a. maximum working 12-hour Shifts;
b. the maximum 28-day session.
2. The employer is responsible for specifying work shifts and to work in the oil and gas works on the sea to labor regulations and inform workers before going to work.
Article 5. During working hours for workers who do not work regularly for 1. Standard hours are forecast to total standard hours of work in a year of workers work not often calculated as: SGLVN = (SNN-SNHN) x 12 h 2 in it: SGLVN: the number of hours in the standard work in SNN: number of days in the year SNHN: number of annual holidays for workers under the provisions of the labor code case workers have not done enough in 12 years , the number of days in the year (SNN) and the number of annual holidays (SNHN) is calculated according to the proportion of working time from the time employees started to work for the employer in the year.
Example 1: A work for British Petroleum Company X continuously since 1999 to 2015.
The number of annual holidays with corresponding increase in 16 years is 3 days.
The number of annual holidays of England A in the year 2015 under the provisions of the labor code is: SNHN = 12 + 3 = 15 on the total number of days in the year 2015: SNN = 365 days So the standard number of hours worked in the year 2015 of England A will is: SGLVN = (365-15) x 12 h = 2100 hours 2 example 2: England B working for oil companies on health from 01/4/2015.
The number of annual holidays you B in Petroleum Company Y in 2015 according to the provisions of the labor code is: SNHN = 12 x 9/12 = 9 days total days left in the year 2010 are: SNN = 275 days So the standard number of hours worked in the year 2015 of the England B would be: SGLVN = (275-9) x 12 h = 1596 hours 2 2. When working on oil and gas works on the sea, workers do not regularly follow session and according to work shifts, specifically as follows: a. maximum working 12-hour Shifts;
b. the maximum 45-day session.
3. The use of labor agreement with workers on work shifts and the session before the election workers not working regularly on works of oil and gas in the sea.
4. In no time working on oil and gas works on the sea, workers do not regularly deployed substituted or work on land under the provisions of labour legislation.
5. The total number of normal working hours during the year of employees working irregular times do not exceed the standard hours of work prescribed in clause 1 of this article.
Article 6. Overtime 1. Working time also work shifts or out of the session specified in clause 1 article 4 with regard to the employee's regular work time to do more now. Working time also work shifts or out of the session specified in clause 2 5 Thing or time worked in excess of the standard hours of work in the year prescribed in clause 1 article 5 with regard to workers not working often are counted as overtime period.
2. The total number of hours worked and overtime of employees not exceeding 14 hours/day.
3. The number of hours worked by the employee not to exceed 50 hours/session and in any case not exceed 300 hours/year.
Article 7. Overtime in special cases 1. Special cases include: execute motivate, mobilize the Defense mission assurance and security in an emergency situation on defense and security; perform the work to protect human life, property and the environment around the oil and gas works in preventing and overcoming the consequences of natural disasters, fire, epidemics, disaster.
2. in special cases, the employer has the right to require overtime workers on any day without being charged to limit the number of hours worked during the day and the number of days worked during the session as specified in paragraph 2 and paragraph 3 article 6.
3. employers Who pay wages and other modes of overtime for workers.    
Section 2. Time of rest article 8. Hours of rest 1. After each shift worked on the sea, workers are accommodated a minimum of 10 continuous hours before starting a new shift.
2. The employer is responsible for taking breaks between work shifts on hours of work, in which the total time off between shift working a minimum of 60 minutes.
3. In addition to the holiday period between work shifts, after each session, regular workers are accommodated with the number of days equal to the number of working days in the previous session. Workers work not often deployed that fit the situation at work, but not lower than 5 consecutive days.
Article 9. Annual holidays 1. Workers were on holiday every year, in addition to vacation time between sessions, in accordance with the provisions of labour legislation.
2. where can not arrange annual vacation for employees, who use labor agreement with workers on the annual holiday at holiday time between sessions.
Article 10. Holiday, The Lunar New Year; The holiday; Non-paid vacation

1. Workers are accommodated public holidays; the holiday break and are not entitled to wages consistent with labor law regulations.
2. in case of holidays, lunar new year coincides with the session, paid workers overtime wages in accordance with the law.
 
 
Chapter III the TERMS of the IMPLEMENTATION of article 11. Implementation 1. Service personnel-Industry, coordinating bodies, the relevant units to guide, monitor, examine the implementation of the provisions of this circular.
2. The employer is responsible for implementing the provisions of this circular and the related mode.
3. Vietnam Petroleum Corporation has the responsibility to guide and direct the Member units, the business venture, links in the Vietnam oil and gas Corporation as defined in the Charter of organization and activity of the Vietnam oil and gas Corporation to implement the provisions of this circular.
4. The employers have a responsibility to report the Industry periodically before 15 January each year and in case of unscheduled reports required of the competent authorities on the implementation of the provisions of this circular.
Article 12. Effect 1. This circular has effect as from October 1, 2015.
2. During the implementation process, if something concerns, organizations, personal reflection on the Industry to consider and resolve.