THE MINISTRY OF TRANSPORT
Circular No. 21/2015/TT-BGTVT dated June 05, 2015 of the Ministry of Transport prescribing the working time and rest time for employees working in the special conditions of railway transportation
Pursuant to the Labor Code dated June 18, 2012;
Pursuant to the Government’s Decree No. 45/2013/ND-CP dated May 10, 2013 detailing a number of articles of the Labor Code regarding working time, rest time, labor safety and labor hygiene;
Pursuant to the Government’s Decree No. 107/2012/ND-CP dated December 20, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;
At the request of Director General of Organization and Personnel Department and Director General of Vietnam Railway Administration;
The Minister of Transport promulgates the Circular regulating work and rest time for employees performing jobs of special condition in railway transport.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Circular prescribes the working time and rest time for employees working in the special conditions of railway transportation; this Circular shall be applied accordingly depending on actual production and business.
Article 2. Subject of application
This Circular applies to organizations, individuals related to jobs of special condition in railway transportation.
Article 3. Interpretation of terms
1. Shift work means the work schedules in which employees change or rotate shifts across all 24 hours each day of the week (24/7) throughout a year to perform the duties as required by railway transport to ensure employees have sufficient rest time according to the Law on Labor.
2. On-shift means a prescribed period of time during which employees are present at the working place and perform their duties including preparation, working, on-the-spot resting and finishing their duties according to regulations of railway transport technology.
3. Off-shift means a prescribed period of rest time for employees between the two shifts.
4. Regime of working on train means the regime in which employees change or rotate shifts uninterrupted across all 24 hours each day of the week (24/7) to ensure train journey and sufficiency of rest time to employees according to the law on labor.
5. Train journey is the period of time a train travels from department to U-turn destination under the train travel graph and includes time for necessary tasks performed at departure terminal, U-turn terminal according to regulations of railway transport technology.
6. Time for performing necessary tasks in a day (24 consecutive hours) is the time to be determined on the basis of tasks, quantity of work, labor norms including the time for preparation and completion of tasks, not including on-the-spot rest time during the on-shift.
