Decree No. 45/2013/ND-CP dated May 10, 2013 of the Government detailing a number of articles of the Labor Code on working time, rest time and occupational safety and hygiene
Decree No. 45/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labor Code on working time, rest time and occupational safety and hygiene
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 18, 2012 Labor Code;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
The Government details a number of articles of the Labor Code on working time, rest time and occupational safety and hygiene.
SCOPE AND SUBJECTS OF APPLICATION
Article 1. Scope of regulation
This Decree details a number of articles of the Labor Code on working time, rest time and occupational safety and hygiene.
Article 2. Subjects of application
1. The provisions on working time and rest time in this Decree are applicable to the subjects defined in Article 2 of the Labor Code.
2. The provisions on occupational safety and hygiene in this Decree are applicable to the following subjects:
a/ Vietnamese employees; foreign employees working in Vietnam; apprentices and trainees who will work for their employers;
b/ Enterprises, agencies, organizations, cooperatives, households; and related individuals.
WORKING TIME AND REST TIME
Article 3. Time to be counted in paid working time
1. Rest time during working hours as defined in Article 5 of this Decree.
2. Breaks as required by the nature of jobs.
3. Rest time which is necessary during the working process for physiological needs of humans and included in labor norms.
4. Daily rest time of 60 minutes for female employees who are nursing their under-12 month infants.
5. Daily rest time of 30 minutes for female employees during their periods.
6. Time of work stoppage not due to employees’ fault.
7. Time for occupational safety and hygiene training.
8. Time for meeting, learning and training as required or agreed by employers.
9. Time for meeting, learning and training of part-time trade union officers as summoned by higher-level trade unions in accordance with the law on trade unions.
10. Daily working time reduction of at least one hour for elderly employees in the last year before their retirement.