Circular 04/2021/TT-BCT on working time, rest time for employees doing jobs in pit mines

CIRCULAR

Prescribing working time and rest time for employees doing jobs in pit mines

Pursuant to Article 116 of the Labor Code No. 45/2019/QH14 passed on November 20, 2019 by the National Assembly;

Pursuant to Article 68 of the Government's Decree No. 145/2020/ND-CP dated on December 14, 2020, detailing and guiding the implementation of a number of articles of the Labor Code regarding working conditions and industrial relations;

Pursuant to the Government's Decree No. 98/2017/ND-CP dated August 18, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Department of Personnel and Organization after reaching an agreement with the Ministry of Labor, Invalids and Social Affairs;

The Minister of Industry and Trade promulgates the Circular prescribing working time and rest time for employees doing jobs in pit mines.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes working time and rest time for employees doing jobs in pit mines.

Article 2. Subjects of application

1. Subjects of application:

a. Employers being organizations, individuals that hire, use employees operating in the field of coal and mineral exploitation by pit method.

b. Employees working in pit mines at pit mine exploitation works.

2. This Circular does not apply to employees who work at pit mines without doing jobs in pit mines.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Working shift of an employee in the pit means a working period from the time he/she starts receiving tasks at the exchange-shift station until he/she returns to the industrial yard on the mine site after finishing work, including: the time to receive the task, the time to move from the exchange-shift station to the production location and back to the industrial yard on the mine site (including the time it takes for the employee to move from the pit door to the assigned production location in the pit and vice versa) and the working time of an employee at the production location in the pit.

2. Working time of an employee at the production location in the pit means a working period of an employee directly performs the assigned task at the production location in the pit until finishing work at the working location, including the rest time during working hours.

3. The job in the pit is all the works to service for the pit mine exploitation from the pit door to the production location in the pit and vice versa.

Chapter II

WORKING TIME, REST TIME OF EMPLOYEES IN PIT MINES

Article 4. Working time

1. A working shift of an employee in the pit mine must not exceed 9.5 hours per day.

2. A working time of an employee at the production location in the pit mine must not exceed 07 hours per day and 42 hours per week.

Article 5. Overtime work

1. Overtime period is a working period in addition to working shift prescribed in Clause 1, Article 4 of this Circular.

2. The total working hours of working shifts and overtime working hours must not exceed 12 hours per day; overtime working hours must not exceed 300 hours per year.

3. The organization of overtime work shall be agreed by employees and comply with Articles 59 and 62 of the Government’s Decree No. 145/2020/ND-CP.

4. The organization of overtime work in special cases shall comply with Article 108 of the Labor Code.

Article 6. Rest breaks during working hours

Rest breaks during working hours shall comply with Article 109 of the Labor Code.

Article 7. Between-shift breaks; weekly breaks; annual leave, holidays and New Year leaves; leaves for personal reasons; unpaid leaves

Implement the provisions of Articles 110, 111, 112, 113, 115 of the Labor Code.

Chapter III
IMPLEMENTATION PROVISIONS

Article 8. Responsibility of employers

1. Employers shall prescribe specified working shifts, working time, rest time of works in the pit mines in labor regulations and notify to employees in accordance with the law.

2. Annually, employers shall report to the Ministry of Industry and Trade before January 15 and irregular report at the request of competent agencies on the implementation of this Circular.

Article 9. Effect

1. This Circular takes effect on September 1, 2021.

2. The Department of Personnel and Organization shall be responsible for supervising and inspecting the implementation of this Circular.

3. Any problems arising in the course of implementation should be reported to the Ministry of Industry and Trade for consideration and settlement./.

The Minister

Nguyen Hong Dien