Circular 12/2022/TT-BCT working time, rest time for employees engaged in operation of gas works

CIRCULAR

Prescribing the working time and rest time for employees engaged in operation, maintenance and repair of gas distribution pipelines and gas works

Pursuant to Article 116 of the Labor Code No. 45/2019/QH14 dated November 20, 2019;

Pursuant to Article 68 of the Government’s Decree No. 145/2020/ND-CP dated 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 request of the Director General of Organization and Personnel Department;

The Minister of Industry and Trade, after working with the Ministry of Labors, Invalids and Social Affairs, promulgates the Circular prescribing the working time and rest time for employees engaged in operation, maintenance and repair of gas distribution pipelines and gas works.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the working time, rest time for employees engaged in operation, maintenance and repair of gas distribution pipelines and gas works.

Article 2. Subjects of application

1. Subjects of application

a. Employers being organizations, individuals that employ other people to perform in the following fields: management, operation, maintenance and repair of gas distribution pipeline systems and onshore oil and gas works;

b. Employees performing operation, maintenance and repair of gas distribution pipeline systems and oil and gas works at the employers’ production facilities prescribed at Point a of this Clause.

2. This Circular does not apply to employees who indirectly work at the employers' production facilities prescribed at Point a, Clause 1 of this Article.

Article 3. Interpretation of terms

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

1. Shift means the duration of employee’s working time including: working hours at the workplaces and rest breaks during working hours.

2. Working session means the total number of consecutive working days of an employee in a shift from the time he/she arrives to the time he/she leaves the production facility, excluding commuting time.

3. Working hours at the workplace of an employee include the real working time and rest breaks during working hours prescribed in Clause 2, Article 109 of the Labor Code.

Chapter II

WORKING HOURS AND BREAK HOURS

Article 4: Working hours

Employees who operate, maintain and repair gas distribution pipeline systems and gas works work in shifts and working sessions, specifically as follows:

1. A shift must not exceed 12 hours in 01 day.

2. A maximum working session is 07 days.

Article 5. Overtime work

1. Overtime work is the working period besides the normal working shift or working session prescribed in Article 4 of this Circular.

2. The total time of the normal working hours and overtime work must not exceed 12 hours in 01 day; the overtime hours must not exceed 300 hours in 01 year.

3. The organization of overtime work must be accepted by employees and comply with the provisions in Articles 59, 62 of the Government’s Decree No 145/2020/ND-CP dated December 14, 2020.

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

Article 6. Rest breaks during working hours

1. Rest breaks during working hours must comply with the provisions in Article 109 of the Labor Code.

2. The break between two consecutive shifts shall not exceed 45 minutes.

Article 7. Breaks between shifts; Public holiday leaves; Annual leaves; Personal leaves and leaves without pay

1. Breaks between shifts; Public holiday leaves; Annual leaves; Personal leaves and leaves without pay must comply with the provisions in Article 110, 112 and 115 of the Labor Code.

2. Annual leaves must comply with the provisions in Article 113 and Article 114 of the Labor Code. In case of not being able to arrange annual leaves for employees, employers shall reach an agreement with their employees on taking extra breaks between shifts instead of taking annual leaves.

Article 8. Breaks between working sessions

After each working session, employees working in sessions are arranged to have a consecutive rest with the number of days off equal to the number of working days in the previous working session.

Chapter III

IMPLEMENTATION PROVISIONS

Article 9. Employer’s responsibilities

1. Employers shall take the responsibility for detailing working shifts and working sessions of employees in the internal working regulations; and inform their employees prior to signing their contract in accordance with laws. 

2. Making annual reports on the implementation of this Circular to the Ministry of Industry and Trade before January 15, and ad-hoc reports at the request of competent agencies. 

Article 10. Effect

1. This Circular takes effect on September 9, 2022.

2. The Department of Organization and Personnel shall assume the responsibility for supervising and inspecting the implementation of this Circular’s provisions.

3.  Any difficulties arising in the course of implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration and handling according to its competence./.