Circular 20/2023/TT-BCT working time, rest time for workers in offshore petroleum exploration and exploitation

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Circular No. 20/2023/TT-BCT dated November 08, 2023 of the Ministry of Industry and Trade prescribing working time and rest time for workers doing jobs of special characteristics in the field of offshore petroleum exploration and exploitation
Issuing body: Ministry of Industry and TradeEffective date:
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Official number:20/2023/TT-BCTSigner:Nguyen Sinh Nhat Tan
Type:CircularExpiry date:Updating
Issuing date:08/11/2023Effect status:
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Fields:Industry , Labor - Salary
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Effect status: Known

THE MINISTRY OF INDUSTRY AND TRADE
________

No. 20/2023/TT-BCT

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

_______________________

Hanoi, November 08, 2023

CIRCULAR

Prescribing working time and rest time for workers doing jobs of special characteristics in the field of offshore petroleum exploration and exploitation

 

Pursuant to the Law on Oil and Gas No. 12/2022/QH15 passed on November 14, 2022, by the XVth National Assembly of the Socialist Republic of Vietnam;

Pursuant to the Labor Code No. 45/2019/QH14 passed on November 20, 2019, by the XIVth National Assembly of the Socialist Republic of Vietnam;

Pursuant to 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. 96/2022/ND-CP dated November 29, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Based on the unanimous opinion of the Ministry of Labor, Invalids and Social Affairs

At the proposal of the Director of the Organization and Personnel Department;

The Minister of Industry and Trade promulgates the Circular prescribing working time and rest time for workers doing jobs of special characteristics in the field of offshore petroleum exploration and exploitation.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Circular prescribes working time and rest time for workers doing jobs of special characteristics in the field of offshore petroleum exploration and exploitation.

Article 2. Subjects of application

1. Subjects of application

a. Employers being enterprises, organizations and individuals that hire or employ workers and operate in the field of offshore petroleum exploration and exploitation;

b. Workers doing jobs in the field of offshore petroleum exploration and exploitation at offshore petroleum facilities.

2. This Circular does not apply to workers being crews.

Article 3. Interpretation of terms

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

1. Offshore petroleum facility means an independent work or a complex of works or a technological line in the following facilities: Oil and gas platforms, exploitation platforms, oil and gas processing and distribution platforms, auxiliary platforms, water injection rigs, oil and gas service ships, storages, floating storages, pipeline systems and combinations of related facilities, machinery and equipment, and facility structures that are manufactured, constructed, buried and installed permanently or temporarily in Vietnam’s maritime zones.

2. Working round means a working period of a worker which is calculated consecutively from the time he/she appears at, to the time he/she leaves, an offshore petroleum facility, exclusive of the travel time.

3. Working shift means a working period of a worker which is calculated from the time he/she starts his/her job to the time he/she hands over this job to another worker, inclusive of the working time and break.

 

Chapter II

WORKING TIME AND REST TIME

 

Section 1. Working time

 

Article 4. Working time for full-time workers

Full-time workers at offshore petroleum facilities shall work according to working round and working shift as follows:

a. A working shift lasts 12 hours/day at most;

b. A working round lasts 28 days at most.

Article 5. Working time for part-time workers

1. Standard working time

The total number of per-annum standard working hours of a part-time worker shall be calculated as follows:

SGLVN =

(SNN-SNHN) x 12h

2

Of which: SGLVN: is the number of per-annum standard working hours

 SNN: is the number of days in a year

 SNHN: is the number of per-annum days off of a worker prescribed by the Labor Code

In case a worker has worked for less than 12 months in a year, the number of days in a year (SNN) and the number of per-annum days off (SNHN) shall be calculated in proportion to his/her working period, counting from the time the worker starts working in that year.

Example 1: Mr. A has been working for Petroleum Company X consecutively from 2007 to 2023.

The additional number of per-annum days off corresponding to his 16 years’ working period is 3.

The number of his per-annum days off in 2023 as prescribed in the Labor Code is: SNHN = 12 + 3 = 15 days.

The total number of days in 2023 is: SNN = 365 days.

So, the number of standard working hours of Mr. A in 2023 will be:

SGLVN =

(365 - 15) x 12h

 = 2,100 hours

2

Example 2: Mr. B has worked for Petroleum Company Y since April 1, 2023.

The number of his per-annum days off in 2023 in the company as prescribed in the Labor Code and Article 66 of the Government's Decree No. 145/2020/ND-CP is:

SNHN =

9 working months

x 12 days = 9 days.

12 months in a year

The total number of remaining days in 2023 is: SNN = 275 days.

So, the number of standard working hours of Mr. B in 2023 will be:

SGLVN =

(275 - 9) x 12h

 = 1,596 hours

2

2. Part-time workers at offshore petroleum facilities shall work according to working round and working shift as follows:

a. A working shift lasts 12 hours/day at most;

b. A working round lasts 45 days at most.

3. The employer shall reach an agreement or a consensus in writing with a worker on working shift and working round before assigning him/her to work on a part-time basis at offshore petroleum facilities.

4. When not working at offshore petroleum facilities, part-time workers may have days off as prescribed in Clause 4 Article 8 or shall do jobs on the mainland in accordance with the labor law.

5. The total number of per-annum normal working hours of a part-time worker must not exceed the standard working time in a year as prescribed in Clause 1 of this Article.

Article 6. Overtime work

1. The working time in addition to working shift or working round prescribed in Clause 1 Article 4 of this Circular for full-time workers shall be regarded as overtime. The working time in addition to working shift or working round prescribed in Clause 2 of Article 5 or the working time exceeding the number of per-annum standard working hours prescribed in Clause 1 of Article 5 of this Circular for part-time workers shall be regarded as overtime.

2. The total number of working hours of working shifts and overtime hours of a worker must not exceed 14 hours/day; and the total number of overtime hours of a worker must not exceed 300 hours/year.

3. The organization of overtime work must obtain worker’s consents and comply with Articles 59 and 62 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.

Article 7. Overtime work in special cases

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

2. Employers shall arrange for the worker to take time off in lieu corresponding to the overtime period during the break between working round.

In case of failure to arrange for the workers to take time off in lieu, the employers shall pay salaries and allowances for overtime work to workers in accordance with law provisions.

 

Section 2. Rest time

 

Article 8. Rest time

1. After each working shift, a worker is entitled to a rest of at least 10 consecutive hours before starting a new working shift.

2. The employer shall arrange breaks between working shifts which are included in the working time, the total time of such breaks must be at least 60 minutes, in which each break lasts at least 30 consecutive minutes, or 45 consecutive minutes in case of night work.

3. In addition to breaks between working shifts, after each working round, a full-time worker is entitled to a leave equal to the number of working days in the previous working round.

4. A part-time worker is entitled to a leave as suitable to working conditions which must follow the principles as bellows:

a. Working at an offshore petroleum facility on a weekday: 1 working day at sea equal to a half-day off;

b. Working at an offshore petroleum facility on a weekend: 1 working day at sea equal to a day off;

c. Working at an offshore petroleum facility on Holidays and New Year Festival: 1 working day at sea equal to 2 days off.

Article 9. Annual leave

Workers are entitled to annual leave in addition to a leave between working rounds in accordance with Articles 113 and 114 of the Labor Code. If the employer cannot arrange an annual leave for a worker, it/he/she shall reach agreement with that worker on the latter’s annual leave during the leave between working rounds.

Article 10. Holidays and New Year Festival; leave for personal reasons; unpaid leave

1. Workers are entitled to be off work on holidays and New Year Festival, and take leave for personal reasons and unpaid leave in accordance with Articles 112 and 115 of the Labor Code.

2. If a holiday or the New Year Festival falls in his/her working round, a worker is entitled to overtime pay in accordance with law.

 

Chapter III

IMPLEMENTATION PROVISIONS

 

Article 11. Responsibilities of employers

1. The employer shall include detailed provisions on workers’ working shift and working round in the internal working regulation and notify such to workers before they come to work in accordance with law.

2. Employers shall report on the implementation of this Circular to the Ministry of Industry and Trade before January 15 every year or at the request of competent agencies

Article 12. Effect

1. This Circular takes effect from December 25, 2023.

This Circular replaces the Minister of Industry and Trade's Circular No. 24/2015/TT-BCT dated July 31, 2015, prescribing working time and rest time for workers doing jobs of special characteristics in the field of offshore petroleum exploration and exploitation.

2. The Organization and Personnel Department shall supervise and examine the implementation of this Circular.

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

 

 

FOR THE MINISTER

THE DEPUTY MINISTER

 

Nguyen Sinh Nhat Tan

 

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