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

CIRCULAR

On working time and rest time for workers performing jobs of special characteristics in the field of offshore oil and gas exploration and exploitation^[1]

Pursuant to Law No. 12/2022/QH15 on Petroleum passed by the 15^th National Assembly of the Socialist Republic of Vietnam on November 14, 2022;

Pursuant to Labor Code No. 45/2019/QH14 passed by the 14^th National Assembly of the Socialist Republic of Vietnam on November 20, 2019;

Pursuant to the Government’s Decree No. 145/2020/ND-CP of December 14, 2020, detailing and guiding 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 of November 29, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

After reaching agreement with 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 on working time and rest time for workers performing jobs of special characteristics in the field of offshore oil and gas exploration and exploitation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides working time and rest time for workers performing jobs of special characteristics in the field of offshore oil and gas exploration and exploitation.

Article 2. Subjects of application

1. Subjects of application:

a/ Employers being enterprises, agencies, organizations and individuals that hire or employ workers in the field of offshore oil and gas exploration and exploitation;

b/ Workers working in the field of offshore oil and gas exploration and exploitation at offshore oil and gas structures.

2. This Circular does not apply to workers being crew members.

Article 3. Interpretation of terms

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

1. Offshore oil and gas structure means an independent structure or a combination of structures or a technological line in the following facilities: oil rigs, production platforms, platforms for oil and gas processing, treatment and distribution, auxiliary platforms, water injection platforms, oil and gas service vessels, storages, floating storages, pipeline systems, and combinations of related means, machinery and equipment, and facility structures that are manufactured, constructed, buried and installed permanently or temporarily in Vietnam’s maritime zones.

2. Work session means a working period of a worker which is calculated consecutively from the time he/she shows up at, to the time he/she leaves, an offshore oil and gas structure, exclusive of the travel time.

3. Work 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 such 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 working at offshore oil and gas structures shall work according to work sessions and work shifts under the following provisions:

a/ A work shift lasts no more than 12 hours per day.

b/ A work session lasts no more than 28 days.

Article 5. Working time for part-time workers

1. Standard working time

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

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 of leave for a worker as specified in the Labor Code.

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

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

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

The number of days of leave in 2023 as specified 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:

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

The number of his days of leave in 2023 in the company as specified in the Labor Code and Article 66 of the Government’s Decree No. 145/2020/ND-CP is:

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:             

2. Part-time workers at offshore oil and gas structures shall work according to work sessions and work shifts under the following provisions:

a/ A work shift lasts no more than 12 hours per day.

b/ A work session lasts no more than 45 days.

3. An employer shall agree in writing or reach consensus with a worker on work shift and work session before assigning him/her to work on a part-time basis at the offshore oil and gas structure.

4. When not working at offshore oil and gas structures, part-time workers are entitled to rostered days off under Clause 4, Article 8 of this Decree, or shall perform 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 specified in Clause 1 of this Article.

Article 6. Overtime work

1. Working time beyond work shifts or work sessions specified in Clause 1, Article 4 of this Circular for full-time workers shall be regarded as overtime. Working time beyond work shifts or work sessions specified in Clause 2, Article 5 or working time exceeding the number of per-annum standard working hours specified in Clause 1, Article 5 of this Circular for part-time workers shall be regarded as overtime.

2. The total number of per-diem working hours and overtime hours for a worker must not exceed 14; the number of per-annum overtime hours for a worker must not exceed 300.

3. The organization of overtime work must be agreed upon by workers and comply with Articles 59 and 62 of the Government’s Decree No. 145/2020/ND-CP of December 14, 2020, detailing and guiding 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 rostered days off for workers in proportion to the overtime time in rest time between work sessions. In case it is impossible to arrange rostered days off for workers, employers shall pay salaries and overtime allowances to the workers in accordance with law.

Section 2

REST TIME

Article 8. Rest time

1. After each work shift, a worker shall be arranged a rest of at least 10 consecutive hours before starting a new work shift.

2. An employer shall arrange breaks of a work shift which are included in the working time, provided that the total time of such breaks must be at least 60 minutes, and that each break must last at least 30 consecutive minutes or at least 45 consecutive minutes for night-shift workers.

3. In addition to breaks in a work shift, after each work session, a full-time worker shall be arranged a consecutive leave equal to the number of working days in the previous work session.

4. A part-time worker shall be arranged a leave as suitable to working conditions, specifically as follows:

a/ If he/she works at an offshore oil and gas structure during weekdays: For 1 working day at the offshore oil and gas structure, he/she shall be arranged a half rostered working day off;

b/ If he/she works at an offshore oil and gas structure during weekends: For 1 working day at the offshore oil and gas structure, he/she shall be arranged 1 rostered working day off;

c/ If he/she works at an offshore oil and gas structure during public holidays: For 1 working day at the offshore oil and gas structure, he/she shall be arranged 2 working days off.

Article 9. Annual leave

Workers are entitled to annual leave in addition to a rest between work sessions under Articles 113 and 114 of the Labor Code. In case an employer cannot arrange an annual leave for a worker, the employer shall reach agreement with that worker on the latter’s annual leave during the rest time between work sessions.

Article 10. Public holidays; personal leave; unpaid leave

1. Workers are entitled to take leave on public holidays; and take personal leave and unpaid leave under Articles 112 and 115 of the Labor Code.

2. If a public holiday falls on a worker’s work session, he/she is entitled to overtime pay in accordance with law.

Chapter III

IMPLEMENTATION PROVISIONS

Article 11. Responsibilities of employers

1. To specify work shifts and work sessions of workers in the internal working regulations and notify such to workers before they start working in accordance with law.

2. To report on the implementation of this Circular to the Ministry of Industry and Trade before January 15 every year and make extraordinary reports at the request of competent agencies.

Article 12. Effect

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

This Circular replaces the Minister of Industry and Trade’s Circular No. 24/2015/TT-BCT of July 31, 2015, on working time and rest time for workers performing jobs of special characteristics in the field of offshore oil and gas exploration and exploitation.

2. The Organization and Personnel Department shall supervise and inspect 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 its competence.-

For the Minister of Industry and Trade
Deputy Minister
NGUYEN SINH NHAT TAN