Rest hours under Labor Code in Vietnam

Nội dung bài viết

According to Article 104 of the Labor Code, the working hours shall not exceed eight hours per day or 48 hours per week.

The employer has the right to determine the working hours but in no time should the normal working hours exceed ten hours per day.

According to Article 108 of the Labor Code, the employee is entitled to a break of at least half an hour in between the eight hours of working hours and the same shall be included in the working hours.

The employer can also determine the time of the short breaks and record in the labor rule.

According to Article 109, the employee if working in shift is entitled to a break at least 12 hours before starting another shift.

As per Article 110, every employee shall be entitled to at least twenty four consecutive hours.

In special cases, due to the work cycle, if the employee cannot take weekly rest, then the employee is entitled to at least four days per month rest days on an average. The days of weekly rest can be Sunday or any other day in the week fixed by the employer and the same should be recorded in the Labor Rule.

Penalties for Violations

Article 14 of Decree 95/2013/ND-CP regulates that if the employer fails to grant workers sufficient rest breaks during work hours and between shifts, personal leaves and unpaid leaves as prescribed under law, then such employer shall be liable to a fine of from 2,000,000 VND to 5,000,000 VND.

Further if the employer violates any regulations on weekly rest, annual leave and holidays, then the employee is liable to fines, the amount varying with the number of workers;

a.     Fine from 500,000 VND to 1,000,000 VND, if the violation concerns 1 to10 workers;

b.     Fine from 1,000,000 VND to 3,000,000 VND, if the violation concerns 11 to 50 workers;

c.      Fine from 3,000,000 VND to 7,000,000 VND, if the violation concerns 51 to 100 workers;

d.     Fine from 7,000,000 VND to 10,000,000 VND if the violation concerns 101 to 300 workers;

e.      Fine from 10,000,000 VND to 15,000,000 VND if the violation concerns more than 301 workers.



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