Total of extra working hours of seasonal laborer shall not exceed 300 hours

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Total of extra working hours in a year of each laborer shall not exceed 300 hours is the important content prescribed at the Circular No. 54/2015/TT-BLDTBXH dated December 16, 2015 of the Ministry of Labor, War Invalids and Social Affairs guiding the working hours, rest hours applicable to employees on seasonal production work and processing of goods under orders, takes effect on February 10, 2016.

Also in accordance with this Circular, the total maximum number of standard working hours and extra working hours in a week is 64; or 48, for laborers doing extremely hard, hazardous and dangerous jobs. The total maximum number of extra working hours in a month is 32; or 24, for laborers doing extremely hard, hazardous and dangerous jobs. The employer shall apply either maximum weekly standard working hours and extra working hours or maximum monthly extra working hours, and then record it into a plan for annual working hours and rest hours. If the employer decides to apply the maximum monthly extra working hours prescribed in Point b of this Clause, the total of weekly standard working hours shall do not exceed 56 hours; or 42 hours, laborers doing extremely hard, hazardous and dangerous jobs.

On rest hours, laborers are entitled to at least one day off (24 consecutive hours) a week. In seasonal-work months or when export goods must be urgently processed under orders, if weekly days off cannot be arranged, the employer shall arrange at least 4 days off every month for laborers. During-shift and between-shift breaks for laborers comply with the provisions of the Labor Code. For laborers working 10 or more hours a day, the employer shall allow them to have at least extra 30 minutes off included in working hours besides rest hours during normal working shifts. Enterprises shall allow laborers to take all official holidays, annual leave days and other paid days off or other days off in compensation as prescribed in the Labor Code.

This Circular replaces the Circular No. 33/2011/TT-BLDTBXH dated November 18, 2011.

 

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