Time is counted as hours of paid work according to the Labor Code 2019
Mid-hour breaks are counted into working hours when working in continuous shifts;
Take breaks according to the nature of the job;
Rest required during labor included in the labor norm for human physiological needs;
Take a 60-minute break every day for a female employee nursing a child under 12 months old;
Take a 30-minute break every day for female employees during menstruation;
The time to stop working is not due to the employee’s fault;
Training time for labor safety and hygiene;
Time of meeting, study, training is at the request of the employer or agreed by the employer;
Time for meetings, study and training sessions by the superior trade union summons part-time trade union officers according to the law provisions on trade union;
The duration of the employee’s health check-up and occupational disease check-up according to the provisions of law.
Time is considered the working time of the employee to calculate the number of annual leave days according to the Labor Code 2019
Apprenticeship period, if the employee continues to work for the employer after finishing the apprenticeship period.
The probationary period, if the employee continues to work for the employer under the labor contract after finishing the probation period.
Separate paid leave time according to Clause 1, Article 115 of the Labor Code 2019
The period of unpaid leave, if agreed by the employer, must not exceed 01 month.
The time of suspicion of labor accident or occupational disease but the cumulative time must not exceed 6 months.
The time off due to sickness but the cumulative time must not exceed 02 months.
The period of leave to enjoy the maternity benefits in accordance with the law on social insurance
Time off for union activities which is counted as working time in accordance with the law on trade union.
The time to stop working or resign is not due to the employee’s fault. Time off because of work suspension but not subject to labor discipline.
Time of being held in custody or temporary detention but being allowed to return to work due to conclusions of competent state agencies
Register Labor regulations
Enterprises with 10 or more employees must issue the Labor regulations in accordance with the law with the labor-specialized agency of the provincial People’s Committee or the labor-specialized agency under the district-level People’s Committee (authorized by the labor-specialized agency of the provincial People’s Committee). On the basis of the Labor Code 2019, the Ministry of Labor, Invalids and Social Affairs issued Decision 338 / QD-LĐTBXH dated March 17, 2021 providing the procedures for registration of the Labor regulations as follows:
Step 1: Submit the application to the specialized agency
Within 10 days from the date of issuance of the Labor regulations, the employer shall submit 01 set of dossier to the specialized agency where the employer has registered his business.
• Written request for registration of the Labor Regulation;
• Labor regulations;
• Written comments of the organization representing employees at the grassroots about where there is a representative organization for employees at the grassroots level;
• Documents of the employer that have provisions related to labor discipline and material liability (if any).
Process of submitting dossier:
• Submit through the specialist agency’s online Public Service Portal
• Submit directly to the specialized agency
• Submit the application by mail to the specialized agency.
Step 2: Handling dossier
Within 7 working days from the date of receipt of the dossier for registration of the Labor Regulation, if detecting that the Labor Regulation contains illegal provisions, the specialized agency shall notify and guide the employer. amending, supplementing and re-registering the Labor Regulation.
Your company needs advice and implementation of the provisions of the Labor Code 2019; or any other need for legal advice, real estate consulting please contact us directly:
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