Breaks are counted in working hours

Mon, 26 Dec 2022 13:43:00  |  Print  |  Email   Share:

Clause 2, Article 109 of the Labor Code stipulates that, in addition to the rest period specified in Clause 1 of this Article, the employer shall arrange breaks for the employee and record them in the labor regulations. Mr. Pham Phu Luan asked, how many breaks during the working day, how many minutes per each break and is it included in the working time?

In this regard, the Ministry of Labor, War Invalids and Social Affairs replied as follows:

Labor law does not specify how many minutes and how many breaks a day.

Article 58 of Decree No. 145/2020/ND-CP dated December 14, 2020 stipulates cases in which breaks are counted into paid working hours:

"1. Breaking between hours specified in Clause 2, Article 64 of this Decree.

2. Take breaks according to the nature of the work.

3. Necessary rest in the working process has been included in the labor norm for the natural physiological needs of humans.

4. Time off for female employees when pregnant or raising children under 12 months old, during menstruation as prescribed in Clauses 2 and 4, Article 137 of the Labor Code.

5. The time to stop working is not due to the fault of the employee.

6. Meeting, studying and training time is at the request of the employer or agreed by the employer.

7. The duration of the time when the apprentice, apprentice directly involves or participates in labor is specified in Clause 5, Article 61 of the Labor Code.

8. The time the employee is a member of the management board of the employee representative organization at the establishment is used to perform the tasks specified in Clauses 2 and 3, Article 176 of the Labor Code. 

9. Time for medical examination, examination for occupational disease, medical assessment to determine the degree of working capacity decrease due to occupational accident or occupational disease, if such time is carried out according to the arrangement. or at the request of the employer.

10. Time for military service registration, medical examination and examination, if such time is entitled to full salary according to the provisions of the law on military service".



By: According to Translator: LeAnh-Bizic


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