Can the company be allowed to let disabled workers to work at night?
A reader who has email address as hahuyphanx @ xx emailed to the Office of Legal Advice of Lao Dong to ask: My company specializes in export garments and employs some disabled workers. There are times, companies have to organize overtime to promptly meet the needs of customers. Can we negotiate with disabled workers to increase overtime work?
Lawyer Nguyen Thi Trang, YouMe Law Firm answers:
Article 104 of the Labor Code 2012 provides for normal working hours as follows:
1. Normal working time must not exceed 8 hours per day or 48 hours per week.
2. An employer may determine the working time on an hourly, daily or weekly basis; in case of working on a weekly basis, the normal working time must not exceed 10 hours per day and not exceed 48 hours per week.
The State encourages employers to apply 40 working hours per week.
3. The working time must not exceed 6 hours per day for employees who perform extremely heavy, hazardous or dangerous jobs on a list issued by the Ministry of Labor, War Invalids and Social Affairs in coordination with the Ministry of Health.
Article 177 of the Labor Code 2012 provides for the employment of persons with disabilities as follows:
1. An employer shall ensure working conditions, working tools and occupational safety and hygiene suitable to disabled employees and take regular care for their health.
2. An employer shall consult disabled employees before deciding on matters involving their rights and interests.
Clause 1, Article 178 of the 2012 Labor Code provides for the prohibited acts when employing employees with disabilities as follows:
1. Employing a disabled person who has lost 51% or more of his/her working ability to work overtime and at night.
2. Employing a disabled person to perform a heavy or dangerous job or a job exposed to toxic substances on the list issued by the Ministry of Labor, War Invalids and Social Affairs in coordination with the Ministry of Health.
By: NGUYENTRANG(Labor News Papers)/ Translator: HaiYen-Bizic
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