The Ministry of Industry and Trade has issued Circular 12/2022/TT-BCT, effective from September 9, 2022, regulating working hours and rest time for employees who operate, maintain, and repair gas distribution pipeline systems and gas works.
The subjects to apply the new regulations on working hours in Circular 12/2022/TT-BCT are employees who operate, maintain, and repair gas distribution pipelines and gas works.
According to this circular, employees work in the operation, maintenance, and repair of gas distribution pipeline systems and works work in shifts and sessions. Particularly, a working shift must not last more than 12 hours in a day; the maximum working session is 07 days.
The working time at the employee's workplace will include both direct working time and rest time during working hours. It means that the maximum of 12 hours in a shift of the employee operating gas works also includes the rest time during working hours.
Photo 1: 12 hours is the maximum working time of the workers operating gas works during the day _ Hotline: 0972118764
The above provisions in Circular 12/2022/TT-BCT are consistent with the provisions of the Labor Code 2019. Specifically, this Code stipulates that employees working by working hours from 06 hours or more in a day are entitled to at least 30 consecutive minutes of rest, and at night, they are entitled to at least consecutive 45 minutes of rest between hours. In case the employee works a continuous shift of 06 hours or more, the break between hours is counted in the working hours.
The time the employee works outside the shift or the working session is considered overtime. Circular 12/2022/TT-BCT clearly stated that the working hours of the change and the overtime hours of the employees operating the gas works must not exceed 12 hours in a day and the overtime hours must not exceed 300 hours in a year. The organization of overtime must be agreed upon by the employee. Employers who organize overtime work from 200 hours to 300 hours in a year must notify the organization of overtime work to the Ministry of Labor, War Invalids, and Social Affairs, where the head office or employer is located.
Photo 2: 12 hours is the maximum working time of the worker operating gas works during the day_ Hotline: 0972118764
Cases of organizing special overtime where the employer has the right to require the employee to work overtime on any day without limitation on the number of overtime hours (not exceeding 300 days in a year) and the employee is not allowed to refuse include:
Firstly, organizing overtime to carry out mobilization, to ensure national defense and security tasks as prescribed by law;
Secondly, working overtime to perform tasks to protect human lives and properties of agencies, organizations, and individuals in preventing and overcoming the consequences of natural disasters, fires, and dangerous epidemics, unless there is a risk of affecting the life and health of workers following the provisions of the law on occupational safety and sanitation.
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