Managing Working Hours: What Should Businesses Comply With?

Working hours are an indispensable element in the regulations of each organization. This article will help you understand the importance of the company's working hours regulations and how to apply them correctly. This will create fairness, increase work efficiency and ensure compliance with labor laws.

1. The meaning of the company's working hours regulations

Working hours regulations help employees clearly understand their duties during the work process, based on the labor contract agreement. They also know their rights to rest, leave, or personal leave. This is demonstrated through:

  • The law limits the maximum number of working hours in a day: This regulation aims to ensure that employees are not overloaded with working hours, ensuring their health and safety.
  • The law limits the maximum number of working days in a week: This helps prevent workers from working too long, giving them the opportunity to rest and recuperate.
  • The law stipulates detailed rest hours during work: Breaks between shifts and breaks after work are important to ensure information absorption and energy recovery for workers.
  • The law distinguishes between regular working hours and overtime: This helps ensure fairness in calculating wages and benefits for workers.
  • Illegal labor regulations and rules will not be valid: Regulations that are contrary to the law will not be recognized and have value in labor disputes.

 

These regulations not only protect the rights and interests of workers but also create a fair and legal working environment for all parties involved.
 

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For office work, normal working hours do not exceed 8 hours/day.

2. The latest regulations on working hours of the company

2.1 Regulations on working hours of administrative workers

Official working hours are determined based on the agreement in the signed Labor Contract, however, administrative working hours must not exceed 8 hours per day and 48 hours per week for regular jobs.

For special, heavy, toxic, or dangerous jobs listed in the list issued by the Ministry of Labor - Invalids and Social Affairs in coordination with the Ministry of Health, administrative working hours must not exceed 6 hours per day. For example, jobs in special environments such as working in mines. Current regulations do not require lunch breaks to be counted in working hours.
2.2 Regulations on employees' working hours by shift
A working shift is defined as the period from when the employee starts working until the work is completed or handed over to another person, including breaks.

Article 105 of the Labor Code stipulates the maximum time for each working shift as follows:

  • For employees working by day, the working time in a shift shall not exceed 8 hours in a day and not exceed 48 hours in a week.
  • For employees working by week, the working time in a shift shall not exceed 10 hours in a day and not exceed 48 hours in a week.

However, in case the employee agrees to work overtime due to work requirements, the working time of the shift may be extended.
 

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In addition to daily breaks, employees are also entitled to holidays according to legal regulations.

2.3 How to organize work shifts according to new regulations

Based on Decree 145/2020 of the Government on guiding the implementation of a number of articles of the new Labor Code, in the case of organizing work shifts, employers must ensure the rotation of at least 2 people or 2 groups of people in the same job position. This means that employees must be given breaks and scheduled for at least 12 hours before moving to the next shift.

The new regulations also allow employers to decide on the break time between shifts. However, to ensure that employees have reasonable rest time during work, this regulation prohibits arranging breaks close to the start or end of the shift.

3. Rest Time Regulations

Regulations on rest time are an important part of the labor law, ensuring that workers have the opportunity to relax and recover during work. Here are some important points about rest time:

3.1 Break time during working hours:

Employees who work continuously for 08 hours or 06 hours as prescribed must have a break of at least 30 minutes, and this time is counted as working time. For night work, the break time is at least 45 minutes and is also counted as working time.

3.2 Special rest time for some cases:

  • Female workers with children under 12 months old are entitled to a break of at least 60 minutes every day.
  • Female workers during menstruation are entitled to a break of at least 30 minutes every day.
  • Elderly workers in the last year before retirement have their working hours shortened by at least 01 hour every day.

3.3 Rest time between shifts:

Shift workers must have at least 12 hours of rest before starting the next shift. This helps ensure that they have enough time to rest and recover before returning to work.

The above regulations aim to protect the health and development of workers, while creating a healthy and efficient working environment.

The company's working time regulations play an important role in ensuring the rights of all stakeholders and maintaining a work-life balance. Compliance with and understanding these regulations not only helps employees have a better working environment but also ensures the sustainable development of the business.

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