VI In the modern labor environment, alongside working hours, rest periods are a key factor that directly impacts not only employee health, recovery, and productivity but also serves as a fundamental aspect of human rights protected by law. Understanding what rest periods are and the relevant legal regulations is essential for businesses to ensure compliance and for employees to protect their legitimate interests. Vietnamese law has established specific and detailed regulations to balance the interests of both employers and employees. Let’s explore the definitions and regulations of Vietnamese law regarding rest periods with Pham Consult.
I. What is Rest Period?
Currently, the Labor Code 2019 and its guiding documents do not provide a formal definition of “rest period.” However, it can be understood as the duration during which an employee is not required to perform their labor obligations within the labor relationship as prescribed by law, employment contracts, or collective bargaining agreements.
II. Vietnamese Legal Regulations on Employee Rest Periods
According to the Labor Code 2019, the rest period regime for employees includes:
– Breaks during working hours;
– Breaks between shifts;
– Weekly breaks;
– Public holidays and New Year holidays;
– Annual leave;
– Increased annual leave based on seniority;
– Personal leave and unpaid leave.
- Breaks during working hours
Governed by Article 109 of the Labor Code 2019, specifically:
– Employees working for 06 hours or more per day (as prescribed in Article 105) are entitled to a break of at least 30 consecutive minutes. For night work, the break must be at least 45 consecutive minutes.
– In cases where employees work continuous shifts of 06 hours or more, the mid-shift break is counted towards working hours.
In addition to the above, employers shall arrange other short breaks for employees and record them in the Internal Labor Regulations.
- Breaks between shifts
According to Article 110 of the Labor Code 2019, employees working in shifts are entitled to at least 12 hours of rest before switching to another shift.
- Weekly breaks
Each week, employees are entitled to at least 24 consecutive hours of rest. In special cases where weekly breaks are impossible due to the work cycle, the employer must ensure the employee averages at least 04 days off per month.
The employer has the right to schedule the weekly break on Sunday or another specific day of the week, but this must be documented in the Internal Labor Regulations.
If a weekly break coincides with a public holiday or New Year holiday, the employee is entitled to a compensatory break on the next working day.
- Public Holidays and New Year Holidays
Article 112 stipulates that employees are entitled to fully paid leave on the following holidays:
– Solar New Year: 01 day (January 1st).
– Lunar New Year (Tet): 05 days.
– Victory Day: 01 day (April 30th).
– International Labor Day: 01 day (May 1st).
– National Day: 02 days (September 2nd and the day immediately preceding or following).
– Hung Kings Commemoration Day: 01 day (the 10th day of the 3rd lunar month).
Foreign employees working in Vietnam are entitled to one additional day off for their traditional national New Year and one day for their country’s National Day, in addition to the holidays listed above.
Each year, based on actual conditions, the Prime Minister decides the specific dates for these holidays.
- Annual Leave
According to Article 113 of the Labor Code 2019, the annual leave regime is as follows:
– Employees with 12 months of service for one employer are entitled to fully paid annual leave as follows:
+ 12 working days for those working under normal conditions;
+ 14 working days for minor employees, employees with disabilities, or those doing heavy, hazardous, or dangerous work;
+ 16 working days for those doing extremely heavy, hazardous, or dangerous work.
– Employees with less than 12 months of service are entitled to annual leave proportional to their number of working months.
– In the event of termination or loss of employment, if the employee has not taken or has not fully used their annual leave, the employer must provide pay for the unused days.
Employers are responsible for establishing the annual leave schedule after consulting with employees and must notify them in advance. Employees may agree with the employer to take annual leave in installments or combine leave for up to a maximum of every three years.
When taking annual leave before the scheduled salary payment date, the employee is entitled to an advance payment of salary as prescribed in Clause 3, Article 101 of the Labor Code 2019.
When taking annual leave, if the employee travels by road, rail, or water, and the round-trip travel time exceeds 02 days, any travel time from the 3rd day onwards shall be added to the annual leave as extra travel time. This provision shall only apply to one leave period per year.
- Increased Annual Leave based on Seniority
According to Article 114, for every 05 full years of service for a single employer, the number of annual leave days shall be increased by 01 day.
- Personal Leave and Unpaid Leave
Article 115 stipulates that employees are entitled to fully paid personal leave but must notify the employer in the following cases:
– Marriage: 03 days off;
– Marriage of a biological or adopted child: 01 day off;
– Death of a biological/adoptive parent; spouse’s biological/adoptive parent; spouse; or biological/adopted child: 03 days off.
Employees are entitled to 01 day of unpaid leave (with notification to the employer) upon the death of a grandparent, sibling; or the marriage of a parent or sibling.
Additionally, employees may negotiate with the employer for further unpaid leave.
III. Rest Periods for Special Types of Work
- Occupations with specific rest period characteristics
According to Article 116 of the Labor Code and Article 68 of Decree No. 145/2020/NĐ-CP, special work includes:
– Transportation (road, rail, water, air).
– Offshore oil and gas exploration and extraction.
– Artistic and performance sectors.
– Work involving radiation, nuclear technology, or high-frequency waves.
– IT, IT technology, scientific research, and industrial design.
– Divers and underground miners.
– Seasonal production and processing per order.
– 24/24-hour standby duties.
– Disaster, fire, and epidemic prevention and control.
– Sports and physical education sectors.
– Production of drugs, vaccines, and biologicals.
– Operation and maintenance of gas distribution systems.
- Implementation
For the special occupations mentioned above, the relevant governing Ministries and sectors shall regulate specific working hours and rest periods after reaching an agreement with the Ministry of Home Affairs, ensuring compliance with Article 109 of the Labor Code 2019.
