Instructions on working hours, rest hours
Accordingly, continuous work shifts must have at least a 30-minute break for day shifts and a 45-minute break for night shifts.
According to the guidance of the Ministry of Labor, War Invalids and Social Affairs, current laws only stipulate limits on working hours, not the starting time of a shift. The starting time of a shift is determined by the enterprise in its internal labor regulations.
The Ministry of Labor, War Invalids and Social Affairs guides the Hai Phong Economic Zone Trade Union (Hai Phong City) on working hours and rest hours for employees as follows:
The term “8-hour continuous work” is understood as working for 8 consecutive hours in terms of time (including break time during the shift which is counted as working hours).
According to the provisions of Clause 1, Article 5 of Decree No. 45/2013/ND-CP dated May 10, 2013 of the Government detailing a number of articles of the Labor Code on working hours, rest hours and occupational safety and hygiene, breaks during working hours are applied when organizing work in continuous shifts (3 shifts, each shift is 8 hours; 4 shifts, each shift is 6 hours).
Regarding the start and end times of the morning and afternoon shifts: Current law only regulates the limit of working hours, not the start time of the shift. The start time of the shift is stipulated by the enterprise in the labor regulations.
Regarding the specific case of the Company, the Company arranged the new production shift into 2 shifts: Shift 1 from 6:00 to 15:00, Shift 2 from 11:00 to 20:00, a 1-hour break not counted as working hours is in accordance with the provisions of the 2012 Labor Code.
Current law does not stipulate that lunch breaks should be counted as working hours, but only stipulates that during a continuous work shift there must be at least a 30-minute break for the day shift and a 45-minute break for the night shift. This break is counted as working hours./.
According to Chinhphu.vn