Regulations on breaks during working hours of workers

Reply:

Breaks during working hours are regulated in Article 109 of the 2019 Labor Code. Accordingly:

1. Employees working according to the working hours prescribed in Article 105 of this Code for 6 hours or more in a day shall be entitled to a break of at least 30 consecutive minutes; employees working at night shall be entitled to a break of at least 45 consecutive minutes.

Caseworkers workingFor shifts of 6 hours or more continuously, the break time is counted as working hours.

2. In addition to the break time prescribed in Clause 1 of this Article, the employer shall arrange breaks for employees and record them in the labor regulations.

Workers need to know that when working shifts of 6 hours or more continuously, break time is counted as working hours. Illustration: Diep Thanh

Article 64 of Decree 145/2020/ND-CP provides details on breaks during working hours as follows:

1. The break time of at least 45 consecutive minutes as prescribed in Clause 1, Article 109 of the Labor Code is applied to employees who work 6 hours or more in a day, including at least 3 hours of work during the night working hours prescribed in Article 106 of the Labor Code.

2. Break time is counted as working hours in the case of continuous shift work as prescribed in Clause 3, Article 63 of this Decree for at least 30 minutes, and in the case of night work, it is counted as at least 45 minutes.

3. The employer decides the time of breaks during working hours, but may not arrange this break time at the beginning or end of a shift.

4. In addition to the case of continuous shift work as prescribed in Clause 3, Article 63 of this Decree, the parties are encouraged to:negotiateBreak time is counted as working hours.