Thông tư 04/2021/TT-BCT

CIRCULAR

ON WORKING HOURS AND RESTING HOURS OF WORKERS WORKING IN UNDERGROUND MINES

Pursuant to Article 116 of the Labor Code No. 45/2019/QH14 approved by National Assembly on November 20, 2019;

Pursuant to Article 68 of Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government on elaborating to the Labor Code regarding working conditions and working relationship;

Pursuant to Decree No. 98/2017/ND-CP dated August 18, 2017 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At request of Director of Department of Personnel and Organization after agreeing with Ministry of Labor – War Invalids and Social Affairs;

Minister of Industry and Trade promulgates Circular on working hours and resting hours of workers working in underground mines.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular prescribes working hours and resting hours of workers working in underground mines.

Article 2. Regulated entities

1. Regulated entities:

a. Employers that are organizations and individuals that hire, employ workers to work in coal mining, mineral mining via underground mines.

b. Workers working in underground mines.

2. This Circular does not apply to workers who work in underground mine sites but not work in underground mines.

Article 3. Term interpretation

In this Circular, terms below are construed as follows:

1. Working shifts of workers in underground mines refer to the period of time from the moment of receiving tasks at briefing booths until the moment of returning to industry yards on the surface after finishing work, including: time of receiving tasks, time of moving from briefing booths to production position and returning to industry yards on the surface (including the period in which workers move from mine opening to working positions assigned in the mines and vice versa) and working hours of workers at working positions in the mines.  

2. Working hours of workers in working positions in the mines refer to the period of time in which workers perform assigned tasks in working positions in the mines until they finish the tasks at working positions, and include break time during working hours.

3. Works in underground mines refer to all activities serving mining taken place from mine opening to working positions in the mines and vice versa.

Chapter II

WORKING HOURS AND BREAK TIME OF WORKERS WORKING IN UNDERGROUND MINES

Article 4. Working hours

1. A working shift of workers working in underground mines must not exceed 9.5 hours per day.

2. Working hours of workers working in working positions in underground mines must not exceed 7 hours per day and must not exceed 42 hours per week.

Article 5. Working overtime

1. Working overtime refers to the act of working beyond a working shift specified under Clause 1 Article 4 hereof.

2. Total working hours and overtime hour must not exceed 12 hours per day and must not exceed 300 hours per year.

3. Preparation for working overtime must receive consent of workers and comply with Article 59 and Article 62 of Decree No. 145/2020/ND-CP of the Government.

4. Preparation for working overtime in special cases shall conform to Article 108 of the Labor Code.

Article 6. Break during working hours

Breaks during working hours shall conform to Article 109 of the Labor Code.

Article 7. Breaks for changing shifts; weekly furlough; holiday and new year furlough; permit furlough and non-paid furlough

Comply with Article 110, Article 111, Article 112, Article 113, and Article 115 of the Labor Code.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of employers

1. Specifying working shifts, working hours, break time of jobs in underground mines under working regulations, and notifying workers as per the law.

2. On an annual basis, submitting reports to Ministry Of Industry And Trade before January 15 and submitting irregular reports at request of competent agencies regarding compliance with this Circular.

Article 9. Entry into force

1. This Circular comes into force from September 1, 2021.

2. Department of Personnel and Organization is responsible for supervising and examining compliance with this Circular.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration./.