Thông tư 31/2007/TT-BKHCN

CIRCULAR

GUIDING THE IMPLEMENTATION OF REGIME OF WORKING AND REST TIME FOR LABORERS PERFORMING RADIATION AND NUCLEAR WORK

Pursuant to the Labor Law 2006 amended and supplemented in 2006;

Pursuant to the Government’s Decree No. 195/CP dated December 31, 1994 of the “detailing and guiding the implementation of a number of articles of the Labor Law on working and rest time" and Government’s Decree No.109/2002/ND-CP dated December 27, 2002 amending and supplementing a number of articles of Government’s Decree No. 195/CP dated December 31,1994;

Pursuant to the Government's Decree No. 54/2003/ND-CP dated May 19, 2003 stipulating the functions, tasks, powers and organizational structure of the Ministry of Science and Technology and Decree No. 28/2004/ ND-CP dated January 16, 2004 of the Government amending and supplementing a number of articles of the Government’s Decree No. 54/2003/ND-CP dated May 19, 2003;

Pursuant to Decree No. 50/1998/ND-CP of the Government dated July 25,1998 detailing the implementation of the Ordinance on safety and control of radiation;

After obtaining the consent of the Ministry of Labor, War Invalids and Social Affairs in Document No. 4668/LDTBXH-ATLD dated December 10, 2007, the Ministry of Science and Technology has regulated the regime of working and rest time for laborers performing radiation and nuclear work as follows:

I. GENERAL REGULATION

1. Subject and scope of application

This Circular regulates the regime of working and rest time for laborers performing radiation and nuclear work (hereinafter referred to as radiation workers) in agencies, enterprises and organizations (hereinafter referred to as the units) specified in Article 1 of Government’s Decree No. 109/2002/ND-CP dated December 27, 2002.

2. Principle of application

a) This Circular only regulates the regime of working and rest time for radiation workers performing trade and work specified in the Appendix issued together with this Circular.

b) In applying regulations on working and rest time for radiation workers under the provisions of this Circular, the units shall use the laborers and the laborers themselves, in any case still must ensure the principle of the dose limit for radiation workers and other laws on the control and safety of nuclear and radiation.

c) Radiation workers if working directly with radiation equipment or radioactive sources are shortened their working hours.

d) The regulation on the shortened working time depends on the level affected by ionizing radiation caused to the radiation workers.

II. WORKING AND REST TIME

1. Working time

a) Daily working time is shortened 02 hours for radiation workers performing trade and work specified in Group 1 of the Appendix issued together with this Circular.

The trade and work specified in Group 1 of the Appendix issued together with this Circular are the ones affected by high ionizing radiation due to work directly with open radioactive source, radioactive source and high intense radiation equipment.

b) Daily working time is shortened 01 hour for radiation workers performing trade and work concerning radiation and nuclear specified in Group 2 of the Appendix issued together with this Circular.

c) Radiation workers are not allowed to work overtime. In special cases (such as troubleshooting, serious accident), the employer may mobilize radiation workers to work overtime, but no more than 3 hours a day.

2. Rest time

a) Radiation workers in addition to the shortened working hour specified at Point a and b, Clause 1, Section II of this Circular shall have a right to take at least 30 minutes if working during the day and 45 minutes if working at night included in the working hours.

b) In case the radiation workers are required to work overtime from 02 hours or more a day, they must have the time to take a rest at least 30 minutes included in the overtime.

c) The number of annual leave days of radiation workers is calculated as follows:

- Radiation workers performing the trade and work concerning radiation and nuclear of Group 1 of the Appendix issued together with this Circular are entitled have annual leave of 16 working days.

- Radiation workers performing the trade and work concerning radiation and nuclear of Group 2 of the Appendix issued together with this Circular are entitled have annual leave of 14 working days.

III. IMPLEMENTATION ORGANIZATION

1. Responsibilities of the employer

a) Organizing the implementation of this Circular;

b) Disseminating regulation on working and rest time to for radiation workers and recording this content into the labor contract, labor regulation or collective labor agreement (if any);

c) In addition to the implementation of the provisions of this Circular, comply with the provisions of the current regulations of law on ban or restricted use of juvenile workers, elderly workers, female workers and disabled workers.

2. This Circular takes effect after 15 days from the date of publication in the Official Gazette. Any difficulty arising in the course of implementation should be promptly reported to the Ministry of Science and Technology for study and settlement. /.

APPENDIX

TRADE AND WORK CONCERNING RADIATION AND NUCLEAR
(Issued together with Circular No. 31/2007/TT-KHCN dated December 31, 2007 of the Ministry of Science and Technology guiding the implementation of the regime of working and rest time for laborers performing radiation and nuclear work)