10 Times Employees Are Paid for Non-Work Time

Oct 14, 2024

HR & Payroll

10 Times Employees Are Paid for Non-Work Time

Article 58 of Decree No. 145/2020/ND-CP outlines when employees are not working but the time still counts as paid working hours:

Table of Contents

1. Rest Breaks for Continuous Shift Work

Breaks in the middle of working time specified in Clause 2, Article 64 of this Decree.

Clause 2, Article 64 of Decree 145/2020/ND-CP states that employees who work continuous shifts are entitled to paid rest breaks. For shifts lasting six hours or more, the minimum break is 30 minutes. For night shifts, the break increases to 45 minutes.
Clause 3, Article 63 defines the conditions for counting these breaks as paid time. The employee must work for at least six hours, and the gap between two consecutive shifts must not exceed 45 minutes.

2. Breaks Based on the Nature of the Work

Employees may take short breaks due to the demands of their job. These breaks are also counted as paid working time.

3. Necessary Breaks for Physiological Needs

The employer must factor in time for natural physiological needs, as determined in labor standards. This time is considered part of the paid working hours.

4. Breaks for Pregnant and Nursing Female Employees

Pregnant or nursing female employees, as well as those during menstruation, are entitled to specific breaks.

Clause 2, Article 137 of the Labor Code allows pregnant employees in hazardous jobs to switch to safer work or reduce their workday by one hour. This reduction lasts until the child reaches 12 months, without a cut in wages or benefits.
Clause 4, Article 137 gives female employees 30 minutes of rest per day during menstruation and 60 minutes per day while nursing a child under 12 months. These breaks are fully paid according to their labor contracts.

5. Work Stoppages Due to No Fault of the Employee

If an employee must stop working through no fault of their own, this time is counted as paid.

6. Time Spent in Meetings or Training

Any time the employer requires an employee to attend meetings, training, or drills is counted as paid working hours.

7. Time for Apprentices Engaged in Direct Labor

Clause 5, Article 61 of the Labor Code states that if an apprentice or trainee engages in direct labor during training, the employer must pay them. Both parties will agree on the wage.

8. Time for Labor Representatives to Perform Duties

Members of the labor representative organization’s executive board have time to perform their duties as set out in Clauses 2 and 3 of Article 176 of the Labor Code.

Clause 2 of Article 176 requires the employer to allocate a minimum amount of time for all board members based on the organization’s size.
Clause 3 allows the employer and the organization to negotiate additional time for duties.

9. Time for Medical Examinations and Occupational Health Assessments

If the employer arranges or requests a medical exam, occupational disease screening, or health assessment due to a work accident, this time counts as paid.

10. Time for Military Service Health Checks

Employees who undergo health checks for military service, as required by law, are paid for this time.

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Legal Disclaimer: The information provided is for general informational purposes only and does not constitute legal advice. For specific legal advice on compliance in Vietnam, schedule a consultation with NetViet or consult legal counsel.

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