Thông tư 31/2017/TT-BNNPTNT về thời giờ làm việc, nghỉ ngơi trong lĩnh vực phòng chống thiên tai

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Circular No.31/2017/TT-BNNPTNT dated  December 29, 2017 of the Ministry of Agriculture and Rural Development providing for working hours and rest hours of employees performing extraordinary jobs in disaster preparedness

Pursuant to the Government’s Decree No.15/2017/ND-CP dated February 17, 2017 defining the Functions, Tasks, Powers and Organizational Structure of Ministry of Agriculture and Rural Development;

Pursuant to Article 117 of the Labor Code No. 10/2012/QH13 dated June 18, 2012;

Pursuant to the Law on Disaster Preparedness and Response No. 33/2013/QH13 dated June 19, 2013;

Pursuant to the Government’s Decree No. 66/2014/ND-CP dated July 04, 2014 detailing and guiding the implementation of the Law on Disaster Preparedness and Response;

At the request of the General Director of the Vietnam Disaster Management Authority;

Minister of Agriculture and Rural Development promulgates a Circular to provider for working hours and rest hours of employees performing extraordinary jobs in disaster preparedness;

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Circular provides for working hours and rest hours of employees performing extraordinary jobs in disaster preparedness.

Article 2. Subject of application

1. Authorities and organizations in charge of disaster preparedness, search and rescue that employ or mobilize officials, public employees and workers who receive salaries from state budget (hereinafter referred to as “employees”) to perform extraordinary jobs in the field of disaster preparedness.

2. Employees performing extraordinary jobs in disaster preparedness at Standing Office of the Central Steering Committee for Natural Disaster Prevention and Control, Offices of Steering Committees for Disaster Preparedness, Search and Rescue or Standing Authorities for Disaster Preparedness, Search and Rescue affiliated to ministries, Offices of Steering Committees for Disaster Preparedness, Search and Rescue of provinces or districts, and standing divisions of Steering Committees for Disaster Preparedness, Search and Rescue of communes (hereinafter referred to as “Offices”) or at disaster-affected areas.

3. This Circular does not apply to authorities and individuals affiliated to the people’s armed forces, including the People’s Army, the People’s Public Security, the Militia and employees who do not receive salaries from state budget.

Article 3. Definition

1. "extraordinary jobs in the field of disaster preparedness” refers to jobs that require employees to provide 24/7 coverage so as to protect human life and property of authorities, organizations and individuals in course of disaster preparedness, response and recovery.

Chapter II

WORKING HOURS

Article 4. Working hours

1. The standard working hours for employees performing extraordinary jobs in the field of disaster preparedness are 08 hours a day and 40 hours a week.

2. The working hours exceed the standard working hours prescribed in Clause 1 Article 4 herein shall be considered to be overtime.

3. The overtime limits of an employee shall be 4 hours in a work day and 300 hours in a work year.

Article 5. Standing regimes

1. Authorities and organizations in charge of disaster preparedness, search and rescue are required to provide 24/7 coverage. To be specific:

a) Monitor and update information about disaster events, and perform disaster preparedness and response operations.

b) Instruct the implementation of measures for disaster response and recovery.

2. Works of standing teams must be organized closely and timely so as to perform the duties prescribed in Clause 1 Article 5 herein.

3. A standing team must include at least 03 employees to provide 24/7 coverage. In case of complicated disaster, the head of the authority in charge of disaster preparedness, search and rescue may mobilize personnel to participate standing teams.

4. Based on the reality and personnel of the Office, the authority in charge of disaster preparedness, search and rescue shall promulgate regulations on organization of standing teams, which specify working hours, number of members of each standing team and duties, etc. and disseminate the regulations to employees.

Chapter III

REST HOURS

Article 6. Off-duty rest

1. An employee who works on duty under the 24/7 standing operation is entitled to take rest and receive unchanged salary as follows:

a) Working on duty on normal days: take one day off after the spell of duty.

b) Working on duty on weekly days off or public holidays: take two days off after the spell of duty.

2. If an employee may not take off-duty rest because of requirements of extraordinary jobs in the field of disaster preparedness, search and rescue, the head of the authority in charge of disaster preparedness, search and rescue must pay for overtime to that employee in corresponding with the hours in excess of the following normal working hours:

a) On normal days: corresponding working hours overtime shall be 12 hours.

b) On weekly days off or public holidays: corresponding working hours overtime shall be 24 hours.
3. Total working hours in the cases prescribed in Clause 2 Article 6 herein shall not be included in total working hours overtime in year.

Article 7. Rest hours

1. When working according to the 24/7 operating schedule at the Office, an employee must have a break of at least 45 minutes on a day shift and 60 minutes on a night shift. When taking breaks, employees are not allowed to leave their standing positions.

2. Authorities and organizations in charge of disaster preparedness, search and rescue that employ or mobilize employees to work under the 24/7 schedule must make arrangements to ensure that employees shall have meals and rest at working places in accordance with applicable policies and regulations.

3. Expenditures for standing works as well as meals and rest time at working places of employees shall be covered by budget for recurrent expenditures and other sources of funding for the tasks of disaster preparedness, search and rescue of authorities and organizations in charge of disaster preparedness, search and rescue.

Article 8. Weekly days off and public holidays

1. Employees performing extraordinary jobs in the field of disaster preparedness may take weekly days off, and be off on public holidays and other paid days off as regulated by the Labor Code and its instructional documents.

2. If employees may not take weekly days off because of special requirements in the disaster preparedness, the head of the authority in charge of disaster preparedness, search and rescue must make arrangements to ensure that an employee shall take at least four days off every month.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 9. Implementation organization

1. Vietnam Disaster Management Authority shall take charge and cooperate with relevant agencies and units to instruct, expedite and supervise the implementation of regulations herein nationwide.

2. People’s Committees of provinces or central-affiliated cities shall instruct Provincial Departments of Agriculture and Rural Development, Provincial Departments of Labor, War Invalids and Social Affairs, Provincial Departments of Finance and relevant provincial agencies, and Steering Committees for Disaster Preparedness, Search and Rescue at all levels to organize and inspect the implementation of regulations herein by agencies and units under their management.

3. The Standing Office of the Central Steering Committee for Natural Disaster Prevention and Control; Offices of Steering Committees for Disaster Preparedness, Search and Rescue or Standing Authorities for Disaster Preparedness, Search and Rescue affiliated to ministries; Offices of Steering Committees for Disaster Preparedness, Search and Rescue of Communes, and relevant authorities, organizations and individuals shall be responsible for implementing this Circular.

Article 10. Effect

1. This Circular takes effect on February 20, 2018.

2. Any difficulties arising in the course of implementation of this Circular should be reported to the Ministry of Agriculture and Rural Development for consideration./.

For the Minister

The Deputy Minister

Hoang Van Thang