Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Viet Nam (Ratification: 1994)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

  Article 1 of the Convention.  The Committee notes that, according to the Government’s report, the legislative provisions on working hours and periods of rest apply to the categories of workers listed in section 1 of Decree No. 195/CP of 31 December 1994. It asks the Government to provide information on the arrangements made under section 12 of the Decree with regard to "jobs of a special nature".

  Article 2.  In the Committee’s view, the general terms in which section 72, paragraph 3, of the Labour Code is drafted could lead to abuses in practice in that they allow enterprises to have special weekly rest schemes which do not necessarily meet the criteria set out in Article 4, paragraph 1, of the Convention. The Committee therefore asks the Government to indicate the measures taken or envisaged to bring the national legislation into full conformity with the provisions of the Convention.

  Article 4.  In its 1964 survey of national law and practice regarding weekly rest in industry, commerce and offices, the Committee stated that the power to make persons subject to weekly rest schemes constituting an exception to the general scheme was not unlimited. In determining special schemes regard must be paid to humanitarian and economic considerations. Moreover, exceptions should be authorized only after consultation with representative associations of employers and workers, wherever such exist. All these factors help implicitly to restrict the introduction of special weekly rest schemes to what is strictly necessary. In the light of the foregoing, the Government is asked to indicate the total or partial exceptions which are authorized and the procedures adopted for consultation of representative associations of employers and workers.

  Article 7.  The Government is requested to indicate the provisions of laws or regulations which give effect to this Article. Please also send copies of standard notices and rosters.