Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the Government’s report.

Article 1 of the Convention. It notes that the Government has issued several regulations in accordance with section 12 of Decree No. 195/CP, which authorizes the relevant ministry to stipulate special regulations for jobs referred to in article 80 of the Labour Code. The Committee requests the Government to supply copies of the relevant regulations and to indicate how the application of the provisions of the Convention is ensured for workers in industrial undertakings.

Articles 2 and 4. The Convention provides that each Member may authorize total or partial exceptions (including suspensions or diminutions) from the provisions of Article 2, special regard being had to all proper humanitarian and economic considerations and after consultation with responsible associations of employers and workers, wherever such exist.

1. Special weekly rest scheme. The Committee notes the Government’s indication that section 73(3) of the Labour Code provides for a relevant exception of Article 4, paragraph 1. It must point out that this section contains no provisions required by Article 4 and that the general terms in which section 72(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. With regard to its previous comments under Article 4, the Committee asks the Government again to indicate the measures taken or envisaged to bring the national legislation into full conformity with the provisions of the Convention. It further requests the Government to indicate the total and partial exceptions made under Article 4 and to state the methods adopted for consulting the responsible associations of employers and workers.

2. Work on a weekly rest day. With reference to section 72(1) of the Labour Code the Committee notes that work on a weekly rest day may be stipulated by collective agreements in accordance with sections 44(ff) of the Labour Code. It requests the Government to supply copies of the relevant collective agreements for workers in industrial undertakings.

Article 5. Under this Article each Member shall make, as far as possible, provision for compensatory periods of rest for the suspensions or diminutions made in accordance with Article 4, except in cases where agreements or customs already provide for such periods. With reference to its comments under Articles 2 and 4(2) (work on a weekly rest day), the Committee requests the Government to give information on how compensatory periods of rest for any suspensions and diminutions made in accordance with Article 4 are ensured, especially by collective agreements.

Part III of the report form. With reference to section 191 of the Labour Code, the Committee requests the Government to indicate by what methods the application of the Convention is supervised and enforced. In particular please supply information on the organization and working of inspection.

Part V of the report form. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied, including extracts from the reports of the inspection services and information concerning the number of workers covered by the relevant legislation and the number and nature of the contraventions reported.