Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

Article 2 of the Convention. Scope of application. The Committee 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 section 80 of the Labour Code. The Committee requests the Government again to supply texts of relevant circulars, decrees and regulations dealing with special categories of workers.

Articles 2 and 4. Exceptions to weekly rest. The Committee reminds the Government that it is for the Government to authorize total or partial exceptions under Article 4, and this only after consultation with the employers’ and workers’ organizations, special regard being had to all proper humanitarian and economic considerations. The provision of a weekly rest as prescribed in Article 2 is an elementary guarantee to safeguard the health and welfare of workers and protect them against the risk of abuse.

Special weekly rest scheme. The Committee notes the Government’s statement that the exception provided for in section 72(3) of the Labour Code is, in practice, applied in a manner allowed under Article 4, paragraph 1. The Committee remains concerned with the general wording of section 72(3). There remains a potential for abuse as it allows enterprises to have special weekly rest schemes which do not necessarily meet the criteria set out in Article 4, paragraph 1. Having regard to its previous comments under Article 4, the Committee asks the Government to bring the national legislation into 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.

Work on a weekly rest day. Section 72(1) of the Labour Code allows work on a weekly rest day to be stipulated by collective agreements. The Committee, once again, requests the Government to supply copies of collective agreements of workers in industrial undertakings, which include provisions on the weekly rest.

Article 5. Compensatory period of rest. 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 Article 2 and Article 4, paragraph 2 about work on a weekly rest day, the Committee once again requests the Government to provide 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 V of the report form. The Committee repeats its request to 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.