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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 4(1) of the Convention. Exceptions to the weekly rest. Following its previous comments, the Committee notes that the Government indicates in its report that a new Labour Code was adopted in 2019 and will enter into force on 1 January 2021. It notes in particular that section 111(1) provides that: (i) each week an employee is entitled to a break of at least 24 consecutive hours; and (ii) where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least four days off per month. The Committee notes that this provision could allow workers to work without weekly rest for unspecified periods, as long as “on average”, they get four days off per month. It requests the Government to indicate how this provision is implemented in practice.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee notes that section 110 of the new Labour Code 2012, which came into effect on 1 May 2013, essentially reproduces section 72(3) of the Labour Code 1994, which provides that employees who perform work of a special nature and are deprived of their weekly rest day, must be ensured at least four days off in a month. Moreover, the Committee draws attention to section 106(2)(c) of the Labour Code 2012, which provides that after a period of a number of consecutive days of overtime work during one month, the employer must arrange for compensatory leave for the duration in which the employee has not taken leave. The Committee wishes to recall in this respect, that, according to the spirit of the Convention, workers should enjoy a minimum period of rest and leisure at reasonably short intervals. In this connection, it refers to Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which indicates that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. Finally, the Committee notes that under Chapter 2, section 4(3)(b), of Decree No. 45/2013/ND-CP of 5 October 2013, where compensatory rest periods are not available, overtime pay must be given as prescribed in section 97 of the Labour Code. The Committee wishes to recall that under Article 5 of the Convention, when workers are required to perform work on their day of rest, they should receive, as far as possible, compensatory rest regardless of any cash compensation, with a view to protecting their health and well-being. The Committee accordingly requests the Government to consider appropriate steps in order to ensure that the national legislation is fully aligned with the provisions of the Convention in this respect.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention.  Scope of application. Further to its previous comments on this point, the Committee notes that the Government’s report does not contain any further information on the regulations issued under section 12 of Decree No. 195/CP of 31 December 1994. In this respect, the Committee notes that the scope of application of the Decree and of section 12 were amended by Decree No. 109/2002/ND-CP of 27 December 2002, which empowers the ministries in the sectors concerned (such as transport, petroleum production, nuclear energy, marine exploitation) to determine the specific hours of work and rest periods of workers, following the conclusion of an agreement with the Ministry of Labour, War Invalids and Social Affairs. It also notes the reference made by the Government in its 2003 report to Circulars Nos 23/1998/TT-BGTVT of 8 February 1998 respecting the railways, 07/1998/TT-TCBD of 19 December 1998 respecting the postal services and 20/2001/TT-GTVT of 12 November 2001 respecting seafarers, which have not been made available to the Office. The Committee therefore once again requests the Government to provide copies of the respective circulars and of any other relevant text that may have been adopted in the meantime.

Articles 4 and 5. Total or partial exceptions. Compensatory rest. The Committee notes the Government’s indication that section 72(3) of the Labour Code, which provides that where, due to the nature of the work, it is impossible for the employees to have a weekly day off, the employer must ensure that the employees on average have at least four days off in a month, is applied in the exceptional cases envisaged in section 80 of the Labour Code and in Decree No. 109/2002/ND-CP, particularly in the case of seasonal work, the road and rail transport industries and offshore work. It further notes the Government’s statement that this provision ensures the flexibility that is necessary to adapt the legislation to production and business practices and the respect for workers’ rights, and that the Government does not therefore envisage its amendment. The Committee observes in this respect that, even if arrangements of this type are not in formal contravention of any of the provisions of the Convention, the postponement and accumulation of weekly rest days over a relatively long period is liable to render the weekly rest period meaningless and would be contrary to the spirit of the Convention. The Committee also notes the Government’s reference to collective agreements and accordingly requests it to provide copies of collective agreements containing clauses respecting the weekly rest period.

Part V of the report form. Application in practice. The Committee notes the statistical data provided by the Government showing that in 2006 one out of four enterprises inspected was in violation of the legislation respecting the weekly rest period. It requests the Government to continue providing general information on the manner in which the Convention is applied in practice including, for instance, extracts from reports of the labour inspectorate indicating the number of contraventions reported in relation to the weekly rest period, the number of workers covered by the relevant legislation, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to envisage ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

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

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.

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

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.

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

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.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's first two reports on the application of the Convention. It asks the Government to provide additional information on the following points.

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.