The Ministry of Justice is reviewing the draft decree detailing a number of articles of the Law on Employment on job creation support policies developed by the Ministry of Home Affairs.
According to the proposal of the Ministry of Home Affairs, the working hours of employees must not exceed 8 hours/day, with at least one day's off per week (24 consecutive hours), and in case of overtime, the total working hours must not exceed 12 hours/day.
Compared to the current provisions of the Labor Code, this proposal has important new points, helping to concretize the rights and increase the ability to protect workers, especially vulnerable groups.
First is more detailed regulations on how to calculate working time and rest.
If previously the law mainly set a maximum of 48 hours/week and at least 24 hours/week off, now the draft has been specified to not exceed 8 hours per day, each week must have one day off, and in special cases, it is calculated as an average of at least four days off per month.
This expression makes the right to rest for workers clearer, easier to understand, and easier to apply. It helps workers have a basis to supervise and protect themselves, not falling into a situation of being exhausted just because the business cleverly divides time or works overtime to circumvent the law.
Similarly, the next new point is the salary mechanism for workers. Instead of just stipulating in general that "the regional minimum wage must not be lower than the regional minimum wage" as in the Labor Code, the draft clearly divides: employees who work 8 hours/day and 26 days/month are calculated by month; if they do not work enough, they are calculated by hour.
This is especially important for those who work part-time, seasonal or under projects, etc., and have often been disadvantaged in paying because there is no clear legal framework.
Now, every effort, whether by the hour or by the day, has a minimum level of protection. That is a big step forward in income transparency and fairness in treatment.
Regarding overtime, the draft maintains the additional payment rate of 150% - 200% - 300% for normal days, weekly holidays and holidays and Tet. However, it is noteworthy to limit the total number of working hours and overtime to no more than 12 hours/day.
Thus, workers can choose to increase their legal income when taking overtime, but do not fall into a situation of exhausted work, beyond endurance.
The draft also devotes a chapter to public employment policy with the following provisions: workers are guaranteed occupational safety and hygiene, are trained, provided with information, and even have a mechanism to participate in voluntary occupational accident insurance. The investor is also responsible for purchasing compulsory insurance in construction activities.
This is a timely addition to create a social security net for groups of people who are easily overlooked, work hard, dangerous but are not protected.
The most important and meaningful thing about the new points in the Ministry of Home Affairs' proposal this time is to increase feasibility. When regulations are specified by day and by hour, workers can easily understand and monitor; management agencies are also convenient in checking and handling violations.
This limits the situation where the law has regulations and sanctions, but in reality, workers still suffer, due to the situation of law evasion or intentional misunderstanding of the law by business owners and management agencies.
The draft decree detailing a number of articles of the Law on Employment on job creation support policies developed by the Ministry of Home Affairs is being of interest and welcome to workers nationwide.
Because if approved and seriously implemented, these will be more solid protective fences for rights, health, and safety, helping workers feel secure in their contributions.
