If an employer arranges breaks for employees, does it need to be written into the labor regulations?
The arrangement for workers to take breaks is specified in Clause 2, Article 109 Labor Code as follows:
Rest during working hours
1. Employees who work according to the working hours specified in Article 105 of this Code for 06 hours or more in a day are entitled to a break of at least 30 consecutive minutes. If they work at night, they are entitled to a break. at least 45 minutes continuously.
In case an employee works in a continuous shift of 6 hours or more, the break time is counted as working hours.
2. In addition to the break time specified in Clause 1 of this Article, the employer shall arrange breaks for employees and record them in the labor regulations.
At the same time, Clause 2 Article 69 Decree No. 145/2020/ND-CP stipulated as follows:
Labor regulations
Labor regulations in Article 118 of the Labor Code are stipulated as follows:
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2. The content of labor regulations must not be contrary to labor laws and relevant legal regulations. Labor regulations include the following main contents:
a) Working hours and rest hours: regulate normal working hours in 01 day, in 01 week; shift; start and end time of work shift; overtime (if any); overtime in special cases; timing of breaks other than half-time; shift break; weekly day off; annual leave, personal leave, unpaid leave;
b) Order at the workplace: regulations on working scope and travel during working hours; cultural behavior and costumes; comply with the employer's assignment and mobilization;
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Thus, in addition to the prescribed breaks, if the employer arranges breaks for employees, it must be recorded in the internal labor regulations.