Is it true that in all cases, workers must have at least 1 day off every week?

In all cases, employees must have at least 1 day off every week, right?

Regulations on weekly leave in Article 111 of the 2019 Labor Code are as follows:

Take a break every week

1. Each week, workers are entitled to at least 24 consecutive hours of rest. In special cases where weekly breaks are not possible due to the labor cycle, the employer is responsible for ensuring that employees have at least 4 days off on average per month.

2. The employer has the right to decide to arrange the weekly day off on Sunday or another determined day of the week but must record it in the labor regulations.

3. If the weekly day off coincides with a public holiday specified in Clause 1, Article 112 of this Code, the employee is entitled to compensate for the weekly day off on the next working day.

According to the above regulations, each week, employees are entitled to at least 24 consecutive hours (1 day) off.

However, in special cases where weekly breaks are not possible due to the labor cycle, the employer is responsible for ensuring that employees have at least 4 days off on average per month.

Therefore, not in all cases employees are entitled to at least 1 day off every week.

If there are special cases where employees cannot take weekly leave, they will be given at least 4 days off on average per month.

If the company does not give employees enough weekly rest days as prescribed, how will the company be punished?

The level of administrative penalties for companies not allowing employees to take enough weekly days off as prescribed in Clause 2, Article 18 of Decree 12/2022/ND-CP is as follows:

Violation of regulations on working hours and rest times

1. A fine from 2,000,000 VND to 5,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to ensure employees take personal leave or unpaid leave according to the provisions of law;

b) Failure to notify in writing the Department of Labor, War Invalids and Social Affairs where overtime is organized and where the headquarters is located about the organization of overtime from over 200 hours to 300 hours in a year.

2. A fine from 10,000,000 VND to 20,000,000 VND shall be imposed on employers who violate the provisions of law on weekly or annual leave or public holidays.

…According to Clause 1, Article 6 of Decree 12/2022/ND-CP, the fine for the above violation applies to employers who are individuals in violation; in the case of organizations such as companies, the fine will be doubled.

Therefore, companies that do not give workers enough weekly days off as prescribed may be subject to administrative penalties with fines ranging from 20,000,000 VND to 40,000,000 VND.

What is the statute of limitations for penalizing a company for not giving employees enough days off every week?

The statute of limitations for sanctioning administrative violations in the field of labor is specified in Clause 1, Article 5 of Decree 12/2022/ND-CP as follows:

Statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts shall comply with the provisions of Clause 1, Article 6 of the Law on Handling of Administrative Violations.

Referencing point a, clause 1, Article 6 of the 2012 Law on Handling of Administrative Violations, amended by point a, Clause 4, Article 1 of the 2020 Amended Law on Handling of Administrative Violations, the statute of limitations for sanctioning administrative violations is as follows:

Statute of limitations for handling administrative violations

1. The statute of limitations for sanctioning administrative violations is prescribed as follows:

a) The statute of limitations for sanctioning administrative violations is 01 year, except for the following cases:

Administrative violations in accounting; bill; fees and charges; insurance business; price management; stock; intellectual property; build; seafood; forestry; investigation, planning, exploration, exploitation and use of water resources; petroleum and other mineral activities; environmental protection; atomic energy; management and development of housing and offices; land; dikes; press; publish; production, export, import, and trading of goods; producing and trading banned and counterfeit goods; When it comes to managing foreign workers, the statute of limitations for sanctioning administrative violations is 02 years.

For administrative violations of tax, the statute of limitations for sanctioning administrative violations is according to the provisions of law on tax administration;

Thus, the statute of limitations for sanctioning a company for not allowing employees to take the full number of weekly days off as prescribed is 01 year.