Buzz
Currently, Mytour is receiving numerous inquiries about the regulations for compensatory rest for doctors on 24-hour shifts. Understanding these regulations helps doctors take legitimate breaks on regular weekdays.
Guide + 24/7 On-Call Doctor Regimen
Mytour Answers Your Reader's Questions in the Following Article:
1. Legal Framework
- Labor Law 2012
- Decision 73/2011/QD-TTg
2. Legal Counsel Consultation
According to the regulations of the labor law regarding weekly days off as follows:
Article 110. Weekly Rest
1. Every week, employees are entitled to a minimum continuous rest of 24 hours. In special cases where the work cycle prevents weekly rest, the employer is responsible for ensuring the employee gets compensatory rest, averaging at least 4 days per month.
2. Employers have the right to decide to schedule the weekly day off on either Sunday or another fixed day in the week, but it must be recorded in the labor regulations.
Compensatory rest time for 24-hour on-call doctors
Decision 73/2011/QĐ-TTg stipulates in point c of Article 2, Clause 3, the regular on-call regime as follows:
c) Employees are entitled to rest and receive full salary after participating in regular on-call duties as follows:
- On 24/24-hour regular on-call duty, a compensatory rest day is granted for the weekly day off; on holidays and Tet (Vietnamese New Year), two compensatory rest days are granted;
- On 12/24-hour shifts or 16/24-hour shifts, at least 12 consecutive hours of rest are provided.
In cases where medical facilities mobilize employees to work during break hours, they must pay overtime wages as per labor laws.
For instance, if your weekly day off falls on a Sunday and you are on duty on Saturday, Sunday remains your weekly day off. You have the right to take an additional day off during the week. In cases where the hospital requires you to work on your compensatory day off, they must compensate you for overtime.
* Calculating overtime pay for on-call doctors
Article 97. Overtime Pay, Night Shifts
1. Employees working overtime are compensated based on the hourly wage rate or salary for the ongoing tasks as follows:
a) On regular days, at least 150%;
b) On weekly days off, at least 200%;
c) On holidays and paid leave days, at least 300%, excluding holiday and paid leave pay for salaried employees.
2. Employees working at night are entitled to an additional payment of at least 30% of the salary calculated based on the hourly wage rate or salary for normal daytime work.
3. Employees working overtime at night, in addition to the payment specified in Clause 1 and Clause 2 of this Article, shall also receive an additional 20% of the hourly rate or job-based salary for daytime work.
* On-Call Compensation System
- Workers on 24/24 on-call duty are entitled to compensation as follows:
+ 115,000 VND/person/shift for Grade I and Specialized Hospitals.
+ 90,000 VND/person/shift for Grade II Hospitals.
+ 65,000 VND/person/shift for other hospitals and equivalent facilities.
+ 25,000 VND/person/shift for commune health stations, military medical stations, and military hospitals.
- Workers on 12/24-hour on-call duty receive 0.5 times the allowance for 24/24 on-call duty;
- Workers on 16/24-hour on-call duty receive 0.75 times the allowance for 24/24 on-call duty.
If on-call duty is in emergency care areas or special care areas, the on-call allowance is calculated at 1.5 times the prescribed rate; on weekly days off, it is calculated at 1.3 times the prescribed rate; on holidays and Tet, it is calculated at 1.8 times the prescribed rate.
+ Workers on 24/24 on-call duty receive meal support of 15,000 VND/person/shift;
+ Workers are entitled to rest and receive full salary after participating in on-call duties as follows:
- On 24/24-hour on-call duty on regular days, a compensatory rest day is granted for the weekly day off; on holidays and Tet (Vietnamese New Year), two compensatory rest days are granted;
- On 12/24-hour shifts or 16/24-hour shifts, at least 12 consecutive hours of rest are provided.
In cases where medical facilities mobilize workers during break hours, they must pay overtime according to labor laws.
Medical facilities mobilizing workers for overtime must pay overtime wages to workers according to labor laws. Workers working night shifts are entitled to night shift pay as per labor laws.
Therefore, if you are on duty on a regular day or a weekly day off, you will be granted compensatory leave for 1 day. Although there is no specific regulation on compensatory leave, it is generally understood as taking a day off to compensate for a 24-hour on-call shift.
Aligned with the insights shared above, you now have an understanding of how to calculate compensatory rest time for doctors on 24-hour shifts. According to legal provisions, if you are on a 24-hour duty on a regular day or a weekly day off, you are entitled to compensatory leave.
Grasping the working hours of Sacombank will help you proactively schedule tasks and find time to visit the bank, especially for those interested in whether Sacombank is open for business on Saturdays and Sundays. This is crucial for those looking to make transactions on their days off.
