Current Working Condition Standards | Wellbeing

1. What are Working Conditions?

Working conditions encompass the totality of natural, social, economic, and technical factors manifested through work tools, equipment, subjects of labor, the work environment, and technological processes within a specific space. It also includes how these factors are arranged, organized, and interact with employees, thereby creating specific conditions for them during their labor process.

Working conditions consist of: the work to be performed, working hours, rest periods, workplace location, Occupational Safety and Health (OSH) conditions, social insurance, wages, bonuses, allowances, and labor quotas.

These conditions are specifically stipulated in various legal normative documents tailored to different demographics, such as working conditions for female employees, minor employees, elderly employees, employees with disabilities, highly skilled and technically qualified personnel, and other specific labor categories.

2. Standards for Classifying Labor by Working Conditions

Pursuant to Clauses 1 and 2, Article 3 of Circular 03/2025/TT-BLĐTBXH, labor is classified based on working conditions as follows:

• First: Extremely heavy, toxic, and dangerous occupations and jobs are those with working conditions classified as Category V and Category VI.

• Second: Heavy, toxic, and dangerous occupations and jobs are those with working conditions classified as Category IV.

• Third: Occupations and jobs that are not heavy, toxic, or dangerous are those with working conditions classified as Category I, II, and III.

The classification of labor by working conditions must be based on the results of assessing and determining working conditions according to the methodologies prescribed in Circular 03/2025/TT-BLĐTBXH.

3. Standards and Methods for Classifying Working Conditions

The categories of working conditions stipulated in Article 3 of this Circular are assessed and classified using the following methods:

3.1. Assessment and Scoring Method

This method is executed according to the following procedure:

a) Determine the name of the occupation/job to be assessed, identify the working conditions, and define the sample size:

Sampling for each occupation or job must comply with statistical and research regulations, and be suitable for the type and scale of the production, business, or service establishment, while ensuring regional representation.

(Using the statistical formula where):

• n: The required sample size.

• N: The total population (Total number of employees performing the occupation/job to be assessed within the industry, sector, or enterprise).

• e: The allowable margin of error.

  • When calculating the sample size for an entire industry, the allowable error ($e$) must not exceed 10%.

  • When calculating the sample size within a specific enterprise in an industry, the allowable error ($e$) must not exceed 20% for enterprises with fewer than 1,000 employees performing the assessed job; and not exceed 10% for enterprises with 1,000 or more employees performing the assessed job.

b) Assess working conditions based on the system of working condition indicators:

• Step 1: Identify the factors that have biological impacts on employees within the system of working condition indicators specified in Appendix I attached to this Circular (hereinafter referred to as Appendix I).

• Step 2: Select at least 06 (six) characteristic factors corresponding to each occupation or job. These factors must sufficiently reflect the 3 groups of factors within the indicator system stipulated in Appendix I.

• Step 3: Choose 01 (one) indicator for each characteristic factor selected in Step 2 to conduct the assessment and scoring, adhering to the following principles:

  • The scoring scale to assess the level of heaviness, toxicity, and danger of each factor is a 6-point scale as specified in Appendix I. The higher the severity, the higher the score.

  • If the employee's exposure time to the factors is less than 50% of the working shift, the score is reduced by 01 (one) point. For toxic chemicals, electromagnetic fields, vibration, noise, ionizing radiation, pressure changes, and infectious disease agents, the score is reduced by 01 point if the exposure time is less than 25% of the working shift.

  • For factors with a Permissible Exposure Limit (PEL) for time, the score is reduced by 01 point if the actual exposure time during work is less than 50% of the permissible limit.

  • For factors where multiple indicators ($\ge 2$) can be used for assessment, only 01 primary indicator shall be selected for scoring; other indicators may be assessed for reference and to supplement data for the primary indicator.

  • Applying periodic occupational environmental monitoring results for the occupational hygiene factor group must ensure suitability regarding sample size, sampling location, and sampling time corresponding to the working condition classification assessment.

• Step 4: Calculate the average score of the factors using the formula:

  $\bar{X} = \frac{X_1 + X_2 + \dots + X_n}{n}$

  Where:

  • $\bar{X}$: The arithmetic mean score of the factors.

  • $n$: The number of factors assessed in Step 3 ($n \ge 6$).

  • $X_1, X_2, \dots, X_n$: The scores of the first, second, ..., nth factor.

• Step 5: Synthesize the results into the form prescribed in Appendix II attached to this Circular and determine the working condition based on the average score ($\bar{X}$) as follows:

  • $\bar{X} \le 1.01$: Category I

  • $1.01 < \bar{X} \le 2.22$: Category II

  • $2.22 < \bar{X} \le 3.37$: Category III

  • $3.37 < \bar{X} \le 4.56$: Category IV

  • $4.56 < \bar{X} \le 5.32$: Category V

  • $\bar{X} > 5.32$: Category VI

3.2. Other Methods

a) Statistical and Empirical Method

Based on the characteristic working conditions of each occupation or job within the List of heavy, toxic, and dangerous occupations/jobs and extremely heavy, toxic, and dangerous occupations/jobs promulgated by the Minister of Labor, Invalids and Social Affairs to determine the working condition category.

b) Combined Method

Combines the assessment and scoring method specified in Clause 1 of this Article with the statistical and empirical method specified in Point a, Clause 2, while consulting managing line ministries, experts, and scientists to synthesize the results.

c) Applicability

The methods stipulated in this Clause apply to the following occupations and jobs:

• Occupations and jobs involving factors that endanger the life and health of employees, but for which it is impossible to identify all 06 characteristic factors or the full 03 factor groups in the indicator system (Appendix I).

• Occupations and jobs with an inherent danger to life, health, and the environment; or involving exposure to Schedule A toxic chemicals or radiation.

Based on occupational exposure factors, statistical data on occupational accidents and diseases, and the synthesized results from this combined method, the Ministry of Labor, Invalids and Social Affairs shall decide on the classification of working conditions for these specific cases.

4. Responsibilities of Line Ministries, Employers, and Relevant Agencies

Employers must strictly control hazardous and harmful factors pursuant to Chapter II of Decree No. 39/2016/ND-CP (detailing and guiding the implementation of the OSH Law). Based on occupational environmental monitoring results and hazard prevention outcomes, employers must evaluate the improvement of working conditions for current jobs. If a re-evaluation of the working condition category is required, it must follow the methods specified in Article 4 of this Circular.

Annually, line ministries shall proactively review the working conditions of occupations within their respective sectors. If determining the working condition category is necessary, they must adhere to the methods specified in Article 4.

In the event of new occupations or jobs arising with heavy, toxic, or dangerous factors, the line ministries and employers must conduct an assessment and classification according to this Circular to determine the official working condition category for that specific job.