Dismissal of Pregnant Employees May Result in Imprisonment of Up to 3 Years

Response:

In the Labor Code 2012 (Article 155), it is prohibited for employers to unlawfully dismiss employees or unilaterally terminate labor contracts, especially for female employees due to marriage, pregnancy, maternity leave, or raising children under 12 months old.

The Criminal Code 2015 (amended and supplemented in 2017) came into effect from January 1, 2018. Article 162 "Crime of forcing officials and public employees to resign or unlawfully dismissing employees" stipulates:

1. Any person who, for personal gain or other personal motives, commits any of the following acts causing serious consequences shall be fined from 10 million VND to 100 million VND, sentenced to non-custodial reform for up to 1 year, or imprisoned from 3 months to 1 year:

   a) Issuing unlawful dismissal decisions against officials and public employees;

   b) Unlawfully dismissing employees;

   c) Coercing or threatening to force officials and public employees, or employees to resign.

2. Committing the crime under any of the following circumstances shall be fined from 100 million VND to 200 million VND or imprisoned from 1 year to 3 years:

   a) Against 2 or more people;

   b) Against a woman known to be pregnant;

   c) Against a person raising a child under 12 months old;

   d) Causing the person who was forced to resign or dismissed to commit suicide;

   e) Causing other very serious or particularly serious consequences.

Thus, an employer who dismisses an employee due to pregnancy can be sentenced to up to 3 years in prison.

According to People's Public Security Online

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