Female Employees Entitled to 30-Minute Daily Break During Menstrual Period

Article 155 of the Labor Code 2012 stipulates:

1. Employers are prohibited from employing female workers to work at night, work overtime, and go on business trips in the following cases:

a) Pregnant from the 7th month or from the 6th month if working in highland, remote, border, or island areas;

b) Nursing a child under 12 months old.

2. Female workers performing heavy work while pregnant from the 7th month are entitled to transfer to lighter work or reduce their daily working hours by one hour while still receiving full salary.

3. Employers are prohibited from dismissing or unilaterally terminating the labor contract of female workers for reasons of marriage, pregnancy, maternity leave, or nursing a child under 12 months old, except in cases where the employer is an individual who dies, is declared by the court to lack civil act capacity, is missing, or is dead; or the employer is not an individual and ceases operations...

4. Female workers are entitled to a 30-minute break every day during their menstruation period; and are entitled to a 60-minute break every day while nursing a child under 12 months old during working hours. The break time is still fully paid according to the labor contract.

Article 156: The right to unilaterally terminate or temporarily suspend the labor contract of pregnant female workers

Pregnant female workers who have certification from a competent medical facility that continuing to work would adversely affect the fetus have the right to unilaterally terminate the labor contract or temporarily suspend the performance of the labor contract. The notice period that the pregnant female worker must give the employer depends on the period prescribed by the competent medical facility.

Lawyer, Master Pham Thanh BinhBao Ngoc Law Firm, Hanoi

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