How many months of pregnancy do Vietnamese female employees reach that employers must not require them to work at night? How long is the maternity leave period?
- Do pregnant female employees need to notify the employers when unilaterally terminating their employment contracts in Vietnam?
- How many months of pregnancy do Vietnamese female employees reach that employers must not require them to work at night?
- How long are the maternity leave periods for Vietnamese female employees?
Do pregnant female employees need to notify the employers when unilaterally terminating their employment contracts in Vietnam?
Pursuant to Article 138 of the Labor Code 2019, regulations on the right of pregnant female employees to unilaterally terminate or suspend their employment contracts are as follows:
The right of pregnant female employees to unilaterally terminate or suspend their employment contracts
1. Where a female employee is pregnant and obtains a confirmation from a competent health facility which states that if she continues to work, it may adversely affect her pregnancy, she shall have the right to unilaterally terminate or suspend the employment contract.
In case of unilateral termination or suspension of the employment contract, a notification enclosed with the aforementioned confirmation from the health facility shall be submitted to the employer.
2. In case of suspension of the employment contract, the suspension period shall be agreed by the employer and the employee and must not be shorter than the period specified by the health facility. If the rest period is not specified by the health facility, both parties shall negotiate the suspension period.
Pursuant to Article 35 of the Labor Code 2019, regulations on the right of an employee to unilaterally terminates the employment contract are as follows:
The right of an employee to unilaterally terminates the employment contract
1. An employee shall have the right to unilaterally terminate the employment contract, provided he/she notices the employer in advance:
a) at least 45 days in case of an indefinite-term employment contract;
b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;
c) at least 03 working days in case of an employment contract with a fixed term of under 12 months;
d) The notice period in certain fields and jobs shall be specified by the government.
2. An employee is shall have the right to unilaterally terminate the employment contract without prior notice if he/she:
a) is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of this Labor Code;
b) is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.
c) is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;
d) is sexually harassed in the workplace;
dd) is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.
e) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or
g) finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this Labor Code in a manner that affects the performance of the employment contract.
Thus, the right to unilaterally terminate or suspend their employment contracts is one of the rights of pregnant female employees. If a pregnant female employee unilaterally terminates the employment contract, there will be 2 cases:
- Where a female employee is pregnant and obtains a confirmation from a competent health facility which states that if she continues to work, it may adversely affect her pregnancy, she shall have the right to unilaterally terminate or suspend the employment contract.
In case of unilateral termination or suspension of the employment contract, a notification enclosed with the aforementioned confirmation from the health facility shall be submitted to the employer.
- In case of suspension of the employment contract, the suspension period shall be agreed by the employer and the employee and must not be shorter than the period specified by the health facility. If the rest period is not specified by the health facility, both parties shall negotiate the suspension period.
How many months of pregnancy do Vietnamese female employees reach that employers must not require them to work at night? How long is the maternity leave period?
How many months of pregnancy do Vietnamese female employees reach that employers must not require them to work at night?
Pursuant to Article 137 of the Labor Code 2019, regulations on maternity protection are as follows:
Maternity protection
1. An employer must not require a female employee to work at night, work overtime or go on a long distance working trip in the following circumstances:
a) The employee reaches her seventh month of pregnancy; or her sixth month of pregnancy when working in upland, remote, border and island areas;
b) The employee is raising a child under 12 months of age, unless otherwise agreed by her.
2. Whenever an employer is informed of the pregnancy of an female employee who is doing a laborious, toxic or dangerous work, a highly laborious, toxic or dangerous work or any work that might negatively affect her maternity, the employer shall assign her to a less laborious or safer work, or reduce the working hours by 01 hour per day without reducing her salary, rights or benefits until her child reaches 12 months of age.
3. The employer must not dismiss an employee or unilaterally terminate the employment contract with an employee due to his/her marriage, pregnancy, maternity leave, or nursing a child under 12 months of age, except for cases where the employer that is a natural person dies or is declared incapacitated, missing or dead by the court, or the employer that is not a natural person ceases its business operation, declared by a provincial business registration authority that it does not have a legal representative or a person authorized to perform the legal representative’s rights and obligations.
Upon expiration of the employment contract with female employee who is pregnant or nursing a child under 12 months of age, conclusion of a new employment contract shall be given priority.
4. During her menstruation period, a female employee shall be entitled to a 30 minute break in every working day; a female employee nursing a child under 12 months of age shall be entitled to 60 minutes breaks in every working day with full salary as stipulated in the employment contract.
Thus, if a female employee is pregnant from the 7th month or from the 6th month if working in highland, remote, border, or island areas, the employee is not allowed to employ night workers. .
How long are the maternity leave periods for Vietnamese female employees?
Pursuant to the provisions of Clause 1, Article 139 of the Labor Code 2019, maternity leave is prescribed as follows:
Maternity leave
1. A female employee is entitled to 06 months of prenatal and postnatal leave; the prenatal leave period shall not exceed 02 months.
In case of a multiple birth, the leave shall be extended by 01 month for each child, counting from the second child.
Thus, the maternity leave period of female employees is regulated as follows:
- A female employee is entitled to 06 months of prenatal and postnatal leave;
Note: the prenatal leave period shall not exceed 02 months.
- In case of a multiple birth, the leave shall be extended by 01 month for each child, counting from the second child.
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