Vietnam: In case of suspension of the employment contract, should pregnant female employees notify the employer?
Vietnam: In case of suspension of the employment contracts, should pregnant female employees notify the employers?
According to the provisions of Article 138 of the Labor Code 2019 on the right to unilaterally terminate or suspend the employment contract of pregnant female employees 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.
Thus, according to the above regulations, pregnant female employees have the right to request a suspension of the labor contract when there is confirmation from a competent medical examination and treatment facility that if the female employee continues to work. will have a negative effect on the fetus.
However, when temporarily suspending the implementation of the labor contract, the employer must be notified with confirmation from a competent medical examination and treatment facility.
Vietnam: In case of suspension of the employment contracts, should pregnant female employees notify the employers?
How long is the suspension period for pregnant female employees in Vietnam?
According to Clause 2, Article 138 of the Labor Code 2019, the right of pregnant female employees to unilaterally terminate or suspend their employment contracts is as follows:
The right of pregnant female employees to unilaterally terminate or suspend their employment contracts
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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.
Thus, pregnant female employees can unilaterally suspend the employment contract according to the term as 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 long are employees entitled to maternity leave in Vietnam?
Article 139 of the Labor Code 2019 stipulates maternity leave as follows:
- 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.
- During maternity leave, the female employee is entitled to maternity benefits as prescribed by social insurance laws.
- After the maternity leave stipulated in Clause 1 of Article 139 of the Labor Code 2019 expires, if so demanded, the female employee may be granted an additional unpaid leave under terms agreed upon with the employer.
- The female employee may return to work before the expiry of her statutory maternity leave stipulated in Clause 1 of Article 139 of the Labor Code 2019 after she has taken at least 04 months of leave, provided she has obtained a confirmation from a competent health facility that the early resumption of work does not adversely affect her health, the employer receives a prior notice of the early resumption and agrees to the early resumption. In this case, besides the salary of the working days, which is paid by the employer, the female employee shall continue to receive the maternity allowance in accordance with social insurance laws.
- A male employee whose wife gives birth, an employee who adopts a child under 06 months of age, a female employee who becomes a surrogate mother shall be entitled to maternity leave in accordance with social insurance laws.
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