Vietnam: 08 benefits when raising children under 12 months old that female employees need to know to ensure their rights?
- Can female employees in Vietnam refuse to work at night, work overtime or go on a long distance working trip?
- Can female employees in Vietnam change jobs or reduce working hours?
- Can female employees in Vietnam not be terminated for the reason of raising children under 12 months old?
- Can female employees in Vietnam be given priority to enter into new employment contracts?
- Can female employees in Vietnam not be disciplined?
- Can female employees in Vietnam be entitled to 60 minutes breaks in every working day with a full salary?
- Can female employees in Vietnam have a maximum leave time of 20 working days/child/year?
- Can female employees in Vietnam be entitled to benefits of the sickness regime?
Can female employees in Vietnam refuse to work at night, work overtime or go on a long distance working trip?
At Point b, Clause 1, Article 137 of the Labor Code 2019 stipulates:
"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."
As such, female employees raising children under 12 months of age are entitled to refuse to work at night, work overtime and go on business trips.
Can female employees in Vietnam change jobs or reduce working hours?
According to Clause 2, Article 137 of the Labor Code 2019 stipulates:
“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.”
Can female employees in Vietnam not be terminated for the reason of raising children under 12 months old?
Pursuant to Clause 3, Article 137 of the Labor Code 2019 stipulates:
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.
Can female employees in Vietnam be given priority to enter into new employment contracts?
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 according to the provisions of Clause 3, Article 137 of the Labor Code 2019.
Can female employees in Vietnam not be disciplined?
According to Clause 4, Article 122 of the Labor Code 2019, no disciplinary measure shall be taken against an employee during the period when:
+ Forms of labor discipline will be implemented after the employee ends the time to raise children under 12 months old.
+ For pregnant women also enjoy this benefit.
Vietnam: 08 benefits when raising children under 12 months old that female employees need to know to ensure their rights? (Image from the internet)
Can female employees in Vietnam be entitled to 60 minutes breaks in every working day with a full salary?
According to Clause 4, Article 137 of the Labor Code 2019, it stipulates:
"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."
On the other hand, in Clause 4, Article 80 of Decree 145/2020/ND-CP guiding a number of articles of the Labor Code, also detailing the rest periods as follows:
+ A female employee who is nursing a child under 12 months is entitled to a daily break of 60 minutes to for breastfeeding, milking and rest. This daily break time will be fully paid under the employment contract.
+ In case a female employee wishes to have more flexible rest periods, she shall negotiate with the employer about rest periods that are appropriate for both the working conditions and her needs;
+ In case a female employee does not have the need for rest the employer allows her to work, she will be entitled to, in addition to the salary mentioned in Point a of this Clause, an extra salary that corresponds to the amount of works done by her during the rest period to which she is entitled.
Can female employees in Vietnam have a maximum leave time of 20 working days/child/year?
According to Article 27 of the Law on Social Insurance 2014:
"1. The leave period upon sickness of a child in a year shall be calculated based the number of days of care for the sick child, which must not exceed 20 working days, if the child is under 3 years old, or must not exceed 15 working days, if the child is between full 3 years and under 7 years old.
2. When both parents are covered by social insurance, the leave period of the father or mother upon sickness of a child must be as stipulated in Clause 1 of this Article.
The leave period upon sickness of children specified in this Article shall be counted in working days, excluding public holidays, New Year holidays and weekends."
Can female employees in Vietnam be entitled to benefits of the sickness regime?
According to Article 28 of the Law on Social Insurance 2014:
"1. Employees entitled to the sickness regime prescribed in Clause 1, or at Point a, Clause 2, Article 26, or in Article 27, of this Law are entitled to a monthly allowance equal to 75% of the salary of the month preceding their leave on which social insurance premiums are based.
An employee who has just started working or who previously paid social insurance premiums and then ceased working for a certain time and has to take leave under the sickness regime right in the first month after return to work, is entitled to an allowance equal to 75% of the salary of that month on which social insurance premiums are based.
2. For employees who continue enjoying the sickness regime prescribed at Point b, Clause 2, Article 26 of this Law, the allowance must equal:
a/ 65% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for full 30 years or more;
b/ 55% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for between full 15 years and under 30 years;
c/ 50% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for under 15 years.
3. For employees entitled to the sickness regime prescribed in Clause 3, Article 26 of this Law, the allowance must equal 100% of the salary of the month preceding their leave on which social insurance premiums are based.
4. The per-diem sickness allowance must equal the monthly sickness allowance divided by 24 days."
Above are 08 benefits when raising children under 12 months old that female employees need to know to ensure their rights.
LawNet
