When will Vietnamese female employees be given priority to conclude new employment contracts upon expiration of the previous employment contract?
- When will Vietnamese female employees be given priority to conclude new employment contracts upon expiration of the previous employment contract?
- Vietnam: Can an employer unilaterally terminate the employment contract with an employee due to pregnancy?
- Vietnam: What is the penalty for an employer unilaterally terminating the employment contract with an employee due to pregnancy?
When will Vietnamese female employees be given priority to conclude new employment contracts upon expiration of the previous employment contract?
Clause 3, Article 137 of the Labor Code 2019 stipulates maternity protection as follows:
Maternity protection
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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.
Thus, in case a female employee is pregnant or nursing a child under 12 months of age and the employment contract expires, conclusion of a new employment contract shall be given priority.
When will Vietnamese female employees be given priority to conclude new employment contracts upon expiration of the previous employment contract?
Vietnam: Can an employer unilaterally terminate the employment contract with an employee due to pregnancy?
According to Clause 3, Article 137 of the Labor Code 2019, regulations on maternity protection are as follows:
Maternity protection
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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.
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Thus, according to the above regulations, 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..
Vietnam: What is the penalty for an employer unilaterally terminating the employment contract with an employee due to pregnancy?
At Point i, Clause 2, Article 28, Decree 12/2022/ND-CP on dismissing or unilaterally terminating the employment contract with an employee due to his/her marriage, pregnancy, maternity leave, or nursing of a child under 12 months of age as follows:
Violations against regulations on female employees and assurance of gender equality
2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an employer for commission of one of the following violations:
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h) Taking disciplinary measures against a female employee during her pregnancy or maternity leave in accordance with regulations of laws on social insurance; taking disciplinary measures against a female employee who is nursing a child under 12 months of age;
i) Dismissing or unilaterally terminating the employment contract with an employee due to his/her marriage, pregnancy, maternity leave, or nursing of 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 operations, declared by a business registration authority affiliated to the provincial People’s Committee that it does not have a legal representative or a person authorized to perform the legal representative’s rights and obligations, if not liable to criminal prosecution;
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3. Remedial measures
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c) The employer that commits the violation specified in Point i Clause 2 of this Article is compelled to reinstate employees.
Thus, according to regulations, employers will be fined from 10,000,000 to 20,000,000 for dismissing or unilaterally terminating the employment contract with an employee due to his/her marriage, pregnancy, maternity leave, or nursing of a child under 12 months of age.
Besides, the employer is compelled to reinstate employees.
* Note: The penalty level specified in Clause 2, Article 28 of Decree 12/2022/ND-CP is the penalty level for individuals. The penalty level for organizations is 2 times the penalty level for individuals.
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