29/07/2023 14:24

Is maternity leave included in the period serving as base for regular salary increase in Vietnam?

Is maternity leave included in the period serving as base for regular salary increase in Vietnam?

Is maternity leave included in the period serving as base for regular salary increase in Vietnam? “Gia Huy_Hanoi”

Hello, Lawnet would like to answer the following:

1. Conditions for enjoying the maternity benefits in Vietnam

Pursuant to Article 31 of the Law on Social Insurance 2014, employees shall be covered by the maternity benefits in one of the following cases:

(1) Pregnant female employees;

(2) Female employees giving birth to children;

(3) Female employees as surrogate mothers and intended mothers;

(4) Employees adopting under-6-month children;

(5) Female employees having intrauterine devices or employees taking sterilization measures;

(6) Male employees currently paying social insurance premiums whose wives give birth to children.

To enjoy the maternity benefits, employees defined at (2), (3), (4) must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.

To enjoy the maternity benefits, employees defined at (2) who have paid social insurance premiums for at least full 12 months and need to take a leave during pregnancy for pregnancy care as prescribed by a competent health establishment must have paid social insurance premiums for at least full 3 months within 12 months before childbirth.

Employees who fully satisfy the conditions specified in Clause 2 or 3 of Article 31 of the Law on Social Insurance 2014 and terminate their labor contracts or working contracts or cease working before the time of childbirth or the time of adoption of under-6-month children are still entitled to the maternity benefits prescribed in Articles 34, 36 and 38, and Clause 1, Article 39, of the Law on Social Insurance 2014.

2. Is maternity leave included in the period serving as base for regular salary increase in Vietnam?

According to the provisions of Clause 1, Article 2 of Circular 08/2013/TT-BNV, if the last salary level has not been ranked in the civil servant rank (called a rank), in the professional titles of public employees, the titles of senior experts, and the professional titles of the Court sector, the Procuracy branch (collectively referred to as the title) currently holding shall be considered for a regular salary increase when meeting the conditions for holding the rank in the rank or title and meeting the criteria for raising the regular salary level as prescribed by law.

In particular, the time to hold the rank to consider raising the salary level for the above subjects is as follows:

- For the title of senior expert: If the last salary level has not been ranked in the senior expert's salary list, then after 5 years (full 60 months), holding the salary level in the senior expert's payroll will be considered for a salary increase. ;

- For ranks and titles that require a college degree or higher: If the last salary level has not been ranked in the rank or title, after 3 years (full 36 months), holding the salary level in the rank or title will be considered for a salary increase;

- For ranks and titles that require an intermediate or lower level of training and employees: If the last salary level has not been ranked in the rank or title, after 2 years (24 full months), holding the salary level in the rank or title will be considered for a salary increase.

In addition, according to the provisions of Point b, Clause 1, Article 2 of Circular 08/2013/TT-BNV, the following cases will be counted in the time to consider raising the regular salary grade:

- The time off from work is entitled to a full salary according to the provisions of the labor law;

- The period of maternity leave in accordance with the law on social insurance;

- The period of sick leave, occupational accident, and occupational disease entitled to the cumulative social insurance allowance of 6 months or less (during the period of holding the rank) in accordance with the law on social insurance;

- The time when the competent authority decides to send them to work as experts, to study, to practice, to work, or to conduct surveys at home or abroad (including the time to follow the regime of the wife and husband according to the Government's regulations) but still on the salary list of the agency or unit.

Thus, based on the above provisions, the period of maternity leave in accordance with the law on social insurance will be counted into the time to consider raising the regular salary level for the above positions.

Best regards!

Le Thi Phuong Ngan
210


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