During maternity leave, do enterprises have right to force employees to work in Vietnam?

During maternity leave, do enterprises have right to force employees to work in Vietnam?

Please ask for advice: On October 25, 2020, I will take 6 months of maternity leave to give birth. But due to the nature of my job as an accountant, my agency has no one to replace me, so I have to work as an accountant during my 6-month maternity leave. So may I ask, in addition to the maternity benefits paid by social insurance, if I do accounting work for an agency, will I still receive a salary? Will my company be fined for doing so?

Reply:

According to current labor laws and social insurance laws, female employees who are eligible for maternity benefits are entitled to take maternity leave for a period of 6 months.

Specifically, Clause 1, Article 34 of the 2014 Law on Social Insurance stipulates:

Article 34. Leave period for childbirth

1. Female employees are entitled to a 6-month leave before and after childbirth under the maternity benefits. For a female employee who gives birth to twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second.

The maternity leave period before childbirth must not exceed 2 months.

Thus, current law recognizes the right of female employees to take maternity leave when giving birth. This means that during these 6 months, female employees do not have to work or receive salary from businesses, agencies or organizations, but are entitled to a lump-sum maternity allowance and maternity benefits corresponding to the leave period in Vietnam. 

In case your business, due to the actual situation, does not have enough personnel, forcing you to do accounting work during your maternity leave, you must receive both the salary for the job you are undertaking and the enjoy full maternity benefits.

Current law only allows female employees on maternity leave to return to work early if they are healthy but must have taken at least 4 months of maternity leave. However, there is no mechanism to punish businesses for accepting employees on maternity leave to return to work earlier than prescribed or for forcing employees to work during maternity leave. Therefore, you can base on the regulations on your right to maternity benefits and your health situation to request the company to arrange staff to work on your behalf during your maternity benefits in Vietnam.

During maternity leave, do enterprises have right to force employees to work in Vietnam? (Image from the Internet)

How many days of maternity leave do female employees get when having intrauterine devices in Vietnam?

I have paid social insurance at the company for 2 years. I recently had an IUD inserted at the hospital, so will I be able to take leaves when I get an IUD inserted? If so, how many days off?

Reply:

According to Point dd, Clause 1, Article 31 of the 2014 Law on Social Insurance, female employees having intrauterine devices or employees taking sterilization measures are entitled to maternity benefits.

According to Article 37 of the 2014 Law on Social Insurance, leave period when taking contraceptive measures is as follows:

1. When taking contraceptive measures, employees are entitled to the maternity benefits as prescribed by competent health establishments. The maximum leave period is:

a/ 7 days, for female employees implanted with intrauterine devices;

b/ 15 days, for employees taking sterilization measures.

2. The maternity leave period specified in Clause 1 of this Article is inclusive of public holidays, New Year holidays and weekends.

Thus, if a woman having intrauterine device, she is entitled to take maternity leave as prescribed by a competent medical examination and treatment facility, for a maximum period of 07 days in Vietnam.

Please note that a certificate of leave to receive social insurance benefits is required for outpatient treatment, and an original or copy of the hospital discharge certificate for inpatient treatment in Vietnam.

Can I use the health insurance card of a poor household to enjoy maternity benefits in Vietnam?

Hello. Let me ask, Currently, I have a near-poor health insurance card, can I enjoy maternity benefits with that card?

Reply:

According to the provisions of Clause 1 and Clause 2, Article 31 of the 2014 Law on Social Insurance, there are regulations on conditions for enjoying the maternity benefits, specifically as follows:

1. Employees shall be covered by the maternity benefits in one of the following cases:

a/ Pregnant female employees;

b/ Female employees giving birth to children;

c/ Female employees as surrogate mothers and intended mothers;

d/ Employees adopting under-6-month children;

dd/ Female employees having intrauterine devices or employees taking sterilization measures;

e/ Male employees currently paying social insurance premiums whose wives give birth to children.

2. To enjoy the maternity benefits, employees defined at Points b, c and d, Clause 1 of this Article must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.

Thus, according to the law in Vietnam, you must be a subject who has paid social insurance for 06 months or more within 12 months before giving birth to enjoy maternity benefits, and poor household health insurance cards are not eligible for maternity benefits!

Best regards!