Summary: 06 rights of female employees raising children under 12 months old in Vietnam
What are rights of female employees raising children under 12 months old in Vietnam? - Ms. Mien (Ninh Binh)
Summary: 06 rights of female employees raising children under 12 months old in Vietnam
According to regulations, female employees raising children under 12 months old have a number of rights and privileges under the labor law, including:
(1) The right to work at night, work overtime or go on a long distance working trip
Pursuant to Clause 1 Article 137 of the Labor Code in 2019 stipulating maternity protection as follows:
Maternity protection
1. 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:
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b) The employee is raising a child under 12 months of age, unless otherwise agreed by her.
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As regulations above, an employer must not require a female employee, who is raising a child under 12 months of age, to work at night, work overtime or go on a long distance working trip, unless otherwise agreed by her.
(2) The right to be transferred to a less laborious or safer work, or to be reduced the working hours by 01 hour per day without reducing salary
Pursuant to Clause 2 Article 137 of the Labor Code in 2019 stipulating maternity protection as follows:
Maternity protection
1. 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:
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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.
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As regulations above, with respect to an female employee who is doing a laborious, toxic or dangerous work, a highly laborious, toxic or dangerous work or any work negatively affecting 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.
Note: this policy shall apply for an female employee who is raising a child under 12 months of age. When the child reaches 12 months of age, this policy is no loger available.
(3) The right to not be unilaterally terminated from their employment.
Pursuant to Clause 3 Article 37 of the Labor Code in 2019 stipulating cases in which an employer is prohibited from unilaterally terminating an employment contract as follows:
Cases in which an employer is prohibited from unilaterally terminating an employment contract
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3. The employee is pregnant, on maternal leave or raising a child under 12 months of age.
As regulations above, the employer is prohibited from unilaterally terminating an employment contract of a female employee who is raising a child under 12 months of age.
(4) The right to not be disciplined.
Pursuant to Clause 4 Article 122 of the Labor Code in 2019 stipulating principles and procedures for taking disciplinary measures at work as follows:
Principles and procedures for taking disciplinary measures at work
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4. No disciplinary measure shall be taken against an employee during the period when:
a) The employee is taking leave on account of illness or convalescence; or on other types of leave with the employer’s consent;
b) The employee is being held under temporary custody or detention;
c) The employee is waiting for verification and conclusion of the competent agency for acts of violations, stipulated in Clause 1 and Clause 2 Article 125 of this Labor Code;
d) The employee is pregnant, on maternal leave or raising a child under 12 months of age.
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As regulations above, no disciplinary measure shall be taken against a female employee who is raising a child under 12 months of age.
(5) The right to be prioritized to conclude new employment contract.
Pursuant to Clause 3 Article 137 of the Labor Code in 2019 stipulating 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.
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As regulations above, upon expiration of the employment contract with female employee who is nursing a child under 12 months of age, conclusion of a new employment contract shall be given priority.
(6) To be eligible for sick leave benefits when the child is sick
Pursuant to Article 141 of the Labor Code in 2019 stipulating allowances for during period of care for sick children, pregnancy and implementation of contraceptive methods as follows:
Allowances for during period of care for sick children, pregnancy and implementation of contraceptive methods
When an employee takes leave to take care of a sick child aged under 07, have prenatal care check-up, due to miscarriage, abortion, stillbirth, therapeutic abortion, implementation of contraceptive methods or sterilization, the employee shall receive allowance for the leave period in accordance with social insurance laws.
Pursuant to Clause 2 Article 25 of the Law on Social Insurance in 2014 stipulating conditions for enjoying the sickness benefits as follows:
Conditions for enjoying the sickness benefits
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2. Employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.
As regulations above, a female employee, who is participating in social insurance and nursing a child under 12 months of age, is entitled to sick leave benefits when the child is sick.
Who shall be covered by the maternity benefits in Vietnam?
Pursuant to Article 30 of the Law on Social Insurance in 2014 stipulating coverage of the maternity benefits as follows:
Coverage of the maternity benefits
The maternity benefits covers employees defined at Point a, b, c, d, dd and h, Clause 1, Article 2 of this Law.
As regulations above, employees being Vietnamese citizens shall be covered by the maternity benefits, including:
(1) Persons working under labor contracts, including:
- Definite-term labor contracts
- Indefinite-term labor contracts
- Seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months
(2) Persons working under labor contracts with a term of between full 1 month and under 3 months;
(3) Cadres, civil servants and public employees;
(4) Defense workers, public security workers and persons doing other jobs in cipher organizations;
(5) Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;
(6) Salaried managers of enterprises and cooperatives;
Summary: 06 rights of female employees raising children under 12 months old in Vietnam - Source: Internet
What are conditions for enjoying the maternity benefits in 2023 in Vietnam?
Pursuant to Article 31 of the Law on Social Insurance in 2014 stipulating conditions for enjoying the maternity benefits in 2023 in Vietnam as follows:
1. Employees shall be covered by the maternity benefits in one of the following cases:
- Pregnant female employees;
- Female employees giving birth to children;
- Female employees as surrogate mothers and intended mothers;
- Employees adopting under-6-month children;
- Female employees having intrauterine devices or employees taking sterilization measures;
- Male employees currently paying social insurance premiums whose wives give birth to children.
2. To enjoy the maternity benefits, the following employees must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption:
- Female employees giving birth to children;
- Female employees as surrogate mothers and intended mothers;
- Employees adopting under-6-month children;
Note: To enjoy the maternity benefits, female employees giving birth to children 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, but 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 the Law on Social Insurance in 2014.
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