Can an employer assign a female employee who takes care of her child under 12 months old to work during Tet in Vietnam? What is leaving regime for female employees raising children under 36 months of age in Vietnam?
Can an employer assign a female employee who takes care of her child under 12 months old to work during Tet in Vietnam? What is leaving regime for female employees raising children under 36 months of age in Vietnam? If a female employee raising a child under 12 months old has a 6-hour workday, will she be entitled to a 60-minute break in Vietnam?
What is leaving regime for female employees raising children under 36 months of age in Vietnam?
Could you please tell me the following: What is leaving regime for female employees raising children under 36 months of age in Vietnam? Which document regulates this? Hope to receive a response from you. I sincerely thank you!
Answer: According to the provisions of Clause 4, Article 137 of the 2019 Labor Code:
4. 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.
According to this regulation in Vietnam, the labor law only recognizes cases where female employees are raising children under 12 months old and are entitled to 60 minutes breaks every working day and still receive full salary according to the employment contract. In case of raising children under 36 months old, there is no regulation. This means that female employees raising children from over 12 months old to under 36 months old are not entitled to this benefit (Unless the labor agreement has other provisions).
Can an employer assign a female employee who takes care of her child under 12 months old to work during Tet in Vietnam? What is leaving regime for female employees raising children under 36 months of age in Vietnam? (Image from the Internet)
If a female employee raising a child under 12 months old has a 6-hour workday, will she be entitled to a 60-minute break in Vietnam?
According to regulations, female employees raising children under 12 months old will be entitled to 60 minutes breaks every day with full pay. So let me ask, if this female employee only works 6 hours a day, will she be entitled to this benefit? Or is it mandatory to work 8 hours to get 1 hour break?
Answer: According to Clause 4, Article 137 of the 2019 Labor Code stipulates:
4. 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.
This regulation does not clearly state how many hours a day you work to get a 60-minute break. This proves that regardless of how many hours a female employee works each day, she is still entitled to 60 minutes of breaks per day in Vietnam.
Similar to your case in Vietnam. You still get 60 minutes breaks per day with full pay when you only works 6 hours a day.
Can an employer assign a female employee who takes care of her child under 12 months old to work during Tet in Vietnam?
We arrange workers to work at the company during Tet (5 days), each day 2 employees are on duty during office hours in rotation. In case a female employee has a child under 12 months old but they volunteer to be on duty, can I assign them?
Answer: Pursuant to the provisions of Point b, Clause 1, Article 112 of the 2019 Labor Code, employees are entitled to Lunar New Year Holidays: 05 days with full pay.
Therefore, the fact that an enterprise assigns workers to be on duty at the company on Tet days is determined to be the use of employees to work overtime on Tet days.
Clause 1, Article 137 of the 2019 Labor Code also determines:
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:
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.
Thus, according to this regulation in Vietnam, not being assigned to work overtime while raising a child under 12 months old is the right of female employees. However, in case they agree with the company's assignment, the company can use employees on duty during Tet in this case without violating the law.
At that time, the company will have to pay wages during the days the employee is on duty during Tet according to overtime salaries on holidays and Tet at Point c, Clause 1, Article 98 of the 2019 Labor Code. Specifically: During public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.
Best regards!
