Can a pregnant woman with foetal derangement unilaterally terminate her employment contract in Vietnam?

Can a pregnant woman with foetal derangement unilaterally terminate her employment contract in Vietnam?

In Article 138 of the Labor Code 2019, there are provisions on the right of pregnant female employees to unilaterally terminate or suspend their employment contracts as follows:

1. Where a female employee is pregnant and obtains a confirmation from a competent health facility which states that if she continues to work, it may adversely affect her pregnancy, she shall have the right to unilaterally terminate or suspend the employment contract.

In case of unilateral termination or suspension of the employment contract, a notification enclosed with the aforementioned confirmation from the health facility shall be submitted to the employer.

2. In case of suspension of the employment contract, the suspension period shall be agreed by the employer and the employee and must not be shorter than the period specified by the health facility. If the rest period is not specified by the health facility, both parties shall negotiate the suspension period.

Thus, according to the above provisions in Vietnam, if your continued work will adversely affect your pregnancy, you have right to unilaterally terminate the labor contract. So you can rest to ensure health.

Do pregnant women need to give notice in advance to unilaterally terminate their employment contract due to a foetal derangement in Vietnam?

Pursuant to Article 35 of the 2019 Labor Code, the right of an employee to unilaterally terminate a labor contract is as follows:

1. An employee shall have the right to unilaterally terminate the employment contract, provided he/she notices the employer in advance:

a) at least 45 days in case of an indefinite-term employment contract;

b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;

c) at least 03 working days in case of an employment contract with a fixed term of under 12 months;

d) The notice period in certain fields and jobs shall be specified by the government.

2. An employee is shall have the right to unilaterally terminate the employment contract without prior notice if he/she:

a) is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of this Labor Code;

b) is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.

c) is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;

d) is sexually harassed in the workplace;

dd) is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.

e) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or

g) finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this Labor Code in a manner that affects the performance of the employment contract.

According to this Article, when you have to leave work due to a foetal derangement, you have the right to leave without prior notice to the employer. If you take a leave in this case, your resignation is not considered illegal unilateral termination of the labor contract, so you will still be entitled to benefits in accordance with the law in Vietnam.

Best Regards!