Can female employees refuse to go on a long distance working trip in Vietnam?

Can female employees refuse to go on a long distance working trip in Vietnam?

In Clause 3, Article 3 of Circular 10/2020/TT-BLDTBXH stipulating major contents of an employment contract, according to which:

3. Jobs and workplace:

a) Jobs: jobs that the employee has to perform;

b) Workplace: location and scope that the employee will perform the job as agreed; if the employee perform the job on a regular basis in varied locations, specify them.

According to Clause 1, Article 137 of the 2019 Labor Code, maternity protection is provided, specifically as follows:

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.

According to this Article, if there is a pre-agreement between you and the company about the work requiring long-distance trip in the labor contract, you are responsible for complying with that agreement in Vietnam. 

However, now that you are 7 months pregnant, according to the labor law in Vietnam, you are allowed to refuse to make this long distance working trip.

How much is fine for requiring employees to go on a long distance working trip in Vietnam?

According to Clause 2, Article 28 of Decree 12/2022/ND-CP stipulates as follows:

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an employer for commission of one of the following violations:

a) Requiring a female employee who reaches her seventh month of pregnancy, or her sixth month of pregnancy when working in upland, remote, border and island areas, to work overtime, work at night or go on a long distance working trip;

b) Requiring a female employee who is raising a child under 12 months of age to work overtime, work at night or go on a long distance working trip, unless otherwise agreed by the employee;

c) Failing to reassign a female employee who is performing an arduous, hazardous and dangerous work or job, or an extremely arduous, hazardous and dangerous work or job, or any work or job that might negatively affect her maternity and child nursing, to a less arduous or safer work or reduce her working hours when being informed by her of pregnancy as prescribed in Clause 2 Article 137 of the Labour Code, unless otherwise agreed by two parties;

d) Failing to allow a female employee to take a 30-minute break in every working day during her menstruation period, unless otherwise agreed by two parties;

dd) Failing to allow a female employee who is nursing a child under 12 months of age to take a 60-minute break in every working day, unless otherwise agreed by two parties;

e) Failing to ensure employment for employees as prescribed in Article 140 of the Labour Code;

g) Failing to prioritize the conclusion of a new employment contract with a female employee who is pregnant or nursing a child under 12 months of age upon expiration of her employment contract;

h) Taking disciplinary measures against a female employee during her pregnancy or maternity leave in accordance with regulations of laws on social insurance; taking disciplinary measures against a female employee who is nursing a child under 12 months of age;

i) Dismissing or unilaterally terminating the employment contract with an employee due to his/her marriage, pregnancy, maternity leave, or nursing of 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 operations, declared by a business registration authority affiliated to the provincial People’s Committee that it does not have a legal representative or a person authorized to perform the legal representative’s rights and obligations, if not liable to criminal prosecution;

k) Failing to provide adequate information on the hazards, risks and requirements of the works for their employees to serve their decision making and failing to ensure OSH conditions for employees when assigning them to perform any of the works included in the list of jobs and works that are harmful to child-bearing and parenting functions;

l) Failing to set up a lactation room at the workplace when employing 1.000 female employees or more.

Thus, when you are pregnant from the 7th month and the company still forces you to go on a long distance working trip in Vietnam, the company may be fined from VND 20,000,000 to VND 40,000,000.

Is it possible for enterprises to support allowance for travelling when going on a long distance working trip in Vietnam? 

Pursuant to Article 4 of Circular 96/2015/TT-BTC amending Point 2.8, Clause 2, Article 6 of Circular 78/2014/TT-BTC with the following provisions:

2.9. Expenditure on provision of leave travel allowance for employees on leave against regulations of the Labor Code.

Allowance for employees on business trips, allowance for travelling and accommodation of employees on business trips will be deductible expenses when calculating taxable income if they have adequate invoices. If the enterprise pays for the traveling, accommodation, and allowance of employees on business trips in accordance with its financial regulations or rules, such amounts will be deductible.

In case the enterprise sends an employee on a business trip (whether at home or overseas), every payment that reaches VND 20 million or above and payment for air tickets that are made with individuals’ banking cards will be considered non-cash payments  and deductible if all of the conditions below are satisfied:

- There are valid invoices issued by the goods or service provider.

- The enterprise has a business trip order.

- The enterprise’s financial regulations or rules allow its employees to pay the trip expenses, air tickets with their personal banking cards and get reimbursed by the enterprise.

In case the enterprise buys an air ticket on a website for one of its employee to go on a business trip serving its business operation, the proof of deductible expense shall be the electronic ticket, the boarding pass, and proof of non-cash payments that bear the name of the traveling employee. If the enterprise fails to collect the boarding pass, the proof of deductible expense shall be the electronic ticket, the business trip order, and the proof of non-cash payments.

According to this Article, the enterprise will pay business trips, allowance for travelling and accommodation for employees on business trips if there are sufficient invoices and documents in Vietnam.

Best Regards!