Do employees on maternity leave in Vietnam receive a 13th-month salary?

What are cases of enjoying the maternity benefits in Vietnam?

Pursuant to Clause 1 Article 31 of the Law on Social Insurance in 2014 stipulating conditions for enjoying the maternity benefits as follows:

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.

Do employees on maternity leave in Vietnam receive a 13th-month salary? - Image from Internet

Do employees on maternity leave in Vietnam receive a 13th-month salary?

13th-month salary is a term that is very commonly used in businesses, even though the Labor Code in 2019 and current legal documents do not have a specific definition of 13th month salary.

However, based on the actual use, 13th-month salary is a bonus that is usually agreed between the employee and the employer to be given to the employee at the end of the year (usually before the Lunar New Year holiday).

Pursuant to Article 104 of the Labor Code in 2019 stipulating bonuses as follows:

Bonuses

1. A bonus means an amount of money, a piece of property or item that is provided by an employer for his/her employees on the basis of the business performance or the employees’ performance.

2. A bonus regulation shall be decided and publicly announced at the workplace by the employer after consultation with the representative organization of employees (if any).

As regulations above, bonuses are not mandatory. The bonus will depend on production, business results, the level of completion of the employee's work, and the regulations and regulations set by the employer.

The fact that an employee on maternity leave is entitled to 13th-month salary does not depend on whether the employer's bonus regulations allow employees on maternity leave to receive 13th-month salary.

If the employee who is on maternity leave does not meet the employer's conditions to be eligible for 13th-month salary, or if the bonus regulations do not have provisions on 13th-month salary, the employee on maternity leave will not be entitled to 13th-month salary.

In 2024, how long does an employee in Vietnam have to contribute to social insurance to be eligible for maternity leave?

Pursuant to Article 31 of the Law on Social Insurance in 2014 stipulating conditions for enjoying the maternity benefits as follows:

Conditions for enjoying the maternity benefits

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.

3. To enjoy the maternity benefits, employees defined at Point b, Clause 1 of this Article 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.

4. Employees who fully satisfy the conditions specified in Clause 2 or 3 of this Article and 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 Articles 34, 36 and 38, and Clause 1, Article 39, of this Law.

As regulations above, to enjoy the maternity benefits, employees must satisfy following conditions:

- Following entities must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption:

+ Pregnant female employees;

+ Female employees giving birth to children;

+ Employees adopting under-6-month children;

- 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 must have paid social insurance premiums for at least full 3 months within 12 months before childbirth.

- Employees who fully satisfy the conditions and 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

Best regards!