Eligible for Overtime Work if Raising a Child Under 12 Months Old? Female Workers Raising Children Allowed to Leave Work 1 Hour Early?
Are you allowed to work overtime if you are raising a child under 12 months old?
I am currently working at an import-export company and raising a 9-month-old child; however, I also want to work overtime. Am I allowed to do so?
Answer: Based on Point b Clause 1 Article 137 of the Labor Code 2019 which stipulates the following:
- Employers are not allowed to employ workers for night shifts, overtime, or work trips in the following cases:
a) Pregnant women from the 7th month or from the 6th month if working in highlands, remote areas, borders, islands;
b) Raising a child under 12 months old, except in cases where the employee consents.
According to the above regulation, although you are raising a child under 12 months old, if you can agree with your employer, you can still work overtime as per the regulations.
Can female workers raising children leave work 1 hour early?
I would like to ask, I am currently raising an 8-month-old child. Can I negotiate with the company to leave work 1 hour early? Is there a law that specifies this?
Answer: Based on Clause 4 Article 137 of the Labor Code 2019 regarding maternity protection as follows:
Female workers during menstruation are entitled to 30 minutes off each day, and those raising children under 12 months old are entitled to 60 minutes off each day during working hours. This rest period is still fully paid according to the labor contract.
Thus, in your case, you can fully negotiate with the company to leave at the end of the workday or start 1 hour late because you are entitled to 60 minutes off each day during working hours. You can use this regulation as a basis to negotiate rest time with your employer.
Rest period for women raising twins under 12 months old?
Question: According to current legal regulations, female workers raising children under 12 months old are entitled to 60 minutes off, and this rest period is counted as working hours. So, if female workers give birth to twins and raise children under 12 months old, will the rest period be added or extended beyond 12 months?
Answer: According to Clause 4 Article 137 of the Labor Code 2019, it is stipulated as follows regarding the rest period for women raising twins under 12 months old:
Female workers during menstruation are entitled to 30 minutes off each day, and those raising children under 12 months old are entitled to 60 minutes off each day during working hours. This rest period is still fully paid according to the labor contract.
=> Thus, according to the above regulation, women raising children under 12 months old are entitled to 60 minutes off each day, and this rest period is counted as working hours. If you give birth to twins, the rest period within the day remains 60 minutes and extends until your children turn 1 year old.
Sincerely.
