How many minutes of daily break are allowed for female employees during their menstruation period in Vietnam?

How many minutes of daily break are allowed for female employees during their menstruation period in Vietnam?

In Clause 3, Article 80 of Decree 145/2020/ND-CP stipulating menstrual leave and rest breaks during menstruation:

3. Menstrual leave and rest breaks during menstruation:

a) During menstruation period, female employees are entitled to a daily break of 30 minutes which will be included in their working time and fully paid under their employment contracts. The number of days of menstrual leave shall be negotiated by both parties according to the working conditions and the needs of the female employees but must be at least 03 working days per month. Specific days of leave of each month shall be informed by the employee to the employer;

b) In case a female employee wishes to have more flexible rest periods, both parties shall negotiate rest periods that are appropriate for both the working conditions and the needs of the female employee;

c) In case a female employee does not have the need to take menstrual leave and the employer allows her to work, she will be entitled to, in addition to the salary mentioned in Point a of this Clause, an extra salary that corresponds to the amount of works done by her during the period of menstrual leave to which she is entitled. The untaken menstrual leave shall not be included in the her overtime work.

Thus, female employees during menstruation period are allowed to a daily break of 30 minutes which will be included in their working time and still receive full salary according to the labor contract. The number of days off during menstruation will be agreed between you and the company but must not exceed 3 days in a month in Vietnam. 

On the other hand, if a female employee does not have a need for leave and the employer agrees, in addition to the salary she is entitled to under the labor contract, the female employee will also be paid an additional amount of works done by her during the period of menstrual leave in Vietnam.

How much is fine for failing to allow a female employee to take break in every working day during her menstruation period in Vietnam?

Pursuant to Clauses 2 and 3, Article 28 of Decree 12/2022/ND-CP stipulating violations against regulations on female employees and assurance of gender equality 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.

3. Remedial measures

a) The employer that commits the violation in Point d Clause 2 of this Article is compelled to pay salary to the female employee for the period of breaks that she is not allowed to take during her menstruation period as prescribed by law;

b) The employer that commits the violation in Point dd Clause 2 of this Article is compelled to pay salary to the female employee for the period of breaks that she is not allowed to take during the period when she is nursing a child under 12 months of age as prescribed by law;

c) The employer that commits the violation specified in Point i Clause 2 of this Article is compelled to reinstate employees.

According to Clause 1, Article 6 of Decree 12/2022/ND-CP stipulating fine levels:

1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.

Therefore, if the company does not let you rest during your period, the company will be fined 20,000,000 to 40,000,000 VND in Vietnam. In addition, the company must also pay you a salary corresponding to the time you are not allowed to take a break during your period.

Best Regards!