What benefits do I get when I return to work before the expiry of my statutory maternity leave in Vietnam? Do I have to give prior notice after taking maternity leave in Vietnam?

If an employee resigns during maternity leave, does the company have to make a decision to terminate the employment contract in Vietnam?

My company has 1 employee who is enjoying maternity leave (until June 2020). But her employment contract expires on March 19, 2020 and she has no need to extend the contract anymore. So is our decision to terminate the employment contract in accordance with the law? Thank!

Answer: Clause 3, Article 137 of the 2019 Labor Code stipulates:

3. The employer must not dismiss an employee or unilaterally terminate the employment contract with an employee due to his/her marriage, pregnancy, maternity leave, or nursing 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 operation, declared by a provincial business registration authority that it does not have a legal representative or a person authorized to perform the legal representative’s rights and obligations.

Upon expiration of the employment contract with female employee who is pregnant or nursing a child under 12 months of age, conclusion of a new employment contract shall be given priority.

According to Clause 1, Article 34 of the 2019 Labor Code:

Cases of termination of an employment contract

1. The employment contract expires, except for the case specified in Clause 4 Article 177 of this Code.

Thus, when the contract expires and either party does not re-sign it, the contract is considered terminated, and the company is not required to make a decision to terminate the employment contract. Note that companies are not allowed to unilaterally terminate employment contracts with employees on maternity leave. In case both parties agree to terminate the contract or the contract expires, the company does not violate this regulation in Vietnam.

What benefits do I get when I return to work before the expiry of my statutory maternity leave in Vietnam? Do I have to give prior notice after taking maternity leave in Vietnam? (Image from the Internet)

What benefits do I get when I return to work before the expiry of my statutory maternity leave in Vietnam?

I have been on maternity leave for 3 months and now want to go back to work because my health is good and my family is having difficulties so I want to return to work. Please advise me if I go back to work at the company now, what benefits will I receive?

Answer: Pursuant to the provisions of Clause 1, Article 139 of the 2019 Labor Code:

1. A female employee is entitled to 06 months of prenatal and postnatal leave; the prenatal leave period shall not exceed 02 months.

In case of a multiple birth, the leave shall be extended by 01 month for each child, counting from the second child.

Clause 4 of Article 139 of the 2019 Labor Code also determines:

4. The female employee may return to work before the expiry of her statutory maternity leave stipulated in Clause 1 of this Article after she has taken at least 04 months of leave, provided she has obtained a confirmation from a competent health facility that the early resumption of work does not adversely affect her health, the employer receives a prior notice of the early resumption and agrees to the early resumption. In this case, besides the salary of the working days, which is paid by the employer, the female employee shall continue to receive the maternity allowance in accordance with social insurance laws.

Thus, according to this regulation in Vietnam, after taking maternity leave for at least 4 months, you can go back to work.

The benefits you will receive when returning to work before the expiry of your statutory maternity leave will include:

- The salary for the work you are in charge of is paid by the company;

- Maternity benefits paid by the social insurance agency;

- While raising a child under 12 months old, you are entitled to a 60-minute break every day during working hours. During the time off, you will still receive full salary according to the labor contract (Clause 4, Article 137 of the 2019 Labor Code).

Note: In order to return to work, you must have the company's approval and must receive confirmation from the medical examination and treatment facility that returning to work before the expiry of your statutory maternity leave will not affect your health in Vietnam.

Do I have to give prior notice after taking maternity leave in Vietnam?

I'd like to ask, I just finished taking maternity leave and have just returned to work for 1 week. Due to the heavy workload, I don't have time to take care of my children so I want to resign my job. I wonder if I have to notify the company in advance? I signed a 24-month contract as a sales employee.

Answer: According to the provisions of Clause 1, Article 35 of the 2019 Labor Code, an employee shall have the right to unilaterally terminate the employment contract, provided he/she notices the employer in advance:

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.

Thus, in case you sign an employment contract with a fixed term of 24 months, when you want to resign your job, you must notify the company at least 30 days in Vietnam.

Best regards!