Fine up to 1 million VND for enterprises not granting leave on "red light" days

According to the Decree, during menstruation, female employees are entitled to a 30-minute break each day for a minimum of 3 days per month while still receiving full wages as per the labor contract. Depending on the actual conditions at the workplace and the needs of the female employees, the employer and the employee can agree on a specific break time.

Despite the regulation, its implementation is often impractical, and most businesses or companies tend to ignore this "perquisite" for female employees.

From the employer's perspective, this regulation on break time affects work efficiency, especially in production line companies that employ many female workers. If employees take a 30-minute break for 3 days every month, it disrupts the production process, reducing labor productivity, and fails to ensure the quantity and quality of products, directly impacting the business operations.

From the employee's perspective, there is an additional concern when requesting a break from the employer, particularly from male managers. Female employees often feel reluctant to state the reason for their leave; it is not simple to say, "I'm on my period, please allow me to take a break!" Moreover, verifying menstrual leave is challenging; how can female employees prove they are on their cycle to take the break? They cannot visit a medical facility to get a certification as evidence, and employers also find it difficult to verify, primarily relying on mutual trust.

There have been proposals to implement the regulation, such as having a female timekeeping department to monitor the health status of female employees, and organizing flexibly and adjusting work structures accordingly.

Depending on each company's conditions, implementation can be flexible. If the regulation is not applied for female employees to rest, the company can calculate wages based on time. They can convert the 30-minute break time into the number of products made during that period and convert it into monetary compensation added to their wages.

In practice, although employers are aware of such regulations, they often do not allow female employees to take breaks as per these policies. So, how does the law handle such violations?

According to Clause 1 Article 18 of the Decree 95/2013/ND-CP on handling administrative violations in the field of labor, social insurance, and sending Vietnamese laborers to work abroad under contracts, the employer may be fined or given a warning or fined 500,000 VND to 1,000,000 VND if they do not allow female employees to take a 30-minute break each day during menstruation.

With the above contents, it is hoped that the legitimate rights of female employees can be protected while employers should grasp this regulation to implement good policies for female employees.

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