Pregnant Female Employees Have the Right to Unilaterally Terminate the Labor Contract

09:15, 10/07/2024

This is a notable content in Decree 85/2015/ND-CP detailing a number of provisions of the Labor Code concerning policies for female laborers.

LD nu mang thai duoc don phuong cham dut HDLD, Nghi dinh 85/2015/ND-CP

Illustrative image (source: internet)

According to Article 8 of Decree 85/2015/ND-CP, it is stipulated that pregnant female laborers, if having a certification from an authorized medical facility that continuing to work will adversely affect the fetus, have the right to unilaterally terminate the labor contract or suspend the execution of the labor contract. However, they must notify the employer in advance, accompanied by the recommendation from the authorized medical facility that continuing to work will adversely affect the fetus.

Regarding the notice period for unilaterally terminating or suspending the labor contract, it is determined based on the period indicated by the authorized medical facility.

It should be noted that in the case of suspending the execution of the labor contract, the suspension period is to be agreed upon between the laborer and the employer, but it must be at least equal to the period indicated by the authorized medical facility for temporary rest. If there is no indication from the authorized medical facility regarding the temporary rest period, both parties shall agree on the suspension period of the labor contract.

See the full text of the regulation at Decree 85/2015/ND-CP, effective from November 15, 2015.

Thu Ba

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