Vietnam: Female employees are entitled to a daily break of 30 minutes during menstruation period

According to Article 80 of the Decree No 145/2020/NĐ-CP of Vietnam’s Government, healthcare for female employees are stipulated as follows:

1. During periodic health check-ups, female employees will be provided with gynecological examinations under the list promulgated by the Ministry of Health of Vietnam.

2. Employers are encouraged to enable female employees who are pregnant to take more leave for antenatal care according to Article 32 of the Law on Social Insurance of Vietnam.

3. Menstrual leave and rest breaks during menstruation:

- 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;

- 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;

- 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 her overtime work.

4. Rest periods while nursing a child under 12 months of age:

- A female employee who is nursing a child under 12 months is entitled to a daily break of 60 minutes for breastfeeding, milking and rest. This daily break time will be fully paid under the employment contract.

- In case a female employee wishes to have more flexible rest periods, she shall negotiate with the employer about rest periods that are appropriate for both the working conditions and her needs;

- In case a female employee does not have the need for rest 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 work done by her during the rest period to which she is entitled.

5. Employers are encouraged to provide dedicated rooms for milking and breast milk storage in the workplace if possible. A room for milking and breast milk storage is mandatory if the employer has at least 1000 female employees or more.

6. Employers are encouraged to enable female employees who are nursing children aged 12 months or older to milk and store their milk in the workplace. The break time for milking and breast milk storage will be negotiated by the employer and these employees.

View more details at the Decree No 145/2020/NĐ-CP of Vietnam’s Government, effective from February 01, 2021.

Le Vy

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE