The law in Vietnam specifies in detail the rights exclusively for female employees who are pregnant and have young children. To ensure legitimate benefits for themselves, pregnant female employees need to be aware of the following 08 rights.
Article table of contents
08 rights of pregnant female employees in Vietnam from January 01, 2021 (Illustration Image)
According to the provisions of the 2019 Labor Code (which will take effect from January 01, 2021) and the 2014 Social Insurance Law, pregnant female employees are entitled to the following benefits:
1. Pregnant female employees have the right to suspend or unilaterally terminate the labor contract
According to the provisions of Clause 2, Article 35 and Article 138 of the 2019 Labor Code, if pregnant female employees have a certification from a competent medical facility regarding the continuation of work adversely affecting the fetus, they have the right to unilaterally terminate the labor contract or suspend the performance of the labor contract.
Note: In the case of unilaterally terminating or suspending the labor contract, they must notify the employer with a certification from a competent medical facility regarding the continuation of work adversely affecting the fetus. The suspension period is agreed upon by both parties but must be at least equal to the time specified by the competent medical facility for temporary rest.
2. Enterprises in Vietnam are not allowed to use pregnant female employees for night shifts, overtime, and distant business trips
According to Clause 1, Article 137 of the 2019 Labor Code, employers are not allowed to use laborers for night shifts, overtime, and distant business trips in the case of pregnant female employees from the 7th month or the 6th month if working in highlands, remote, border, and island areas.
Additionally, enterprises will be fined from 10,000,000 VND to 20,000,000 VND if they use pregnant female employees from the 7th month or the 6th month if working in highlands, remote, border, and island areas for overtime, night shifts, and distant business trips. (based on Point a, Clause 2, Article 27 of Decree 28/2020/ND-CP)
3. Pregnant female employees can switch to lighter, safer work or reduce daily working hours by 1 hour
According to Clause 2, Article 137 of the 2019 Labor Code, pregnant female employees performing heavy, toxic, hazardous or highly toxic, hazardous jobs or jobs adversely affecting reproductive and child-rearing functions when pregnant and notifying the employer can switch to lighter, safer work or reduce daily working hours by 1 hour without pay reduction and without the cutting of salaries, rights, and benefits until the child is under 12 months old.
Simultaneously, if pregnant female employees has notified the enterprise which does not comply with switching work or reducing working hours for pregnant female employees, they will be fined from 10,000,000 VND to 20,000,000 VND. (based on Point b, Clause 2, Article 27 of Decree 28/2020/ND-CP)
4. Enterprises in Vietnam are not allowed to unilaterally terminate labor contracts with pregnant female employees
According to Clause 3, Article 37 and Clause 3, Article 137 of the 2019 Labor Code, enterprises are not allowed to dismiss or unilaterally terminate labor contracts with pregnant female employees.
Thus, if enterprises unilaterally terminate labor contracts in the case of pregnant female employees, it is considered an illegal unilateral termination of the labor contract. Therefore, enterprises will be sanctioned as follows:
- Must pay salaries, social insurance, health insurance, and unemployment insurance for the days the employee did not work and additionally pay the employee at least 2 months' salary according to the labor contract.
- Will be fined from 10,000,000 VND to 20,000,000 VND when dismissing or unilaterally terminating labor contracts with pregnant female employees.
- Will be administratively sanctioned for illegally unilaterally terminating labor contracts.
5. During the period when pregnant female employees contracts expire, they are prioritized for new labor contracts
Clause 3, Article 137 of the 2019 Labor Code stipulates that if labor contracts expire during the period when female labor is pregnant or nursing a child under 12 months old, they will be prioritized for new labor contracts.
6. Pregnant female employees is not subjected to labor discipline
According to the provisions of Point d, Clause 4, Article 122 of the 2019 Labor Code, labor discipline cannot be enforced on pregnant female employees.
Additionally, enterprises that enforce labor discipline on pregnant female employees will be fined from 10,000,000 VND to 20,000,000 VND. (based on Point e, Clause 2, Article 27 of Decree 28/2020/ND-CP)
7. Pregnant female employees can return to work before the end of maternity leave
Based on Clause 1, Article 40 of the 2014 Social Insurance Law, pregnant female employees can return to work before the end of the maternity leave period if they have taken at least 4 months of leave and have notified and obtained the employer's consent.
8. Pregnant female employees is entitled to rest for recovery after maternity leave
According to the provisions of Article 41 of the 2014 Social Insurance Law, pregnant female employees is entitled to rest for recovery from 5 to 10 days if their health has not recovered within 30 days after returning to work immediately following maternity leave.
Ty Na
- Key word:
- pregnant female employee
- female employee
- Vietnam
