A fine of up to 20 million dong if female workers are not allowed to take a 30-minute break on the “red light” day.

The Government has just issued Decree 12/2022/ND-CP stipulating penalties for administrative violations in the field of labor, social insurance, and Vietnamese workers working abroad under contracts, in which: regulations that do not allow female employees to take a 30-minute break on a "red light" day will be fined up to 20 million VND.

A fine of up to 20 million dong if female employees are not allowed to take a 30-minute break on the “red light” day.

A fine of up to 20 million dong if the female employee is not allowed to take a 30-minute break on the "red light" day (Artwork)

Specifically, at Point dd, Clause 2, Article 28 of Decree 12/2022/ND-CP stipulates as follows:

A fine of between VND 10-20 million shall be imposed on employers who do not allow female employees to take a 30-minute break per day during menstruation, unless otherwise agreed by both parties.

Previously, the act of not giving female employees a 30-minute break per day during menstruation was fined from 500,000 VND to 1 million VND (according to point b, clause 1, Article 27 of Decree 28/2020/ND-CP ).

Thus, employers who do not allow female employees to take a 30-minute break on a "red light" day can be fined up to 20 million VND instead of 1 million VND as before.

In addition, a fine of 10-20 million dong also applies to employers who commit one of the following acts:

- Employing employees who are pregnant from the 7th month or from the 6th month if working in highlands, remote areas, border areas, islands, to work overtime or work at night or go on a business trip;

- Employing employees who are raising children under 12 months old to work overtime or work at night or go on a business trip, unless otherwise agreed by the employee;

- Failing to change jobs or reduce working hours for female employees doing heavy, hazardous, dangerous or particularly heavy, hazardous or dangerous jobs or jobs or jobs that affect them. detrimental to the reproductive function and child rearing during pregnancy that the employee has notified to the employer according to the provisions of Clause 2, Article 137 of the Labor Code , unless otherwise agreed upon by the two parties;

- Not allowing female employees to take 60 minutes off every day while raising children under 12 months of age, unless otherwise agreed by both parties;

- Failing to guarantee jobs for employees as prescribed in Article 140 of the Labor Code ;

- No priority is given to entering into a new labor contract in case the labor contract expires while the female employee is pregnant or raising a child under 12 months old;

- Handling labor discipline for female employees who are pregnant or on maternity leave in accordance with the law on social insurance; handle labor discipline for employees who are raising children under 12 months old;

- Fire or unilaterally terminate the labor contract with the employee for reasons of marriage, pregnancy, maternity leave or raising a child under 12 months old, unless the employer being an individual dies. has been declared by a court to have lost his civil act capacity, is missing or dead, or the non-individual employer has terminated its operation, or has been notified by a specialized business registration agency under the provincial People's Committee. report that there is no legal representative, the person is authorized to perform the rights and obligations of the legal representative but not to the extent of criminal prosecution;

- Failing to provide sufficient information about the hazardous nature, risks, and requirements of the job for employees to choose from and failing to ensure occupational safety and health conditions for employees as prescribed when using employing them to do jobs on the list of occupations and jobs that adversely affect reproductive function and child rearing;

- Do not install a room to express or store breast milk at the workplace when employing 1,000 or more female employees. (New content added)

In addition to applying the above fine, Decree 12/2022 also prescribes a number of remedial measures as follows:

- Forcing the employer to pay the female employee a salary corresponding to the time the female employee is not allowed to take a break during menstruation as prescribed by law;

- Forcing the employer to pay the female employee a salary corresponding to the time the female employee is not allowed to take leave during the period of raising a child under 12 months old as prescribed by law;

- Forcing the employer to accept the employee back to work when there is a breach of dismissal or unilateral termination of the labor contract with the female employee.

Decree 12/2022/ND-CP takes effect from January 17, 2022.

Jewel

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