Draft of the Labor Code 2017 (expected to take effect from January 1, 2018, and replace the Labor Code 2012) has abolished the regulation that allows female employees to take a 30-minute break during menstruation.
Article table of contents
Clause 5 Article 155 of the Labor Code 2012 stipulates that female workers are entitled to a 30-minute break each day during menstruation; during the period of nursing a child under 12 months old, they are entitled to a 60-minute break each working day. The break time is fully paid as per the labor contract. This content is specifically guided by Clauses 2 and 3, Article 7 of Decree 85/2015/ND-CP as follows:
Article 7, Decree 85/2015/ND-CP
- Female workers during menstruation are entitled to breaks as follows:
a) 30 minutes daily, for at least 3 days in a month;
b) The break time is fully paid as per the labor contract;
c) The specific break time should be agreed upon between the employee and the employer, suitable to the actual working conditions and the female employee’s needs.
- Female workers nursing a child under 12 months are entitled to breaks as follows:
a) 60 minutes daily during working hours for breastfeeding, expressing milk, storing milk, and resting;
b) The break time is fully paid as per the labor contract.
The aforementioned regulation is appreciated for its 'understanding' of the suffering and fatigue of women during menstruation, as well as ensuring the rights of female workers nursing a child under 12 months old.
However, in the Draft of the Labor Code 2017, the aforementioned favorable provisions for female workers have been abolished.
Thus, if the Draft of the Labor Code 2017 is passed by the National Assembly, it can be seen that the rights of female workers will be reduced compared to the current regulations.
