The 2019 Labor Code recently passed by the National Assembly has expanded the right of employers to unilaterally terminate labor contracts. However, it also restricts this right in cases where employees are pregnant or are raising a child under 12 months old.
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THE 2019 LABOR CODE (OFFICIAL)
Specifically, one of the notable new points of the 2019 Labor Code is that the employer's right to unilaterally terminate the labor contract will be restricted in the case of an employee who is pregnant or has a child under 12 months old.
According to Clause 3, Article 37 of the 2019 Labor Code, an employer is not allowed to unilaterally terminate the labor contract when the "female employee is pregnant; the employee is on maternity leave or is raising a child under 12 months old". Even if the employee falls under the circumstances of being unilaterally terminated while being pregnant or raising a child under 12 months old, the employer is not allowed to exercise the right to unilaterally terminate the labor contract.
Previously, Clause 3, Article 155 only stipulated: "employers are not allowed to dismiss or unilaterally terminate the labor contract with female employees for reasons of marriage, pregnancy, maternity leave, or raising children under 12 months old..." However, in reality, many female employees who are pregnant or raising a child under 12 months old were still unilaterally terminated by employers for other reasons such as frequently not completing tasks according to the labor contract.
Additionally, the 2019 Labor Code also emphasizes that from January 01, 2021, employers are not allowed to exercise the right to unilaterally terminate labor contracts with male employees who are raising children under 12 months old or are on leave enjoying maternity benefits according to the Social Insurance Law. In the case where the labor contract expires while a female employee is pregnant or raising a child under 12 months old, they are prioritized for signing a new labor contract.
For detailed information, see the 2019 Labor Code effective from January 01, 2021.
Toan Trung
