The 2019 Labor Code, which is in effect, will continue to implement policies protecting pregnant female employees. Pregnant female employees should take note of the following issues to safeguard their rights.
Article table of contents
From January 01, 2021, Issues to be noted by pregnant female employees in Vietnam (Illustration)
1. Pregnant female employees can temporarily suspend employment contracts
Pregnant female employees can temporarily suspend employment contracts as stipulated in Point d, Clause 1, Article 30 of the Labor Code 2019.
To be specific, Article 138 of the Labor Code 2019 stipulates that pregnant female employees with a certification from an authorized medical facility stating that continued work would adversely affect the fetus have the right to temporarily suspend the labor contract.
Thus, the condition for a pregnant female employee to temporarily suspend the labor contract in this case must be a certification from an authorized medical facility.
Note: Pregnant female employees must notify the employer accompanied by the certification from an authorized medical facility that continued work would adversely affect the fetus.
2. Pregnant female employees have the right to unilaterally terminate employment contracts
As stipulated in Point dd, Clause 2, Article 35 of the Labor Code 2019, pregnant female employees must leave work and have the right to unilaterally terminate employment contracts without prior notice to the employer.
The conditions and procedures for unilaterally terminating employment contracts when pregnant female employees are similar to those for temporarily suspending employment contracts. In this case, female employees must also have certification from an authorized medical facility that continued work would adversely affect the fetus. Although notice is not required, pregnant female employees must inform the employer.
3. Employers are not allowed to "fire" pregnant female employees
This is an important provision stipulated in Article 37 of the Labor Code 2019 regarding the cases in which employers are not allowed to unilaterally terminate employment contracts. Specifically:
Article 37. Cases in which the employer is not allowed to unilaterally terminate employment contracts
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3. female employees who are pregnant; employees taking maternity leave or raising children under 12 months of age.
Thus, employers are not allowed to "fire" pregnant female employees, regardless of the reason. This is a crucial labor law policy aimed at protecting pregnant female employees. Because during pregnancy, due to health reasons, the work assigned by the employer to pregnant female employees may be somewhat affected. It prevents employers from using this as a pretext to dismiss the employee, which could negatively impact the lives of pregnant female employees.
4. Employers are not allowed to discipline pregnant female employees
Under Article 122 of the Labor Code 2019 regarding principles, procedures, and steps for labor discipline, labor discipline cannot be imposed on employees in the following periods:
- Taking sick leave or convalescence; leave approved by the employer;- Being temporarily detained or imprisoned;- Awaiting the results of an investigation by a competent authority concerning violations stipulated in Clauses 1 and 2 of Article 125 of this Code;- female employees who are pregnant; employees taking maternity leave, and those raising children under 12 months of age.
Employers are not allowed to impose labor discipline when female employees are pregnant.
5. Important maternity protection policies for pregnant female employees
First, pregnant female employees from the 7th month or the 6th month if working in highland, remote, border, or island areas do not have to work at night, overtime, or go on long business trips.
Second, pregnant female employees, who meet the following conditions, can be transferred to lighter, safer work or have their working hours reduced by 1 hour daily without a reduction in wages, rights, and benefits until the child is 12 months old:
- Engaging in strenuous, harmful, or dangerous work/specially strenuous, harmful, or dangerous work/jobs negatively affecting reproductive functions and childbearing;- Have informed the employer.
This issue was stipulated in the Labor Code 2012 as follows:
female employees doing strenuous work from the 7th month of pregnancy can be transferred to lighter work or have their working hours reduced by 1 hour daily while retaining full wages.
Regarding this issue, the Labor Code 2019 has been revised to specify the beneficiaries, conditions, and durations.
Third, employers are not allowed to dismiss or unilaterally terminate employment contracts with employees due to pregnancy.
If the labor contract expires during the time a female employee is pregnant or raising a child under 12 months of age, the employee is prioritized for a new labor contract.
6. Pregnant female employees can take up to 2 months off before giving birth
According to Article 139 of the Labor Code 2019, female employees are entitled to maternity leave for 6 months before and after childbirth, with the pre-birth leave not exceeding 2 months.
Additionally, during maternity leave, female employees are entitled to maternity policies under the law on social insurance.
Thuy Tram
