On the occasion of Vietnamese Women's Day, October 20, Thu Ky Luat respectfully introduces some legal policies for female workers to help them grasp and protect their legitimate rights.
Article table of contents
30-Minute Break During Menstruation
Article 7 of Decree 85/2015/ND-CP stipulates that female employees are entitled to a 30-minute break per day during menstruation, for a minimum of 3 days per month. The specific break time will be agreed upon by the employee and employer based on actual working conditions and the needs of the female employee.
Female employees on menstrual leave are still entitled to full salary as per their labor contract.
Enterprises that do not allow female employees to take menstrual leave as stipulated shall be warned or fined from VND 500,000 to VND 1,000,000 (Clause 1, Article 18 of Decree 95/2013/ND-CP).
60-Minute Break for Nursing Children Under 12 Months Old
According to regulations, during the nursing period of children under 12 months old, female employees are entitled to a 60-minute break each day for breastfeeding, expressing, storing milk, and resting. Depending on actual working conditions, the needs of the female employees, and the capabilities of the employer, a room for expressing and storing breast milk may be installed.
Time spent on these breaks is still paid in full according to the labor contract.
If enterprises do not allow female employees nursing children under 12 months old to take these breaks, they shall be fined from VND 10,000,000 to VND 20,000,000 (Clause 2, Article 18 of Decree 95/2013/ND-CP).
Specialist Gynecological Examination Every 6 Months
Article 152 of the Labor Code 2012 stipulates that employers must annually organize periodic health examinations for employees. Female employees must have a specialist gynecological examination at least every six months according to the list of specialist gynecological examinations.
Maternity Leave for Female Employees
According to regulations, female employees during pregnancy are entitled to the following policies:
- Leave before and after childbirth for 6 months;- In the case of multiple births (twins or more), starting from the second child, the mother is entitled to an additional 1-month leave for each additional child;- The leave period before childbirth shall not exceed 2 months;- At the end of the maternity leave period as stipulated if necessary, the female employee can extend the leave without pay upon agreement with the employer.
Before the end of the stipulated maternity leave, if necessary, and confirmed by a competent healthcare facility that early return to work will not harm the employee’s health, and with the employer’s consent, the female employee may return to work after at least 4 months of leave. In this case, besides the salary for working days, the female employee will continue to receive maternity benefits as per the law on social insurance.
Support for Female Employees with Childcare and Nursery Services
Labor laws stipulate that employers, depending on specific conditions, should develop plans to assist, support, build nurseries, or kindergarten classes or subsidize a portion of childcare or kindergarten expenses for female employees with children of nursery or kindergarten age in cash or kind. The level and period of support are to be agreed upon between the employer and the female employees' representatives.
Right to Unilaterally Terminate or Suspend Contracts
According to regulations, pregnant female employees with certification from a competent healthcare facility indicating that continued work would adversely affect the fetus have the right to unilaterally terminate the labor contract or suspend its execution but must notify the employer in advance with the certification from the hospital.
No Disciplinary Action Against Pregnant Female Employees
Article 123 of the Labor Code 2012 provides the principle of not disciplining female employees in the following two cases:
- Pregnant female employees on maternity leave;- Female employees nursing children under 12 months old.
Enterprises that discipline female employees in the above two cases will be fined from VND 10,000,000 to VND 20,000,000 (Clause 2, Article 18 of Decree 95/2013/ND-CP).
Furthermore, according to Article 162 of the Criminal Code 2015 (amended and supplemented in 2017), illegal dismissal of pregnant women or individuals nursing children under 12 months old causing serious consequences can result in fines ranging from VND 100,000,000 to VND 200,000,000 or imprisonment from 1 to 3 years.
Tax Reduction for Enterprises Employing Many Female Workers
Article 21 of Circular 78/2014/TT-BTC stipulates that enterprises operating in manufacturing, construction, and transportation employing from 10 to 100 female workers, where female employees account for over 50% of the total regular workforce, or employing over 100 female workers where female employees account for over 30% of the total regular workforce of the enterprise, shall be eligible for corporate income tax reductions corresponding to the actual additional expenses for female workers as guided in sub-point a, point 2.9, Clause 2, Article 6 of Circular 78, if they can separately account for these expenses.
