Vietnam: Female employees raising children under 12 months are paid extra if they work full-time

According to Clause 4 Article 137 of the Labor Code 2019 of Vietnam, during her menstruation period, a female employee shall be entitled to a 30 minute break in every working day; a female employee nursing a child under 12 months of age shall be entitled to 60 minutes breaks in every working day with full salary as stipulated in the employment contract.

In order to detail the this provision, according to Clauses 3 and 4 Article 80 of the Decree No. 145/2020/NĐ-CP of Vietnam’s Government, rest periods while nursing a child under 12 months of age are stipulated as follows:

- Rest periods while nursing a child under 12 months of age:

+ A female employee who is nursing a child under 12 months is entitled to a daily break of 60 minutes for breastfeeding, milking and rest. This daily break time will be fully paid under the employment contract.

+ In case a female employee wishes to have more flexible rest periods, she shall negotiate with the employer about rest periods that are appropriate for both the working conditions and her needs;

+ In case a female employee does not have the need for rest the employer allows her to work, she will be entitled to, in addition to the salary mentioned above, an extra salary that corresponds to the amount of work done by her during the rest period to which she is entitled. (Previously, the Labor Code 2012 of Vietnam and Decree No. 45/2013/NĐ-CP do not regulate this provision)

Thus, according to the above provisions, a female employee who is nursing a child under 12 months is entitled to a daily break of 60 minutes for breastfeeding, milking and rest. In case a female employee does not have the need for rest the employer allows her to work, she will be entitled to, in addition to the salary mentioned above, an extra salary that corresponds to the amount of work done by her during the rest period to which she is entitled.

Besides, this Decree also encourages employers to provide dedicated rooms for milking and breast milk storage in the workplace if possible. A room for milking and breast milk storage is mandatory if the employer has at least 1000 female employees or more. The room for breast milk pumping and storage is a private area that is not a bathroom or toilet booth; has electricity and water supply, furniture, a fridge, electric fan or air conditioner. The room must be conveniently located and covered from public areas and other employees’ sight so female employees can breastfeed or pump and store their breast milk.

Concurrently, employers are encouraged to enable female employees who are nursing children aged 12 months or older to milk and store their milk in the workplace. The break time for milking and breast milk storage will be negotiated by the employer and these employees.

Ty Na

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