Vietnam: Female workers who work full-time during menstruation will be paid additional wages from 2021

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 with full salary as stipulated in the employment contract.”

According to Clause 3 Article 80 of the Decree No. 145/2020/NĐ-CP of Vietnam’s Government, the above provision is guided as follows:

- During menstruation period, female employees are entitled to a daily break of 30 minutes which will be included in their working time and fully paid under their employment contracts. The number of days of menstrual leave shall be negotiated by both parties according to the working conditions and the needs of the female employees but must be at least 03 working days per month. Specific days of leave of each month shall be informed by the employee to the employer;

- In case a female employee wishes to have more flexible rest periods, both parties shall negotiate rest periods that are appropriate for both the working conditions and the needs of the female employee;

- In case a female employee does not have the need to take menstrual leave and 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 works done by her during the period of menstrual leave to which she is entitled. The untaken menstrual leave shall not be included in her overtime work.

This is a new regulation compared to those of the Labor Code 2012 and Decree No. 45/2013/NĐ-CP, thus, from January 01, 2021, during menstruation period, in case a female employee does not have the need to take menstrual leave and 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 works done by her during the period of menstrual leave to which she is entitled. The untaken menstrual leave shall not be included in her overtime work.

Therefore, female employees should understand this regulation in order to maximize their benefits before entering the new year.

Decree No. 145/2020/NĐ-CP of Vietnam’s Government will take effect from February 01, 2021 and abolish 13 Decrees guiding the Labor Code 2012.

Le Hai

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