Vietnam: Remarks for employees on maternity leave during the Lunar New Year Holiday 2021

Vietnam: Remarks for employees on maternity leave during the Lunar New Year Holiday 2021 (Illustrative photo)

According to current law regulations, employees on maternity leave during the Lunar New Year Holiday 2021 should pay attention to the following contents:

1. Female employees on maternity leave during the Lunar New Year Holiday 2021 will not be entitled to compensatory time off

According to the provisions of Clause 1, Article 34 of the Social Insurance Law 2014, female employees giving birth are entitled to take maternity leave before and after giving birth for 6 months. In case of twins or more, the mother is entitled to an additional 1 month of leave for each child. The maternity leave period before giving birth must not exceed 2 months.

Simultaneously, the Social Insurance Law 2014 clearly stipulates that the maternity leave period includes public holidays, Tet holidays, and weekly breaks.

Therefore, female employees in Vietnam will not be entitled to compensatory time off if their maternity leave period coincides with the upcoming Lunar New Year Holiday 2021.

2. Female employees on maternity leave during Lunar New Year Holiday 2021 are still entitled to full pay

According to the provisions of Point b, Clause 1, Article 112 of the 2019 Labor Code, employees are entitled to 5 fully paid days off during the Lunar New Year Holiday. Simultaneously, Clause 7, Article 34 of the Social Insurance Law 2014 stipulates that the maternity leave period includes public holidays, Tet holidays, and weekly breaks. Therefore, female employees on maternity leave during the Lunar New Year Holiday 2021 are still entitled to full pay.

Female employees giving birth who participate in social insurance will receive monthly maternity benefits as stipulated, equivalent to 100% of the average monthly salary on which social insurance premiums were based for the 6 months preceding the maternity leave.

3. Female employees on maternity leave during Lunar New Year Holiday 2021 may still receive Tet bonuses, 13th-month salary

According to the provisions of Article 104 of the Labor Code 2019, a bonus means an amount of money, a piece of property or item that is provided by an employer for his/her employees on the basis of the business performance or the employees’ performance. A bonus regulation shall be decided and publicly announced at the workplace by the employer after consultation with the representative organization of employees (if any).

The Tet bonus and 13th-month salary for employees in Vietnam, including female employees on maternity leave, are decided by the enterprise based on two factors: (1) business performance; (2) the employees’ performance. Vietnamese law does not rigidly stipulate or obligate employers to award Tet bonuses and 13th-month salaries to employees. Therefore, female employees on maternity leave during the Lunar New Year Holiday 2021 may still receive Tet bonuses and 13th-month salary based on the decision of the enterprise.

Above are some remarks for employees on maternity leave during the Lunar New Year Holiday 2021. One notable content is that female employees on maternity leave during the Lunar New Year Holiday 2021 will not be entitled to compensatory time off.

Thuy Tram

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