When participating in labour relations, female employees always have the same rights and obligations as male employees, and the Law also stipulates separate policies to ensure this stance shall be maintained[1].
1. Get a gynecological examination once a year
Law on Occupational Safety and Health (2015)[2] employees are entitled to a health check at least annually and during periodical medical examinations, female employees are entitled to specialized obstetric examinations according to the list of obstetric and gynecological examinations promulgated by the Ministry of Health.
2. Take a break of 30 minutes per day during menstruation
According to the provisions of Clause 4, Article 137 of the Labour Code (2019), and Clause 3, Article 80 of Decree 145/2020/ND-CP, female employees during menstruation are entitled to a 30-minute break every day for a minimum of 3 working days per month which is counted in working hours to receive full salary according to the labour contract. In the event that there is no need for a break and the employer agrees, the female employee will be paid an additional salary corresponding to the break time while still working.
3. Take a break of 60 minutes per day off while nursing a child under 12 months of age
Also, according to Clause 4, Article 137 of the Labour Code 2019 and Clause 4, Article 80 of Decree 145/2020/ND-CP, female employees while raising children under 12 months of age are entitled to 60 minutes of rest per day during working time for breastfeeding, expressing, storing milk, and resting. The time off is still entitled to full salary according to the labour contract.
4. Transferred to lighter jobs during pregnancy and raising children under 12 months old
According to the provisions of Clause 2, Article 137 of the Labour Code (2019), in situations when female employees performing heavy, hazardous, dangerous, or particularly heavy, hazardous, or dangerous occupations or jobs, or performing occupations or jobs that adversely affect reproductive function and child rearing during pregnancy, and with notice to the employer, the employer will be obliged to convert the worker’s position to a lighter, safer job without any reduction in salary, rights, or benefits until the end of the period of nursing children under 12 months old.
5. Do not have to work nights, work overtime, or go on business trips while pregnant or raising small children
According to Clause 1, Article 137 of the Labour Code (2019), employers are not allowed to employ female employees to work at night, work overtime, and go on long business trips in cases where they are pregnant from the 7th month or from the 6th month if working in highland, deep-lying, remote areas, border areas, or islands; or are raising children under 12 months old, unless otherwise agreed by the employee.
6. To be given priority in entering a new labour contract when it expires during pregnancy or raising a small child
According to the provisions of Clause 3, Article 137 of the Labour Code (2019), in case the labour contract expires while the female employee is pregnant or raising a child under 12 months old, she shall be given priority to enter a new labour contract.
7. Not being disciplined during pregnancy and raising small children
Pursuant to Point d, Clause 4, Article 122 of the 2019 Labour Code, the employer may not take disciplinary action against female employees who are pregnant; on maternity leave or raising children under 12 months old. However, at the end of pregnancy, maternity leave, or child rearing under 12 months, female employees may still be disciplined because the statute of limitations for handling labour discipline may be prolonged.
8. Maternity leave before and after childbirth for 6 months
Article 139 of the Labour Code (2019) provides the following maternity regime for female employees:
- Female employees are entitled to maternity leave before and after giving birth for 6 months; the period of leave before giving birth shall not exceed 2 months. In case female employees gives birth to twins or more children, the mother is entitled to an extra month of leave for each child on from the second.
- During maternity leave, female employees are entitled to maternity benefits in accordance with the laws on social insurance.
- If needed, at the end of the maternity leave period, the female employee can take an additional period of unpaid leave after reaching an agreement with the employer.
9. Guaranteed employment after maternity leave
Article 140 of the Labour Code 2019 requires female employees to be guaranteed their old jobs when returning to work after taking the maternity leave as prescribed, without any reduction in salary, rights, or benefits compared to before the maternity leave; In case the old job is no longer available, the employer must arrange another job for them with a salary not lower than the salary before the maternity leave.
10. Not being fired or unilaterally terminated the labour contract during pregnancy, maternity leave, or raising a child under 12 months old
Article 137 of the Labour Code (2019) prohibits employers from dismissing or unilaterally terminating contracts with employees for reasons of marriage, pregnancy, maternity leave, or raising children under 12 months of age.
11. Entitled to unilaterally terminate or suspend the contract during pregnancy
According to Clause 1, Article 138 of the 2019 Labour Code, if a pregnant female employee continues to work but has adverse effects on the fetus and is confirmed by a competent health facility, she may unilaterally terminate or suspend her labour contract.
Employees and employers need to understand the rights that female employees are entitled to in accordance with current laws to properly and fully perform their legal obligations.
[1] along with Clause 1, Article 80 of Decree 145/2020/ND-CP,
[2] These regulations are shown in Chapter X of the Labour Code (2019) and Chapter IX of Decree No. 145/2020/ND-CP dated December 14, (2020).
