Chính sách đối với lao động nữ

Female employees are employees belonging to female workers, and when they enter labor relations, they have full employee rights and obligations of a employee. At same time, the State also priorities has own regulations that show interest, preferences with this subject on all aspects of labor relations, clearly expressed through the Labor Code 2019 and related documents. With many years of experience accompanying many.large enterprises involved in the management of labor relations, with the desire to share with the community the current legal regulations, LawPlus will review policies priority for female. employees so that Clients can have a reference to apply in business.   POLICIES FOR FEMALE EMPLOYEES

I. Working hours, rest periods 

1. Working hours

According, an employer must not require a female employee to work at night, work overtime or go on a long-distance working trip in the following circumstances:

  • Being reach her seventh month of pregnancy; or her sixth month of pregnancy when working in upland, remote, border and island areas;
  • Raising a child under 12 months of age, unless otherwise agreed by her.  POLICIES FOR FEMALE EMPLOYEES

This is a new point of the Labor Code 2019 in order to empower female workers to choose to work at night, work overtime or go on a long-distance working trip while raising children under their care 12 months old or not. Means that, female employee is pregnant under 07 months or under 06 months (for jobs in highland, remote, border, island) may still have to work at night, go on a long business trip by arrangement of the employer if the worker agrees. Pregnant female employees have the right to refuse to work overtime if they do not want.

2. Rest periods

According to the law on rest periods, female employee:

  • During menstruation period, they have a 30 minutes break in every day. Both parties shall agree the number of days with rest during the period of menstruation.but must be at least 3 working days/month.
  • During raising children under 12 months old have 60 minutes of rest per day during their working time.

Rest periods still entitled to full salary. according to the labor contract. In case there is no need for leave and the employer agrees, the employer shall pay an additional salary corresponding to the time off and still working. POLICIES FOR FEMALE EMPLOYEES

II. The maternity leave regime

1. Time maternity leave

  • The common maternity leave period for all women is 06 months.
  • In case female employees have twins or more, counting from the second child, each child has an extra month of leave.
  • The period of maternity leave must not exceed 2 months and the minimum period of leave is 04 months.
  • Female employees can go to work earlier when fully satisfying the following conditions:
    • Guarantee of at least 04 months of leave;
    • Certification of competent medical examination and treatment establishments about going to work early is not harmful to employees’ health;
    • With the consent of the employer;
    • Prior notice to employer.

The employee prior notifies to employer time to return to .work is earlier than the prescribed maternity leave period in order to create initiative for the employer. In that sense, employer can arrange jobs for female employees as well as ensure the progress of production, and business of the enterprise. POLICIES FOR FEMALE EMPLOYEES

2. The benefits of female employees when giving birth

During the maternity leave period, female employees are entitled to maternity benefits in accordance with the law on Social Insurance.

In case female employees go to work earlier than the specified time, in addition to the salary of the working days paid by the employer, will continue to enjoy the maternity allowance accordance with .the law on social insurance until the time off in accordance with the law.

In case female employees need to take extra leave outside. the prescribed time, they can take an extra period of unpaid leave after agreeing with the employer. POLICIES FOR FEMALE EMPLOYEES

3. Additional objects of policy on maternity leave regime

The Labor Code 2019 stipulates that the following subjects are also entitled to a. maternity leave regime compatible with the provisions of the law on. Social Insurance and the law on Marriage and Family:

  • Male employees who are paying social insurance premiums whose wives give birth to children

  • The employee adopts a child under 6 months old

  • Female employees put on Intrauterine device, employees take sterilization measures

  • The female employee is a surrogate mother, and the mother asks for surrogacy. POLICIES FOR FEMALE EMPLOYEES

4. Processing disciplinary

Pursuant to Point d Clause 4 Article 122 Labour Code 2019, the employer is not disciplined with employees:

  • Being pregnant;

  • Maternity leave, raising children under 12 months old.

Therefore, if violating labor regulations during pregnancy. and raising a child under 12 months old, female employees will not be disciplined. However, at the end of pregnancy, maternity leave, child rearing under 12 months, employer may still discipline female employees because the statute of limitations for handling labor discipline may be prolonged. POLICIES FOR FEMALE EMPLOYEES

5. Temporary suspension of labor contract during pregnancy

Article 138 Labor Code 2019 allows female employee when pregnancy has certification from a. competent medical facility that continuing to work will adversely affect the unborn child, has the right temporarily suspend the performance of the labor contract.

When temporarily suspend the contract, female employee has to submit for the employer a notification enclosed with the. aforementioned confirmation from the health facility.

In case of suspension of the employment contract, the suspension period shall be agreed by the employer and the employee and must not. be shorter than the period specified by the health facility. If the rest period is not specified by the health facility, both parties shall negotiate the suspension period. POLICIES FOR FEMALE EMPLOYEES

6. Job security after maternity leave

The employee must be guaranteed their old job when. returning to work after taking a break as prescribed in Article 139 Labor Code 2019 without any reduction in salary and rights, benefits compared to before maternity leave; in case the previous job is lost, the employer must arrange another job for them with .a salary not lower than the salary before the maternity leave.

7. Priority is given to entering a new contract

In case the labor contract expires while the .female employee is pregnant or raising a child under 12 months of age, employer priority shall enter a new labor contract with her. This is a new regulation to ensure the employment and labor rights of female workers.

8. Have a gynecological examination once a year

Pursuant to Clauses 1, 2 Article 21 of the Law on Occupational Safety and Health and Clause 1, Article 80 of Decree 145/2020/ND-CP, employees are entitled to a health check-up at least once a year for:

  • Employees doing heavy, hazardous or dangerous occupations or jobs, or particularly heavy, hazardous or dangerous jobs.

  • Disabled employees.

  • Minors

In that sense, elderly employees entitled to a health check-up for at least once every 6 months. At regular health examinations, if the employee is a female will have to undergo a gynecological .examination according to the list of gynecological examination promulgated by the Ministry of Health. POLICIES FOR FEMALE EMPLOYEES

Employers are encouraged to create conditions for pregnant female employees. to take more leave for antenatal care than prescribed in Article 32 of the Law on Social Insurance.

9. Benefit from the social insurance maternity benefits

  • During pregnancy, pregnant female employees are entitled to take leaves for 5 prenatal checks-up, one day for each check-up; employees who live far from health establishments or have pathological. signs or abnormal pregnancies are entitled to take a two-day leave for each prenatal check-up (Article 32 Law on Social Insurance).
  • Pursuant to Article 33 Social Insuranxe law, when getting miscarriage, abortion, stillbirth or pathological abortion, a female employee may take a maternity leave as prescribed by a competent health establishment. The maximum leave period is:

           – 10 days, for pregnancy of under 5 weeks;

           – 20 days, for pregnancy of between 5 weeks and under 13 weeks;

           – 40 days, for pregnancy of between 13 weeks and under 25 weeks;

           – 50 days, for pregnancy of 25 weeks or more.

  • Female employees giving birth are entitled. to take maternity leave before and after giving birth for 6 months. In case female employees have twins or more, from the second child onwards, for each child, the mother is entitled to an extra month of leave (Article 34 of Social Insurance Law) POLICIES FOR FEMALE EMPLOYEES

10. To use facilities while raising children under 12 months old

  • In case the employer used to 1,000 female employees or more, it must install a room to express, store breast milk at the workplace (Clause 5 Article 80 Decree 145/2020/ND-CP).
  • In addition, the employer should install a room for expressing, storing breast milk in accordance with the actual conditions at the workplace, the needs of female employee and the capabilities of the employer. POLICIES FOR FEMALE EMPLOYEES

III. The case of dismissal of female employees

The employer can dismissal employees if they commit violations in one of the cases of dismissal under Article 125 of the Labor Code. However, the employer cannot dismiss employees by reason of marriage, pregnancy, maternity leave, child rearing under 12 months old.

Dismissal is also a special case of unilateral termination of the employment contract by the employer. So, when illegal dismissal, the employer also has the same obligations as in the case of illegal unilateral termination of the labor contract. POLICIES FOR FEMALE EMPLOYEES

IV. Changing jobs for female employee

Pursuant to Clause 2 Article 137 Labour Code 2019, female employees doing heavy, hazardous, dangerous, or particularly heavy, hazardous or dangerous occupations or jobs or doing occupations or jobs that. adversely affect reproductive function and child rearing during pregnancy and notify the employer, the employer will entitle one of two policies, as follows:

  • The employer will switch to a lighter, safer job. POLICIES FOR FEMALE EMPLOYEES

  • Reduce the daily working hour 01 hours without any reduction in wages and rights and benefits. until the end of the period of raising children under 12 months of age. POLICIES FOR FEMALE EMPLOYEES

At the same time, the Labor Code 2019 also prescribed that the employer offers sufficient information to the employee on the hazardous nature, dangers, and requirements of the job, as well as provide safe working conditions. Occupational safety and hygiene for employees when employing them to perform jobs. on the list of vocations and jobs that have a negative impact on reproductive function and child rearing, according to legislation. (Appendix Attached in Circular 10/2020/ TT-BLDTBXH)

V. Unilateral termination of the employment contract

The employer is not unilateral termination of the employment contract with employee by reason of marriage, pregnant, maternity leave, child rearing under 12 months old, except for the case on. automatically terminating the contract according to regulations.

When a female employee is pregnant, if continuing to. work will have adverse effects on the fetus and must be certified by the medical facility, may unilateral termination of the employment contract. This case is considered unilateral termination of the legal contract. At that time, the employees will be entitled to severance allowance if they have worked regularly for the employer for the full 12 months or more as prescribed in Article 46 of Labor Code 2019. POLICIES FOR FEMALE EMPLOYEES


gynecological examination


VI. Equality with male employees in wages and bonues

The employer is responsible for exercising the equal rights of female and male employees, taking measures to ensure gender equality in recruitment, employment, training, salary, reward, promotion, payment of labor, benefits of Social Insurance, Health Insurance, unemployment insurance, working conditions, labor safety, hours of work, hours of rest, sickness, maternity, other material, and spiritual welfare regimes (Clause 1 Article 78 Decree 145/2020/ND-CP). P POLICIES FOR FEMALE EMPLOYEESOLICIES FOR FEMALE EMPLOYEES

 From the regulations above, it can be seen that the State has introduced labor policies to ensure. female employee’s right to work equal in all aspects with male employee, encouraging employers to create conditions for female workers to have regular jobs and effective, thereby partly understand the difficulty of female workers when working in the physical condition of being pregnant or raising small children… Thus, when sign a labor contract with a female employee, the enterprises needs to understand regilations of the law to properly apply and create the best conditions for female employees in the enterprise. At the same time, it also avoids unnecessary conflicts that occur during process the .performance of labor contracts between enterprises and female employees.

For more detailed, specific advice on regulations, application, suitable terms of agreement with regulations of the law, Clients please contact Law Plus for more detailed advice at hotline: +84 2862 779 399, +84 3939 30 522 or email info@lawplus.vn.


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