RIGHTS OF FEMALE EMPLOYEES UPON CHILDBIRTH

Female employees upon childbirth are protected by labor laws and labor protection policies. The rights women employees can enjoy when giving birth include maternity leave, medical support, work exemptions or protection from discrimination…

Right on exemption or deduction from workload and travel long distances for female employees upon childbirth

Employer must not require a female employee to work at night, work overtime or go on a long distance working trip if the employee is raising a child under 12 months of age, unless otherwise agreed by her.

Female employees upon childbirth have right to change jobs appropriately and reduce working hours if doing laborious, toxic or dangerous work

If a female employee who is doing a laborious, toxic or dangerous work, a highly laborious, toxic or dangerous work or any work that might negatively affect her maternity, the employer shall:

– assign her to a less laborious or safer work; or

– reduce the working hours by 01 hour per day without reducing her salary, rights or benefits until her child reaches 12 months of age.

Note, the female employee upon childbirth must notify the employer.

The work must be guaranteed by the employer according to the labor contract

The employer must not dismiss an employee or unilaterally terminate the employment contract with an employee due to her maternity leave, or nursing a child under 12 months of age.

Female employees upon chidlbirth shall be reinstated to her previous work when she returns to work after the maternity leave without any reduction in her salary, rights and benefits before the leave. In case the previous work is no longer available, the employer must assign another work to the employee with a salary not lower than the salary she received prior to the maternity leave.

Female employees upon childbirth are given priority in entering into new labor contracts

Upon expiration of the employment contract with female employee who is pregnant or nursing a child under 12 months of age, conclusion of a new employment contract shall be given priority.

Employers ensure the right of break during working hours for female employees upon childbirth

During her menstruation period, 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.

Female employees upon childbirth have right of maternity leave due to social insurance benefits

Leave for childbirth:

Under the standard regulations of law, female employee is entitled to 06 months of prenatal and postnatal leave; the prenatal leave period shall not exceed 02 months. In case of a multiple birth, the leave shall be extended by 01 month for each child, counting from the second child.

Some special cases:

– If a child under 02 months old dies, the mother is entitled to 04 months off work from the date of birth;

– If a child aged 2 months or older dies, the mother is entitled to leave work for 2 months from the date of child’s death, but the maternity leave period does not exceed the standard time prescribed by law above.

This time is not included in personal leave according to labor laws.

In addition, depending on need, female employees upon birthchil can be back to work earlier or later than the end date of their maternity leave, taking note to fully comply with the prescribed procedures.

Allowance levels of the maternity benefits for female employees upon childbirth:

A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based. For employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity benefits is the average of salaries of the months for which social insurance premiums have been paid.

The per-diem allowance must equal the monthly maternity allowance divided by 24 days.

Note, to enjoy social insurance benefits according to regulations, female employees upon childbirth must fully meet the conditions of social insurance law regarding the insurance payment period.

>> RIGHTS OF PREGNANT FEMALE EMPLOYEES https://linconlaw.vn/rights-of-pregnant-female-employees/

>> LEGAL NEWSLETTER – MARCH 2024 https://linconlaw.vn/legal-newsletter-march-2024/

Female employees upon childbirth can be entitled to lump-sum allowance upon childbirth

Female employees giving birth are entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth or child adoption.

Female employees upon childbirth can be entitled to convalescence and health rehabilitation after the maternity leave period

Female employees whose health has not yet recovered within the first 30 working days after the maternity leave period are entitled to a leave for convalescence and health rehabilitation of between 5 and 10 days.

The per-diem allowance for convalescence and health rehabilitation after maternity leave period must equal 30% of the statutory pay rate.