RIGHTS OF PREGNANT FEMALE EMPLOYEES

Pregnant female employees have some rights protected under labor laws and labor protection policies. These rights include maternity leave, medical support, work exemptions or protection from discrimination…

Right on exemption or deduction from workload and travel long distances

employer must not require a female employee to work at night, work overtime or go on a long distance working trip if the employee reaches her seventh month of pregnancy; or her sixth month of pregnancy when working in upland, remote, border and island areas.

The right to change jobs appropriately and reduce working hours if doing laborious, toxic or dangerous work

If a pregnant 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 pregnant female employee must notify the employer.

Right to have work 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 pregnancy.

(This regulation is except for cases where the employer that is a natural person dies or is declared incapacitated, missing or dead by the court, or the employer that is not a natural person ceases its business operation, declared by a provincial business registration authority that it does not have a legal representative or a person authorized to perform the legal representative’s rights and obligations).

Right to take priority in entering into new labor contract

In case the labor contract expires while the female employee is pregnant, priority will be given to entering into a new labor contract.

Right of pregnant female employees to unilaterally terminate or suspend their employment contracts

Depending on the health of the pregnant female employees, they have the right to unilaterally terminate the labor contract or suspend the implementation of the labor contract.

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.

Remarks:

– The exercise of this right is determined to be legal when there is full confirmation from a competent health facility which states that if she continues to work, it may adversely affect her pregnancy.

– Unilateral termination of the labor contract or suspension of the labor contract must be notified to the employer accompanied by confirmation from a competent health facility which states that if she continues to work, it may adversely affect her pregnancy.

In case there is no confirmation by the health facility, both parties shall negotiate the suspension period.

>> PROCEDURES FOR RECEIVING HOSPITAL FEES REFUND WHEN PARTICIPATING IN HEALTH INSURANCE FROM 5 YEARS https://linconlaw.vn/procedures-for-receiving-hospital-fees-refund-when-participating-in-health-insurance-from-5-years/

>> WHO IS ENTITLED TO MATERNITY INSURANCE BENEFITS? https://linconlaw.vn/who-is-entitled-to-maternity-insurance-benefits/

Right of leave period for prenatal checks-up

Leave for prenatal check-up benefits for pregnant female employees:

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.

The leave period specified in this Article shall be counted in working days, excluding public holidays, New Year holidays and weekends.

Allowance levels of the maternity benefits for pregnant female employees:

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, pregnant female employees must fully meet the conditions of social insurance law regarding the insurance payment period.

Right of maternity leave before giving birth

Female employees are entitled to a 6-month leave before and after childbirth under the maternity benefits. Therein, the maternity leave period before childbirth must not exceed 2 months.

During maternity leave, female employees are entitled to maternity benefits according to the provisions of law on social insurance.