Currently, Vietnamese law has devoted many legal policies to apply specifically to female employees to ensure fairness and equality in social relations in general and labor relations in particular. These policies are stipulated in the Law on Social Insurance 2014, the Law on Marriage and Family 2014, and the Labor Code 2019.
1. The privileges of female employees are regulated by the Law on Marriage and Family 2014:
- Priority child rearing upon divorce: children under 36 months of age are assigned to their mothers to directly raise them, unless the mothers are not eligible to directly look after, care for, nurture and educate the children or their parents. have other agreements by the interests of the child;
- To get married 02 years earlier than male employees: the legal age for marriage is full 20 years old for men and full 18 years old for women;
- To have their legitimate rights and interests protected upon divorce: the law protects the lawful rights and interests of wives, minor children, and adult children who have lost their civil act capacity or are unable to work. working and have no assets to support themselves.
2. The privileges of female employees are regulated by the Labor Code 2019:
- Do not have to work overtime or go away on business trips: if female employees are pregnant from July or the 6th month if working in special places such as remote, mountainous, border areas, islands; or are raising children under 12 months old, enterprises are not allowed to send work at night, overtime and away on business trips;
- To be transferred to lighter jobs: female employees do heavy, hazardous, dangerous, or particularly heavy, hazardous jobs or jobs or jobs that adversely affect their functions. give birth and raise children during pregnancy and notify the employer, the employer will switch to lighter, safer work or reduce the daily working hour by 01 hours without being cut off. reduce wages and rights and benefits until the end of the period of raising children under 12 months old;
- Not subject to labor discipline in some cases: When the employee commits a violation, the employer may issue a disciplinary measure, but may not discipline the pregnant female employee; maternity leave; or nursing a child under 12 months old. Any form of discipline, whether reprimand, dismissal, or dismissal, violates the principle of disciplinary action by the law. However, when the time limit for raising children under 12 months old has expired but the statute of limitations for handling labor discipline has expired, the statute of limitations may be extended but must not exceed 60 days from the date of expiration of the above-mentioned time limit;
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- Not being unilaterally terminated the labor contract: the enterprise must not dismiss or unilaterally terminate the labor contract for female employees for reasons of marriage, pregnancy, maternity leave, or raising children under 12 months;
- Rest during working hours: female employees while raising children under 12 months old are entitled to a 60-minute break every day during working time to breastfeed, express, store milk, and rest. The time off is still entitled to full salary according to the labor contract;
- Rest during menstruation: female employees with special privileges during menstruation are entitled to a 30-minute break every day, at least 3 days in a month, the rest period is still entitled to full salary according to the contract. labor and specific time off shall be agreed upon by the employee with the employer by the actual conditions at the workplace and the needs of female employees;
- Having the right to unilaterally terminate the contract without prior notice: if a pregnant female employee is certified by a competent medical facility, continuing to work will adversely affect the unborn child. method to terminate the labor contract or suspend the performance of the labor contract without prior notice. However, female employees still have to notify the employer together with the certification of the competent medical examination and treatment facility that continuing to work will adversely affect the fetus.
3. Privileges prescribed by the Law on Social Insurance 2014
- Maternity leave is still paid 100%: female employees are entitled to maternity benefits according to regulations;
- 06 months of leave to take care of children: female employees who give birth are entitled to a maternity leave of 6 months before and after giving birth. In case female employees have twins or more, from the second child onwards, the mother is entitled to an extra month of leave for each child.
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