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Labor code Vietnam 2012 - Chapter X PRIVATE REGULATIONS FOR FEMALE EMPLOYEE

Chapter X PRIVATE REGULATIONS FOR FEMALE EMPLOYEE

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VIET NAM LABOR CODE 2012

(THE LABOR CODE OF VIETNAM)

The Labor Code specifies the labor standards; the rights, obligations and responsibilities of the employees, the employers, the labor representative organizations, the employer representative organizations in the labor relation and other relations directly related to the labor relation, the State management of labor

 

Chapter X

PRIVATE REGULATIONS FOR FEMALE EMPLOYEE

Article 153. State policies for female employee

1. To ensure the equal working rights of female employee

2. To encourage employers to create conditions for female employee to work regularly and widely apply the flexible timetable working regime, working shorter hours and assigning work at home.

3. To take measures to create jobs, improve working conditions; improve their occupational level, health care, enhancing the physical and mental welfare for female employees to help them promote their professional capacity efficiently, harmoniously combining the working life and family life.

4. To have tax reduction for employer who employs many women employees in accordance with the law on tax.

5. To expand the type of training convenient for women employee to have additional reserve job and appropriate with the physical physiological characteristics, and maternal functions of women.

6. The State makes plans and takes measures for the organization of preschool, kindergarten at the place where there are many female employees.

Article 154. Obligations of the employer for the female employee

1. To ensure the gender equality and measures to promote the gender equality in recruitment, utilization, training, working time, rest time, salary and other regimes.

2. To gather opnions of the female employees or their representative upon making decision on the rights and interest of women.

3. To ensure that there are enough suitable bathrooms and toilets at the workplace.

4. To assist and support the building of nursery school, kindergarten or partial cost of child care at kindergartens for female employee.

Article 155. Maternity protection for women employee

1. The employer is not entitled to use female employee to work at night, work overtime work and take far business trip in the following cases:

a) Being pregnant from the 7th or 6th month if working in upland and remote areas, border and island areas;

b) Fostering child under12 months old.

2. Femal employee does heavy work during pregnancy from 07th month shall be transferred to lighter work or reduced 1 working hour every day but still enjoying full payment.

3. The employer is not entitled to dismiss or unilaterally terminate the labor contract with the femal employee for the reason of marriage, pregnancy, maternity leave, fostering child under 12 months old, except for the case the employer is the individual who has died, is declared by the court of losing capacity of civil acts, missing or dead or the employer is not the individual terminating the operation.

4. During pregnancy, leave upon having a child under the provisions of law on social insurance, fostering child under 12 months old, female employees shall not receive the labor discipline.

5. Female employee during menstruation is entitled to take a break of 30 minute everyday; and 60 minutes a day during working hours while fostering child under 12 months of age with full payment under the labor contract.

Article 156. Right of unilateral termination and suspension of labor contract of pregnant employee

The pregnant female employee if certified by the competent medical facility that the fetus of the female employee will be affected if she continues to work, has the right to terminate the labor contract or suspend the labor contract performance. The time limit that the female employees must notify the employer depends on the time limit set by the competent medical facility.

Article 157. Maternity leave

1. The time the female employee is entitled to take leave before and after birth is 06 months.

In case the female employee gives a birth of twin or more, from the 2th child onwards, every child, the mother is entitled to 01 month leave additonally.

The prenatalperiod of leave shall not exceed02 months.

2. During maternity leave, the female employee is entitled to maternity leave under the provisions of law on social insurance.

3. Upon expiry of maternity leave as prescribed in Clause 1 of this Article, if having a demand, the female employees can take one more unpaid day under the agreement with the employer.

4. Before the expiry of maternity leave as prescribed in Clause 1 of this Article, if having a demand, with the certification of the competent medical facility concerning the early work without harmfulness to the female employee’s health and with the consent of the employer, the female employee can get back to work after taking leave of at 04 moths.

In this case, in addition to the salary of the working days paid by the employer, the female employee continues to receive maternity allowance under the provisions of law on social insurance.

Article 158. Guranteeing work for female employee taking maternity leave

The female employee shall be guaranteed the old job upon returning to work after the end of maternity leave as prescribed in Clause 1 and Clause 3 of Article 157 of this Code, in case the old job no longer exists, the employer must arrange another job for her with the salary rate not lower than that before maternity leave.

In this case, in addition to the salary of the working days paid by the employer, the female employee continues to receive maternity allowance under the provisions of law on social insurance.

Article 159. Allowance upon leave to care for sick children, prenatal care, implementation of contraceptive methods

The time off work when prenatal care, miscarriage, abortion, stillbirth, pathological abortion, implementation of contraceptive methods, care of sick child under age 07, fostering adopted child under age 06, the female employee is entitled to social insurance allowances in accordance with the law on social insurance.

Article 160.Workwithout permission to employfemale employee

1. The work can adversely affect the reproductive function and child fostering under the list issued by the Ministry of Labour - Invalids and Social Affairs in coordination with the Ministry of Health issued.

2. Performing the work regularly in water.

 

3. Performing the work regularly in mine