In order to create favorable conditions for female employees to both participate in labor and take care of their children, the current labor law has stipulated many special benefits for female employees raising children under 12 months old. Through this article, Hong Bang Law Firm would like to provide customers with legal issues related to the rights of female employees when raising children under 12 months of age, specifically as follows:
Not being fired by the employer or unilaterally terminating the labor contract
Pursuant to Clause 3, Art. 137 of the Labor Code 2019. “The employer must not dismiss an employee or unilaterally terminate the employment contract with an employee due to his/her marriage, pregnancy, maternity leave, or nursing a child under 12 months of age, 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.
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”.
Do not require night work, overtime or long distance business trips when female employees do not agree
Pursuant to Clause 1, Art. 137 of The Labor Code 2019:
“1. 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:
- a) The employee reaches her seventh month of pregnancy; or her sixth month of pregnancy when working in upland, remote, border and island areas;
- b) The employee is raising a child under 12 months of age, unless otherwise agreed by her.”
Being assigned a less laborious or safer work, or reduce the working hours
Pursuant to Clause 2, Art. 137 of The Labor Code 2019:
“Whenever an employer is informed of the pregnancy of an 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.”
Get 1 hour off with full salary every day
Pursuant to Clause 4, Article 137 of the Labor Code, in 2019.
“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.”
Not subject to labor discipline
Pursuant to Point d, Clause 4, Article 122 of the Labor Code, in 2019, during the period of raising children under 12 months old, female employees will not be disciplined.
Therefore, the employer will have to wait until this time expires, and at the same time, there is still a statute of limitations for handling the employee before taking disciplinary action against the employee.
Pursuant to Article 123 of the Labor Code 2019, the statute of limitations for handling labor discipline is 06 months from the date of occurrence of the violation; 12 months in special cases. At the end of the time when the employee raises children under 12 months, if the statute of limitations expires or the statute of limitations is still short but not full 60 days, the statute of limitations may be extended but not exceeding 60 days.
Job Guarantee
According to Article 140 of the Labor Code 2019,
Female employees after taking maternity leave and returning to work will be guaranteed their old jobs without any reduction in wages and rights and benefits compared to before maternity leave.
In case the old job is no longer available, the employer must arrange another job for them with a salary not lower than the salary before the maternity leave.
At the same time, if the labor contract expires during the period of raising a child under 12 months old, the female employee is also given priority to enter into a new labor contract (Clause 3, Article 137 of the Labor Code 2019).
Allowances for during period of care for sick children
Pursuant to Art. 141 of The Labor Code 2019,
“When an employee takes leave to take care of a sick child aged under 07, have prenatal care check-up, due to miscarriage, abortion, stillbirth, therapeutic abortion, implementation of contraceptive methods or sterilization, the employee shall receive allowance for the leave period in accordance with social insurance laws.”
If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com
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