So, what special rights will female workers have? Let's find the answer with Thinh Tri!

1. Periodic health check-up at least once a year

Article 21 Law on occupational safety and hygiene stipulates that annually, an employer shall organize health check-ups at least once a year for employees; and health check-ups at least twice a year for employees doing heavy and harmful jobs and disabled, underage and elderly employees.

 

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Along with that, clause 1 Article 80 Degree No. 145/2020/NĐ – CP also clearly states that female workers are entitled to obstetric and gynaecological examination services in accordance with the list issued by the Ministry of Health during periodic health check-ups.

2. 30-minute break per day during the menstrual period  

Under the provisions of clause 1 Article 80 Decree No. 145/2020/NĐ – CP, during the menstrual period, female workers are entitled to a 30-minute break per  day which is counted as working time and to be paid with the full wage stated in their employment contract.

The number of days for which female workers enjoy the break shall be agreed by the two parties based on the actual conditions at the workplace and the needs of female workers but no less than 3 working days per month.

If female employees are not allowed to take a break during their menstrual period, the employer will be fined from 10 to 20 million VND (according to point d, clause 2, Article 28 of Decree No. 12/2022/NĐ-CP).

Female workers, while nursing children under 12 months of age, are entitled to a daily 60- minute break

Clause 4 Article 80 Decree 145/2020/NĐ – CP stipulated that female workers, while nursing children under 12 months of age, are entitled to a daily 60- minute break during their working time for breastfeeding, expressing and storaging milk as well as resting with full pay  as prescribed in their employment contract.

If female employees are not allowed to take leave while raising children under 12 months old, the employer will be fined from 10 to 20 million VND (according to Point đ Clause 2 Article 28 of Decree 12/2022/ND-CP). .

3. Having the right to unilaterally terminate labor contract in pregnancy

On the basis of clause 1 Article 138 Labor Code 2019, a female worker is pregnant and obtains a medical certificate from an authorised health care institution stating that if the worker continues to work, it may adversely affect her pregnancy, the worker has the right to unilaterally terminate or temporarily suspend the employment contract.
This case is still considered as unilateral legal termination of the contract even though the notice period is not guaranteed as prescribed by the law.

4. Having the right to suspend labor contracts in pregnancy.

Article 138 The Labor Code 2019 states that in cases of unilateral termination or temporary suspension of the employment contract, the worker must notify the employer, attaching the information from the authorised health care institution affirming that continuation of work might negatively affect her foetus.

When suspending the contract, the pregnant female employee must notify the employer together with the medical examination of the health center.

5. Not being disciplined during pregnancy and child rearing

Based on the point d Clause 4 Article 122 Labor Code 2019, no disciplinary measure shall be taken against a worker during the pregnancy, maternity leave or child rearing of less than 12- month-old baby..

Thus, if the employee violates labour regulations during pregnancy and child rearing under 12 months old, the employee will not be disciplined.

However, at the end of pregnancy, maternity leave, or child rearing under 12 months, female employees may still be disciplined because the time limit for taking disciplinary measures can be extended.

Dismissing pregnant women can be punished up to 3 years in prison

Based on the article 162 of Criminal Code 2015, if a pregnant woman those who are raising children under 12 months old is illegal dismissed, the employer as an individual can be fined from VND 100,000,000 to VND 200,000,000 or a penalty of 01 - 03 years' imprisonment:

6. Not being unilaterally terminated the labor contract because of the pregancy.

Article 137 Labor Code 2019 stipulates that the employer shall not dismiss a worker or unilaterally terminate the employment contract of a worker due to the worker's marriage, pregnancy, maternity leave, or caring for a child less than 12 months old.

In case of unilaterally termintating the labor contract with a female employee due to the pregnancy, the employer may be fined from 10 to 20 million VND (according to point i, Clause 2, Article 28 of Decree 12/2022/ND-CP).

7. No night shift, overtime or business trip far away from home during the pregnancy

Clause 1 Article 137 Labor Code 2019 states that pregnant worker has reached the seventh month of pregnancy, or the sixth month of pregnancy when working in mountainous, remote, border and island areas shall not be required to perform night shift , overtime  or  business trip far away from home. 

However, if agreed by the worker, the employer is still allowed to use the pregnant female employee to work at night, work overtime, or go on a business trip.

8.  Being equal to male employees in terms of salary, bonus and promotion

Clause 1 Article 78 Decree No. 145/2020/NĐ – CP, employers shall guarantee female and male workers’ right to equality, take measures to ensure gender equality in recruitment, employment, training, wage payment, reward, promotion, remuneration, contribution to social insurance, health insurance, unemployment insurance, working conditions, occupational safety, working hours, rest periods, sickness leave, parental leave, other material and spiritual welfares;

9.   Enjoying the regime related to maternity.

Article 32 the Law on Social Insurance 2014, 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.

When getting miscarriage, abortion, stillbirth or pathological abortion, a female employee may take a maternity leave as prescribed by a competent health establishment. The maximum leave period is 10 days for pregnancy of under 5 weeks; 20 days for pregnancy of between 5 weeks and under 13 weeks; 40 days for the pregnancy from 13 weeks to under 25 weeks; 50 days for pregnancy of 25 weeks or more. (based on Article 33 the Law on Social Insurance 2014)

Female employees are entitled to a 6-month leave before and after childbirth under the maternity regime. For a female employee who gives birth to twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second. (based on Article 34 the Law on Social Insurance 2014).