According to Labor Code No. 45/2019/QH14, female workers who are pregnant and raising young children are entitled to 9 key rights to ensure the protection of their health, employment and legitimate interests, helping them balance work and family life.
1. No night work, overtime or long-distance business trips
Applicable to female workers who are pregnant from the 7th month, or from the 6th month if working in mountainous, remote, border or island areas; and to those who are raising a child under 12 months old.
2. Rearrangement to lighter/safer work or reduced working hours
For female workers doing heavy, hazardous, dangerous or particularly heavy, hazardous, dangerous jobs, or jobs that adversely affect reproductive health and childcare, who have notified the employer, they may be transferred to lighter, safer work or reduce 1 hour of work daily without any reduction in salary, rights and benefits until the child is under 12 months old.
3. No dismissal or unilateral termination of contract
Employers are not allowed to dismiss or unilaterally terminate the labor contract for reasons such as marriage, pregnancy, maternity leave or raising a child under 12 months old, except for cases provided by law.
4. Priority in signing a new labor contract when the current one expires
If the labor contract expires while the female worker is pregnant or raising a child under 12 months old, she is given priority to sign a new labor contract.
5. Right to unilaterally terminate or suspend the contract to protect the fetus
When a medical establishment confirms that continuing to work may adversely affect the fetus, female workers can unilaterally terminate or suspend the labor contract.
The suspension period is agreed upon by the employee and employer, but must comply with regulations and be at least the time prescribed by a medical establishment.
6. Maternity leave before and after childbirth
Female workers are entitled to 6 months of maternity leave in total, with no more than 2 months before childbirth. In the case of twins or more, from the second child onward, each additional child is entitled to 1 extra month.
7. Entitlement to maternity benefits under the Social Insurance Law
Female workers who give birth are entitled to maternity benefits if they meet the conditions on subjects and contribution period under the law.
8. 60 minutes of rest per day while raising a child under 12 months old
Female workers raising a child under 12 months old are entitled to a 60-minute break each day during working hours to breastfeed, express milk, store milk or simply rest. This break is still paid in full according to the labor contract.
9. No disciplinary action during the protected period
Employers are not allowed to discipline female workers during pregnancy, maternity leave or while raising a child under 12 months old, in accordance with the Labor Code.
Note: These rights apply in accordance with the applicable conditions and exceptions provided by law. Female workers should contact their HR department or the Social Insurance agency for further advice when needed.
