If a pregnant employee has a confirmation given by a competent medical facility that the continuation of working will impact negatively the embryo, she may unilaterally terminate or suspend the labor contract is the important contents prescribed at the Decree No. 85/2015/ND-CP dated October 01, 2015 of the Government detailing a number of articles the Labor Code in terms of policies for female employees.
However, provided a prior notice enclosed with the recommendation of the medical facility is submitted to the employer. Deadline for prior notice of unilateral termination/suspension of labor contract shall be according to prescription of the competent medical facility. If there is no prescription of a competent medical facility about the duration of suspension, the two parties shall negotiate the suspension duration themselves.
On female employee’s healthcare services, during the time of raising infants, female employees will have time-off as 60 minutes per day to breastfeed children, collect and store milk or to take rest and employees shall be fully paid for such time-off according to the labor contracts.
Employers are encouraged to enable female employees raising infants to collect and store breast-milk at working
places. Time off duration shall be agreed by the employees and the employers. Employers shall build rooms for collecting and storing breast-milk according to the actual conditions of working places and the need of the female employees and capacity of the employers. Besides, when having periodic check-up, female employees will receive maternity-related examination according to the list of maternity-related examination promulgated by the Ministry of Health.
Especially, the Decree shall encourage employers to prioritize females in recruitment and assignment if the job is suitable for both males and females and the applicant is qualified. Employers who hire 10 to 99 female employees where the number of female employees makes up at least 50% of total employees; from 101 to 999 female employees where the number of female employees makes up at least 30% of total employees and hire at least 1,000 female employees are eligible for reduction of enterprise income tax. Additional expenses for female employees will be deductible when determining revenues subject to paying enterprise income tax.
This Decree takes effect on November 15, 2015.
Source: luatvietnam.vn
