08 NOTES FOR ENTERPRISES WHEN EMPLOYING PREGNANT FEMALE WORKERS - OTIS LAWYERS

Pregnant female workers have the right to suspend or unilaterally terminate their labor contracts

Pregnant female workers can unilaterally terminate their labor contracts or suspend them if a licensed medical institution certifies that continuing work could negatively affect the fetus.

Note: In such cases, the worker must notify the employer and provide certification from the medical institution. The suspension period is agreed upon by both parties but must be at least as long as the period recommended by the medical institution.

(According to Clause 2, Article 35, and Article 138 of the 2019 Labor Code)

Pregnant female workers must not work at night, overtime, or travel far for work

Employers must not require pregnant female workers in their seventh month or sixth month (if working in remote or mountainous areas, border regions, or islands) to work at night, overtime, or travel far for work.

(According to Clause 1, Article 137 of the 2019 Labor Code)

Penalties: Enterprises face fines from 20,000,000 VND to 40,000,000 VND if they violate this provision.

(According to Point a, Clause 2, Article 28, and Clause 1, Article 6 of Decree 12/2022/ND-CP)

Pregnant female workers are entitled to lighter, safer jobs or reduced working hours

If a pregnant worker is engaged in hazardous, heavy, or harmful work that affects reproduction or child-rearing, they must be transferred to lighter, safer duties or have their daily working hours reduced by one hour without a salary cut or loss of benefits. This applies until the child reaches 12 months old.

(According to Clause 2, Article 137 of the 2019 Labor Code)

Penalties: Enterprises that fail to implement these measures for pregnant workers after notification may be fined 20,000,000 VND to 40,000,000 VND.

(According to Point c, Clause 2, Article 28, and Clause 1, Article 6 of Decree 12/2022/ND-CP)

Enterprises cannot unilaterally terminate contracts with pregnant female workers

Enterprises are prohibited from dismissing or unilaterally terminating the labor contracts of pregnant female workers.

(According to Clause 3, Article 37, and Clause 3, Article 137 of the 2019 Labor Code)

Penalties for illegal termination:

• The employer must pay severance or unemployment allowances plus interest on any unpaid amounts and reinstate the worker.
• Fines range from 20,000,000 VND to 40,000,000 VND for violations.
   (According to Point i, Clause 2, Article 28, and Clause 2, Article 12 of Decree 12/2022/ND-CP)

Pregnant female workers are prioritized for new contracts if their current contracts expire

If a labor contract expires while a female worker is pregnant or nursing a child under 12 months old, the worker is given priority to enter a new contract.

(According to Clause 3, Article 137 of the 2019 Labor Code)

Enterprises cannot impose disciplinary actions on pregnant female workers

Employers are prohibited from disciplining pregnant workers.

(According to Point d, Clause 4, Article 122 of the 2019 Labor Code)

Penalties: Fines range from 20,000,000 VND to 40,000,000 VND for violations.

(According to Point h, Clause 2, Article 28, and Clause 1, Article 6 of Decree 12/2022/ND-CP)

Postnatal female workers may return to work before the end of maternity leave

A female worker may return to work before the end of her maternity leave if she has taken at least four months of leave, given prior notice, and received employer approval.

(According to Clause 1, Article 40 of the 2014 Law on Social Insurance)

Pregnant workers are entitled to convalescence and recovery leave after maternity leave

If a worker’s health has not fully recovered within the first 30 days after maternity leave, they are entitled to 5–10 days of convalescence or recovery leave.

(According to Article 41 of the 2014 Law on Social Insurance)

Note

Do surrogate mothers qualify for maternity benefits?

Yes, surrogate mothers are entitled to maternity benefits, provided they meet the insurance contribution requirement of at least six months within the 12 months before childbirth. For those who must take prenatal leave as recommended by a medical institution, at least three months of contributions in the same period are required.

(According to Article 31 of the 2014 Law on Social Insurance)

Duration of benefits for surrogate mothers

Benefits are provided from childbirth until the handover of the child but not exceeding six months. For twins or more, an additional month of leave is granted for each additional child beyond the first.

(According to Clause 1, Article 35 of the 2014 Law on Social Insurance)

For any questions or comments, please contact:
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