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China - Maternity protection - 2011


LAST UPDATE

20 July 2011

Data quantity

NORMAL

SOURCES

This database is updated on the basis of national law and State Council administrative regulations, i.e. law as promulgated by the National People’s Congress, or its Standing Committee, and the State Council, or the Central People’s Government, of the People’s Republic of China. Further legal rules issued by the Ministry of Human Resources and Social Security (MOHRSS) and regulations issued at a provincial level may also be relevant, but fall outside the ambit of this review.
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Name of Act

Regulations on Labor Protection in Workplaces Where Toxic Substances Are Used (Adopted at the 57th Executive Meeting of the State Council on April 30, 2002, promulgated by Decree No.352 of the State Council of the People’s Republic of China on May 12, 2002, and effective as of the date of promulgation)

Name of Act

Labour Law 1994 Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People’s Congress on July 5, 1994 and promulgated by Order No. 28 of the President of the People’s Republic of China, commenced 1 January 1995
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Name of Act

Labour Insurance Regulations, by the 73rd Government Administrative Meeting of the Government Administration Council on February 23 1951, promulgated by the Government Administration Council on February 26 1951 and effective from February 1 1953. Version sourced from novexcn.com, as accessed at http://www.novexcn.com/labor_insur_regs_51.html on 20 July 2011

Name of Act

Law of the People’s Republic of China on the Protection of Rights and Interests of Women, passed by the National People’s Congress on 3 April 1992, amended on 28 August 2005
Current version available on www.china.org.cn http://www.china.org.cn/english/government/207405.htm

Name of Act

Regulations on Labour Protection for Female Workers and Employees, adopted at the 11th Regular Meeting of the State Council on 28 June 1988

Name of Act

Law on Maternal, Infant Health Care Reported OW3110120194 Beijing XINHUA Domestic Service in Chinese 0727 GMT 27 October 1994

Name of Act

Measures for Implementation of the Law of People’s Republic of China on Maternal and Infant Care, promulgated by decree no. 308 of the State Council of the People’s Republic of China on 20 June 2001 and effective on the same date

Other source used

Social Security Programs Throughout the World: Asia and the Pacific 2010 - China

Other source used

Sean Cooney ’Working Conditions in an Integrating World: Regulating Time, Money and Family Life - China’ (2009)

Other source used

Brown, Ronald C ’Understanding Labor and Employment Law in China’ Cambridge University Press, New York, 2010

MATERNITY LEAVE

Female workers have entitlements to 90 days maternity leave under the Labour Law and the Regulations on Labour Protection for Female Workers and Employees.

Workers covered by the Labour Insurance Regulations are entitled to 56 days’ maternity leave.
Labour Law 1994 §62
Regulations on Labour Protection for Female Workers and Employees 1988 §8
Labour Insurance Regulations 1951 §16

Scope

All female workers who have formed a labour relationship with an employing unit are entitled to paid maternity leave under the Labour Law.

The maternity leave entitlements provided by the Regulations on Labour Protection for Female Workers and Employees apply to all female workers and employees of all State organs, people’s organizations, enterprises and institutions within the territory of the People’s Republic of China.

The maternity leave entitlements provided by the Labour Insurance Regulations apply to State-operated, joint state-private, private and cooperative factories, mines and their subsidiary units and business management organizations, each of which employs more than 100 workers and staff members, and each railway, shipping or postal and telecommunications enterprise and its subsidiary units.
Labour Law 1994 §2, 62
Regulations on Labour Protection for Female Workers and Employees 1988 §2
Labour Insurance Regulations 1951 §2
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Qualifying conditions

No qualifying conditions have been identified in relation to the entitlement to maternity leave under the Labour Law. However, to be entitled to maternity leave under the Regulations on Labour Protection for Female Workers and Employees, women must have complied with State stipulations concerning family planning.
Labour Law 1994 §62
Regulations on Labour Protection for Female Workers and Employees 1988 §15
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Duration

The Labour Law provides that the duration of maternity leave shall be no less than 90 days after childbirth.

The Regulations on Labour Protection for Women also provides for an entitlement to 90 days’ maternity leave, but contemplates that women may take up to 15 days’ paid leave prior to childbirth.
Labour Law 1994 §62
Regulations on Labour Protection for Female Workers and Employees 1988 §8
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General total duration

The general entitlement shall be no less than 90 days.
Labour Law 1994 §62
Regulations on Labour Protection for Female Workers and Employees 1988 §8
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Historical data (year indicates year of data collection)
  • 2009: 90 days.
  • 2004: Ninety days
  • 1998: Ninety days
  • 1994: Ninety days

Extension

In the case of complications at the birth, or where there is more than one child from the same birth, the mother is entitled to an additional 15 days of leave (per child, in the case of multiparous mothers).

Further, the Law of the People’s Republic of China on the Population and Family Planning authorises local governments to extend parental leave periods for parents who adhere to family planning measures.
Regulations on Labour Protection for Female Workers and Employees 1988 §8
’Working Conditions in an Integrating World: Regulating Time, Money and Family Life - China [6.9]
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Leave in case of illness or complications

In the case of complications at the birth, the mother is entitled to an additional 15 days of leave. In the case of miscarraige, an appropriate leave should be given to the femal worker or employee by her unit according to medical certification.
Regulations on Labour Protection for Female Workers and Employees 1988 §8
’Working Conditions in an Integrating World: Regulating Time, Money and Family Life - China [6.6]

RELATED TYPES OF LEAVE

Some local government laws grant an entitlement to paternity leave in certain circumstances.

Parental leave

No relevant provisions identified.

Paternity leave

Although there is no provision for paternity leave in the Labour Law, the Family Planning Law refers to leave for fathers. As a consequence, some local governments have granted leave to fathers where they marry after the age of 25 or commit to having only one child. For example, in Guangdong Province, fathers who meet the relevant criteria have an entitlement to 10 days’ parental leave.
’Working Conditions in an Integrating World: Regulating Time, Money and Family Life - China [6.10]

Adoption leave

No relevant provisions identified.

RIGHT TO PART-TIME WORK

No provision allowing for workers who are pregnant or new-parents to change to part-time work identified.

CASH BENEFITS

Maternity leave is to be paid under the Labour Law 1994 and the Labour Insurance Regulations.

The Regulations on Labour Protection for Female Workers and Employees do not provide for an entitlement to payment with respect to maternity leave.
Labour Law 1994 §62
Regulations on Labour Protection for Female Workers and Employees 1988 §8
Labour Insurance Regulations 1951 §16

Maternity leave benefits

Wages are paid to female workers on maternity leave through an employer-funded insurance scheme.
Labour Law 1994 §62
Labour Insurance Regulations 1951 §16
’Working Conditions in an Integrating World: Regulating Time, Money and Family Life - China [6.4]
Understanding Labor and Employment Law in China p138, citing the Trial Measures for Maternity Insurance of Staff and Workers of Enterprises, promulgated by the Ministry of Labour 14 December 1994, effective 1 January 1995
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Scope

The entitlement to payment under §62 of the Labour Law applies to all female workers who have formed a labour relationship with an employing unit.

The right to payment under §16 of the Labour Insurance Regulations applies to all State-operated, joint state-private, private and cooperative factories, mines and their subsidiary units and business management organizations, each of which employs more than 100 workers and staff members and each railway, shipping or postal and telecommunications enterprise and its subsidiary units.
Labour Law 1994 §§2, 62
Labour Insurance Regulations 1951 §§2, 16
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Qualifying conditions

No provisions imposing qualifying conditions with respect to maternity cash benefits identified.
Labour Law 1994
Labour Insurance Regulations 1951

Duration

The entitlement to wages mirrors the entitlement to maternity leave, i.e. no less than 90 days for maternity leave taken under the Labour Law and 56 days for maternity leave taken under the Labour Insurance Regulations.
Labour Law 1994 §62
Labour Insurance Regulations 1951 §16

Amount

Female workers are to be paid an amount equal to their usual wages for the duration of the maternity leave.
Labour Law 1994 §62
Labour Insurance Regulations 1951 §16
Historical data (year indicates year of data collection)
  • 2009: 100% (The average monthly wage of the enterprise for the previous year)
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The amounts payable with respect to maternity leave are to be paid from an employer-funded insurance scheme.
Labour Law 1994 §62
Labour Insurance Regulations 1951 §13
’Working Conditions in an Integrating World: Regulating Time, Money and Family Life - China [6.2], [6.4]
Understanding Labor and Employment Law in China p138
Historical data (year indicates year of data collection)
  • 2009: Social security (Social Insurance Fund)
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer (of state-owned ent)

Alternative provisions

When a female worker or staff member or the spouse of a male worker or staff member gives birth to a child, childbearing subsidies shall be paid under the labour insurance funds, the sum to be the local retail price of 5 chi (1/3 metre) red cloth.
Labour Insurance Regulations 1951 §16(4)

Parental leave benefits

When a female worker or staff member or the spouse of a male worker or staff member gives birth to a child, childbearing subsidies shall be paid under the labour insurance funds, the sum to be the local retail price of 5 chi (1/3 metre) red cloth.
Labour Insurance Regulations 1951 §16(4)

Scope

The right to payment under §16(4) of the Labour Insurance Regulations applies to all State-operated, joint state-private, private and cooperative factories, mines and their subsidiary units and business management organizations, each of which employs more than 100 workers and staff members and each railway, shipping or postal and telecommunications enterprise and its subsidiary units.
Labour Insurance Regulations 1951 §2

Qualifying conditions

No relevant provisions identified.
Labour Insurance Regulations 1951 §16

Duration

Not stipulated.
Labour Insurance Regulations 1951 §16(4)

Amount

The amount payable as child-bearing subsidies is to be equivalent to the local retail price of 5 chi (1/3 metre) red cloth.
Labour Insurance Regulations 1951 §16(4)

Financing of benefits

The amount payable as child-bearing subsidies is to be paid from an employer-funded insurance scheme.
Labour Insurance Regulations 1951 §16

MEDICAL BENEFITS

A national maternity insurance fund exists and may be used for maternity allowances and related medical fees. A Basic Medical Insurance Fund has also been established, but covers only urban workers.
Understanding Labor and Employment Law in China pp136-138

Pre-natal, childbirth and post-natal care

Funds from the maternity insurance fund may be used for maternity allowances and related medical fees, as fixed by local governments.

The Law on Maternal, Infant Health Care stiplulates that the State provides essential conditions and material assistance so that mothers and infants have access to medical and health care services. It further states that medical and health care organs should provide health care services to child-bearing, pregnant and lying-in women during their gestation and lying-in periods.
Understanding Labor and Employment Law in China p138
Law on Maternal, Infant Health Care Chapters I and III
Measures for Implementation of the Law of People’s Republic of China on Maternal and Infant Care Chapters III and IV

Financing of benefits

The maternity insurance fund is financed by employer contributions. The contribution levels are set by local governments, but will not exceed 1% of the total payroll.

The Basic Medical Insurance Fund is funded by mandated employer and employee contributions. The employer’s contribution is split between the general fund (70% of contribution per employee) and the relevant employee’s personal account (30%). Small claims are paid from an employee’s personal account and large claims (exceeding 10% of the employee’s annual wage) are paid from the general fund.
Understanding Labor and Employment Law in China pp136-138, citing the Decision of the State Council on Establishing the Urban Employees’ Basic Medical Insurance System
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BREASTFEEDING

Provision is to be made for breastfeeding breaks and facilities.
Regulations on Labour Protection for Female Workers and Employees 1988 §§9, 11

Right to nursing breaks or daily reduction of hours of work

A female worker or employee having an infant aged under 1 year should be given 2 nursing times (including bottle feeding time), with 30 minutes each break per child, within the working hours of every shift. The two nursing times within the working hours of every shift may be merged into one for use.
Regulations on Labour Protection for Female Workers and Employees 1988 §9

Remuneration of nursing breaks

The nursing time plus the time for travelling to and fro inside the unit shall be counted as working time.
Regulations on Labour Protection for Female Workers and Employees 1988 §9

Nursing facilities

A unit with ’quite many’ female workers and employees should, in accordance with relevant State stipulations, establish step by step such self-run or jointly-run facilities as clinics for females, rest-rooms for pregnant females, nursing rooms, nurseries and kindergartens etc. It should also appropriately solve their problems with respect to physiological hygiene, nursing and infant care.
Regulations on Labour Protection for Female Workers and Employees 1988 §11

HEALTH PROTECTION

A range of provisions relating to health protection for female workers, both pregnant and otherwise, exist.

Arrangement of working time

Female workers who seven or more months’ pregnant, or who are breastfeeding babies under 1 year old, shall not be arranged to extend their working time or to work night shifts.
Labour Law 1994 §§61, 62

Dangerous or unhealthy work

Employing units are prohibited from engaging female workers in a range of dangerous, unhealthy and physically labour-intensive types of work. The categories of prohibited work increase when the worker is pregnant or breast-feeding.
Labour Law 1994 Chapter VII
Regulations on Labor Protection in Workplaces Where Toxic Substances Are Used

General

General prohibition on women performing certain types of risky work:
It is prohibited to arrange female workers to engage in work with Grade IV physical labour intensity as stipulated by the State, or other work that female workers should avoid. During their menstrual period, female workers shall not be arranged to engage in work with Grade III physical labour intensity as stipulated by the State.

Pregnancy-related prohibitions:
Female workers during their pregnancy shall not be arranged to engage in work with Grade III physical labour intensity as stipulated by the State or other work that they should avoid in pregnancy. Female workers who are breastfeeding babies under 1 year old shall not be arranged to engage in work with Grade III physical labour intensity as stipulated by the State, or other labour that they should avoid during the breastfeeding period.
Labour Law 1994 §§59, 60, 61, 62
Regulations on Labour Protection for Female Workers and Employees 1988 §§5, 6, 7, 10
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Particular risks

General prohibition on women performing certain types of risky work:
It is prohibited to arrange female workers to engage in work down the pit of mines. During their menstrual period, female shall not be arranged to engage in work high above the ground, under low temperature, or in cold water.

Pregnancy-related prohibitions:
An employing unit shall not female employees in pregnancy or lactation to engage in the operations in which toxic substances are used.
Labour Law 1994 §§59, 60, 61
Regulations on Labor Protection in Workplaces Where Toxic Substances Are Used §7

NON-DISCRIMINATION AND EMPLOYMENT SECURITY

A range of provisions prohibiting discriminatory treatment of women, including when pregnant, exist.

Anti-discrimination measures

Labourers shall not be discriminated against in employment, regardless of their sex. Females shall enjoy equal rights as males in employment and it shall not be allowed, in the recruitment of staff and workers, to use sex as a pretext for excluding females from employment or to raise recruitment standards for females, except for the types of work or posts that are not suitable for females as stipulated by the State.

No employing unit shall reduce the salary of female employees by reason of marriage, pregnancy, maternity leave or nursing unless the female employees request the termination.
Labour Law 1994 §§12, 13
Law of the People’s Republic of China on the Protection of Rights and Interests of Women §27
’Working Conditions in an Integrating World: Regulating Time, Money and Family Life - China [6.5]
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Prohibition of pregnancy testing

No relevant provisions identified.

Protection from discriminatory dismissal

The employing unit shall not revoke its labour contract with a labourer where the labourer is a female staff member or worker during pregnancy, child-birth or breast-feeding periods.

No employing unit shall dismiss female employees, or unilaterally terminate labour contracts or service agreements with them by reason of marriage, pregnancy, maternity leave or nursing unless the female employees request the termination.
Labour Law 1994 §29
Law of the People’s Republic of China on the Protection of Rights and Interests of Women §§2, 22, 27
Regulations on Labour Protection for Female Workers and Employees 1988 §4
’Working Conditions in an Integrating World: Regulating Time, Money and Family Life - China [6.5]

Burden of proof

No relevant provisions identified.

Guaranteed right to return to work

There is no express right to return to work per se. However, employing units are prohibited from reducing the basic wage or terminating the labour contracts of female workers during the period when female workers and employees are pregnant or on maternity leave or nursing babies.
Regulations on Labour Protection for Female Workers and Employees 1988 §4


Lao People's Democratic Republic - Maternity protection - 2011


LAST UPDATE

2 November 2011

SOURCES


Name of Act

Decree regarding the Social Security Regime for Employees in Enterprises No. 207/PM dated 23 December 1999. Unofficial translation, based upon translation made by Mrs Flipse, adapted by J. Van Langendonck.
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Name of Act

Law on Development and Protection of Women No. 70/PO dated 15 November 2004. Published by the National Assembly of the Lao People’s Democratic Republic at http://www.na.gov.la/docs/eng/laws/soc_cult/Labour%20(2006)%20Eng.pdf and accessed 31 October 2011.
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Name of Act

Labour Act (Amended) 2006, Act No 06/NA dated 27 December 2006. Published by the National Assembly of the Lao People’s Democratic Republic at http://www.na.gov.la/docs/eng/laws/soc_cult/Labour%20(2006)%20Eng.pdf and accessed 31 October 2011.
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MATERNITY LEAVE


Scope

The right to maternity leave applies to all employees who carry out activities in labour units amd to persons working under written contracts for employment of 3 months or more. However, the right to maternity leave does not apply to civil servants, military and police personnel employed in Party or State organisations, the Lao Front for National Construction or mass organisations.
Labour Law (Amended) 2006 §6
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Qualifying conditions

No qualifying conditions identified.

Duration


Compulsory leave

At least 42 days of the 90 day maternity leave entitlement must be taken after giving birth.
Labour Law (Amended) 2006 §39

General total duration

Before and after giving birth, women workers shall be entitled to at least 90 days of maternity leave.
Labour Law (Amended) 2006 §39
Historical data (year indicates year of data collection)
  • 2004: Three months
  • 1998: Ninety days
  • 1994: Ninety days

Extension

No provision for an extension of maternity leave identified, except in the event of certified illness resulting from the birth. In this case, a woman can take additional leave of up to 30 days.
Labour Law (Amended) 2006 §39

Leave in case of illness or complications

No provision for leave in the case of illness or complications during pregnancy identified, beyond the generally-applicable right to sick leave on full pay for up to 30 days per year.

In the event that a woman worker is ill as a result of giving birth, and her illness is certified by a doctor, such worker shall be authorised to take additional leave of at least 30 days with payment of 50% of her salary or wages. In the event that the woman worker suffers a miscarriage, she is entitled to take leave for a certain period as determined by a doctor.
Labour Law (Amended) 2006 §§20, 39

RELATED TYPES OF LEAVE


Parental leave

No relevant leave entitlements identified.

Paternity leave

When a man’s wife delivers a baby, the husband has the right to take leave according to regulations to take care of his wife and children.
Law on the Development and Protection of Women 2004 §22
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Scope

The right to paternity leave under the Law on the Development and Protection of Women applies to all men whose wife delivers a baby.
Law on the Development and Protection of Women 2004 §22

Qualifying conditions

The man must be married to the woman who delivers a baby.
Law on the Development and Protection of Women 2004 §22
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Length

The length of the leave entitlement is not specified by the Law on the Development and Protection of Women and the relevant regulations have not been identified.
Law on the Development and Protection of Women 2004 §22

Adoption leave

No relevant leave entitlements identified.

RIGHT TO PART-TIME WORK


General provisions

No provisions establishing the right to part-time work identified.

CASH BENEFITS


Maternity leave benefits


Scope

The scope of the entitlement to maternity leave cash benefit under the Labour Law mirrors the scope of the entitlement to maternity leave.

The scope of the entitlement to childbirth benefits under the Social Security Decree is limited to insured persons.
Labour Law (Amended) 2006 §§6, 39
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§3, 4
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Qualifying conditions

No qualifying conditions attach to the receipt of maternity leave cash benefits by the worker.
Labour Law (Amended) 2006 §39
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Duration

The maternity leave cash benefits mirror the duration of the maternity leave entitlement, i.e. at least 90 days.
Labour Law (Amended) 2006 §39

Amount

Under the Labour Law, a woman is entitled to her normal salary or wages for at least 90 days of maternity leave and, where her period of absence is extended due to a certified illness resulting from giving birth, she is entitled to payment of 50% of her salary or wages for at least 30 additional days.

Under the Social Security Decree, a woman is entitled to childbirth benefits equal to 70% of the insured earnings for a maximum period of 3 months. If, after 3 months, the woman cannot return to work due to a medical reason, that person shall be entitled to payment of 50% of her salary or wages for at least 30 additional days by her employer and, thereafter, to an amount equivalent to 60% of the insured earnings.
Labour Law (Amended) 2006 §39
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §38
Historical data (year indicates year of data collection)
  • 2009: During maternity leave a women is entitled to their normal pay. Women workers shall, on giving birth to a child, be entitled to a one time benefit equivalent to at least 60 percent of the minimum wage established by the government, if contributions have been fully paid. Where she gives birth to two or more children at the same time, the one time benefit shall be increased by 50 percent (also in the event of a miscarriage). Under the Social Security regime, an insured person shall receive childbirth benefits equal to 70 percent of the insured earnings.
  • 2004: Seventy percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

If a worker is insured by social security (the Short Term Benefit Fund) and contributions have been fully paid, the cash benefits are paid by social security. If not, they are paid by the employer.

Revenue sources of the Social Security Fund derive from:
(i) contributions from employers and employees;
(ii) contributions from those who are voluntarily insured;
(iii) interest or penalties from delayed payment of contributions or in case of violations of regulations or laws;
(iv) revenue from investments.
Labour Law (Amended) 2006 §40
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§15, 16
Historical data (year indicates year of data collection)
  • 2009: If a worker is insured by social security (the Short Term Benefit Fund) and contributions have been fully paid, the cash benefits are paid by social security, if not, they are paid by the employer. Revenue sources of the Social Security Fund derive from: contributions from employers and employees; contributions from those who are voluntarily insured; interest or penalties from delayed payment of contributions or in case of violations of regulations or laws; revenue from investments.
  • 2004: Social security
  • 1998: Social security
  • 1994: Employer (or social security)

Alternative provisions

Under the Labour Law, a woman worker shall, upon giving birth or having a miscarriage, be entitled to an allowance of at least 60% of the minimum wages, plus an additional 50% in the event that she gives birth to 2 or more children at the same time. This allowance is to be paid by the employer or by the social security fund, if the necessary contributions have been fully paid.

Where an insured person has made contributions to the Social Security Fund for 12 months in the last 18 months, the insured person, or (in the case of a male worker) his wife, shall be entitled to receive a childbirth grant for each child to whom she gives birth or adopts (while the child is still under 1 year old). This grant shall be equal to 60% of the minimum wage.
Labour Law (Amended) 2006 §40
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§46, 47

Parental leave benefits


Scope

No cash benefits relating to parental leave identified.

Paternity leave benefits


Scope

The right to paternity leave cash benefits under the Social Security Decree applies to insured persons.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§3, 4, 43, 44
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Qualifying conditions

An insured male shall be entitled to receive childbirth benefits provided that he:
(i) has made contributions for 9 months into the Social Security Fund within the last 12 months; and
(ii) stops work due to childbirth or adoption.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§43, 44

Duration

The benefits may be received for up to 3 months.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §45

Amount

The childbirth benefits equal 70% of the insured earnings.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §45

Financing of benefits

Revenue sources of the Social Security Fund derive from:
(i) contributions from employers and employees;
(ii) contributions from those who are voluntarily insured;
(iii) interest or penalties from delayed payment of contributions or in case of violations of regulations or laws;
(iv) revenue from investments.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§15, 16

Adoption leave benefits


Scope

The right to adoption leave cash benefits under the Social Security Decree applies to insured persons.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§3, 4, 43, 44
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Qualifying conditions

An insured person, whether male or female, shall be entitled to receive childbirth benefits provided that person:
(i) has made contributions for 9 months into the Social Security Fund within the last 12 months; and
(ii) stops work due to adoption.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§43, 44

Duration

The benefits may be received for up to 3 months.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §45

Amount

The childbirth benefits equal 70% of the insured earnings.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §45

Financing of benefits

Revenue sources of the Social Security Fund derive from:
(i) contributions from employers and employees;
(ii) contributions from those who are voluntarily insured;
(iii) interest or penalties from delayed payment of contributions or in case of violations of regulations or laws;
(iv) revenue from investments.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§15, 16

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Women have the rights of treatment, medical examination, and vaccination according to regulations, especially girls, young women and women of reproductive age, including women in remote areas. When a woman delivers a baby, there should be medical staff or birth assistants, as is practical in the circumstances.

An insured person, and the insured person’s spouse and children, are entitled to receive health care benefits, provided that the insured person has paid a minimum of 3 months’ contributions into the Social Security Fund within the last 12 months. The health care benefits include prenatal and postnatal services.
Law on the Development and Protection of Women 2004 §22
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§22, 23, 25

Financing of benefits

Revenue sources of the Social Security Fund derive from:
(i) contributions from employers and employees;
(ii) contributions from those who are voluntarily insured;
(iii) interest or penalties from delayed payment of contributions or in case of violations of regulations or laws;
(iv) revenue from investments.
Decree regarding the Social Security Regime for Employees in Enterprises 1999 §§15, 16

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

During the one-year period after giving birth, the worker has the right to 1 hour per day of rest in order to feed or take care of her child, if she brings her child to a nursery, and to take her child to immunisation in accordance with regulations.
Labour Law (Amended) 2006 §39

Remuneration of nursing breaks

The Labour Law does not specify whether nursing breaks are to be remunerated.

Transfer to another post

An employer shall assign a woman who usually performs work that involves heavy lifting or carrying or long periods of standing, or performs work in the sectors specified in §16 of the Labour Law, to other temporary duties during the period she is caring for her newborn child.

While performing these temporary duties, the woman concerned shall continue to receive her normal salary or wage for a maximum period of three months, after which she shall be paid the salary or wage corresponding to her new assignment.
Labour Law (Amended) 2006 §38
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Nursing facilities

No statutory provision for nursing facilities identified.

HEALTH PROTECTION


Arrangement of working time


Night work

No relevant provisions identified.

Overtime

An employer shall not employ pregnant women or women with a child under 12 months of age to work overtime.
Labour Law (Amended) 2006 §38

Work on rest days

An employer shall not employ pregnant women or women with a child under 12 months of age to work on a holiday.
Labour Law (Amended) 2006 §38

Time off for medical examinations

No relevant provision identified.

Leave in case of sickness of the child

No relevant provisions identified.

Dangerous or unhealthy work


General

The employer shall be responsible for ensuring that the workplace, machines, materials and the various stages of production, including the use of chemicals under its supervision, are safe and not dangerous to the workers’ health.

Further, the employer shall ensure that workers acquire sufficient knowledge of the rules governing their own safety and health protection and should organize training courses in this respect.
Labour Law (Amended) 2006 §42

Risk assessment


» Assessment of workplace risks

No risk assessment provisions specific to pregnant or breastfeeding mothers identified. However, all employers shall be responsible for drawing up work rules concerning labour and health protection, including the implementation of such measures as may be required to ensure protection in the use of machinery, and the installation of various safety equipment, in consultation with trade unions or workers’ representatives in its labour unit.
Labour Law (Amended) 2006 §42

» Adaptation of conditions of work

Beyond the obligation on employers to establish internal regulations concerning labour and health protection, which must include protective measures and the installation of safety equipment, no relevant provisions identified.
Labour Law (Amended) 2006 §42

» Transfer to another post

An employer shall assign a woman who usually performs work that involves heavy lifting or carrying or long periods of standing, or performs work in the sectors specified in §16 of the Labour Law, to other temporary duties during her pregnancy and the period she is caring for her newborn child.

While performing these temporary duties, the woman concerned shall continue to receive her normal salary or wage for a maximum period of three months, after which she shall be paid the salary or wage corresponding to her new assignment.
Labour Law (Amended) 2006 §38
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» Paid/unpaid leave

All workers are entitled to take up to 30 days per year of paid sick leave upon production of a medical certificate. If the requisite medical certificate can be obtained, a pregnant or breastfeeding mother who is subject to a health or safety risk could arguably use this leave entitlement to avoid such a risk. However, no provisions specifically relevant to these circumstances (i.e. risk of harm rather than a realised injury or illness) have been identified.
Labour Law (Amended) 2006 §20

» Right to return

No provision for the right to return to initial position identified.

Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

It is prohibited to employ a woman during pregnancy or during the period she is caring for her newborn child in duties that entail lifting or carrying heavy loads.
Labour Law (Amended) 2006 §38
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» Work involving exposure to biological, chemical or physical agents

It is prohibited to employ a woman during pregnancy or during the period she is caring for her newborn child in a sector involving direct exposure to radiation, dangerous communicable diseases, vapour or smoke which is dangerous to health or dangerous chemicals (such as explosives).

There is also a general prohibition on employers using narcotics or substances dangerous to the health of workers in the labour unit.
Labour Law (Amended) 2006 §§16, 38, 42
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» Working requiring special equilibrium

It is prohibited to employ a woman during pregnancy or during the period she is caring for her newborn child in a sector involving working in the air.
Labour Law (Amended) 2006 §§16, 38
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» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

An employer shall not employ a woman during her pregnancy or during the six months following her confinement to perform any work which entails standing continuously for long periods.
Labour Law (Amended) 2006 §39
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NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The Labour Law states that work shall ensure that the employer and employees receive mutual benefit without discrimination as to race, nationality, gender, age, religion, beliefs or socio-economic status.

The Law on the Development and Protection of Women states that women have the right to choose their professions, to be employed, to be remunerated and to receive other benefits from their work. It also stipulates that women who have the same position, task, work, and responsibility as men shall have the right to remuneration and benefits on an equal basis with men.
Labour Law (Amended) 2006 §2
Law on the Development and Protection of Women 2004 §15

Prohibition of pregnancy testing

No relevant provision identified.

Protection from discriminatory dismissal

An employer shall not have the right to terminate the employment contract of a female employee who is pregnant or has given birth less than one year ago, or to otherwise force such an employee to stop work.
Labour Law (Amended) 2006 §30
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Burden of proof

No relevant provisions identified.

Guaranteed right to return to work

No relevant provisions identified, beyond the prohibition on terminating the employment contract of a female employee who is pregnant or has given birth less than one year ago, or otherwise forcing such employees to stop work.
Labour Law (Amended) 2006 §30


Viet Nam - Maternity protection - 2011


LAST UPDATE

29 August 2011

Data quantity

NORMAL

SOURCES


Name of Act

Labour Code dated 23 June 1994, as amended to 2 April 2002 (effective 1 January 2003), [Law 35-2002-QH10]. Law amending and supplementing a number of articles of the Labour Code dated 29 November 2006 (effective 1 July 2007) also attached. Published by the Ministry of Labour - Invalids and Social Affairs at http://english.molisa.gov.vn and accessed 15 August 2011.
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Name of Act

Law on Social Insurance, Act No. 71/2006/QH11, Official Gazette (the English translation of Công Báo), 2006-11, No. 06-07, pp. 34-62. Published by the Ministry of Labour - Invalids and Social Affairs at http://english.molisa.gov.vn and accessed 15 August 2011.

Name of Act

Decree No. 152/2006 guiding a number of articles of the Law on Social Insurance regarding compulsory insurance, dated 22 December 2006, Official Gazette (the English translation of Công Báo), 2006-12, Nos. 11-12, pp. 5-26. Published by the Ministry of Labour - Invalids and Social Affairs at http://english.molisa.gov.vn and accessed 16 August 2011.

Name of Act

Law on Gender Equality, Law No. 73/2006/QH11, dated 29 November 2006. Published by the Ministry of Labour - Invalids and Social Affairs at http://english.molisa.gov.vn and accessed 15 August 2011.

Name of Act

Circular No. 03/1994 stipulating harmful working conditions and list of occupations in which employment of female is prohibited, dated 28 January 1994. Published by the Ministry of Labour - Invalids and Social Affairs at http://english.molisa.gov.vn and accessed 15 August 2011.

Name of Act

Decree No. 55/2009 on sanctioning of administrative violations of gender equality, dated 10 June 2009. Published by the Ministry of Labour - Invalids and Social Affairs at http://english.molisa.gov.vn and accessed 16 August 2011.

Name of Act

Decree No. 67/2007 on support policies for social protection beneficiaries, dated 13 April 2007. Published by the Ministry of Labour - Invalids and Social Affairs at http://english.molisa.gov.vn and accessed 16 August 2011.

Name of Act

Decree No. 23/1996 providing details and guidance for the implementation of a number of articles of the Labour Code on women labourers, dated 18 April 1996. Published by the Ministry of Labour - Invalids and Social Affairs at http://english.molisa.gov.vn and accessed 15 August 2011.

Name of Act

Decree No. 48/2009 providing for measures to assure gender equality, dated 19 May 2009. Published by the Ministry of Labour - Invalids and Social Affairs at http://english.molisa.gov.vn and accessed 15 August 2011.

MATERNITY LEAVE


Scope

All female workers hired on the basis of a contract of employment in any sector of the economy, regardless of the form of ownership, apprentices and domestic servants. Vietnamese citizens and foreigners working in enterprises with foreign capital or in an international organisation operating in Vietnam are also covered, except if the provision of an international treaty signed by Vietnam provides for other rules. Civil servants, the armed forces and members of coooperatives are covered by other legislation.
Labour Code 1994 §1-3, 114

Qualifying conditions

No qualifying conditions identified.

Duration

The duration of the maternity leave entitlement varies from 4 to 6 months, depending on the nature and conditions of the employee’s work.
Labour Code 1994
Decree No. 23/1996 - Details and guidance on women labourers

Compulsory leave

Women are required to have at least two months’ rest after the birth, and longer if not certified as fit to return to work at that time.
Labour Code 1994 §114(2)
Law on Social Insurance 2006 §36

General total duration

After giving birth, the female employee shall be entitled maternity benefit stipulated as follows:
a) Four months for the female employee who works in normal conditions;
b) Five months for the female employee who works in hazardous occupation or on heavy duty job under the list of hazardous occupations or on heavy duty jobs issued by MoLISA and MoH; on 3 shifts duty; and working regular in areas where the area allowance is indexed at least 0,7 or for the People’s Army and the People’s public security;
c) Six months for the disabled female employee with disability as regulated by the regulations on people with disability in the law;
d) In the case of twin or multiple births, in addition to the period of maternity leave stipulated in this provision, the female employee shall be entitled an additional leave of 30 days for each child from the second.
Law on Social Insurance 2006 §31
Labour Code 1994 §114
Historical data (year indicates year of data collection)
  • 2009: Four months postnatal leave. The female employee may return to work earlier, but not earlier than two months after birth, and provided that she submits a medical certificate attesting to her fitness to work.
  • 2004: Four to six months depending on the working conditions and nature of the work
  • 1998: Four to six months
  • 1994: Four to six months

Extension

Where required and with the agreement of the employer, a female employee may take additional leave without pay at the end of the maternity leave.

If a female worker remains weak after the maternity leave period, she may take leave for convalescence and health rehabilitation for between five and ten days a year.
Labour Code 1994 §114
Decree No. 152/2006 - Guidance on compulsory insurance requirements §15
Law on Social Insurance 2006 §§31, 37

Leave in case of illness or complications

No right to leave in the case of pregnancy-related illness or complications identified. Rather, it is expected that where a female employee has a doctor’s certificate which states that continued employment would adversely affect her foetus, and no alternative work can be provided by her employer, a pregnant female employee may unilaterally terminate the labour contract and shall not be liable for payment of compensation stipulated in article 41 of the Labour Code. In such cases, the period in which the female employee must give notice to the employer shall depend on the period determined by the doctor.
Labour Code 1994 §112
Decree No. 23/1996 - Details and guidance on women labourers §10

RELATED TYPES OF LEAVE


Parental leave

No entitlement to parental leave identified.

Paternity leave

No independent entitlement to paternity leave identified. However, if only the father or the mother is covered by social insurance or both the father and mother are covered by social insurance and the mother dies in childbirth, the father or the person directly nursing the newborn child is entitled to the maternity regime until the child is full 4 months old.
Law on Social Insurance 2006 §31(3)
Decree No. 152/2006 - Guidance on compulsory insurance requirements §15(3)
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Scope

The scope mirrors that of maternity leave entitlements.

Qualifying conditions

The father or the mother must be covered by compulsory insurance, and the mother must have died during childbirth, for the father (or primary care-giver) to be able to assume the maternity leave benefit.
Law on Social Insurance 2006 §31(3)
Decree No. 152/2006 - Guidance on compulsory insurance requirements §15(3)

Length

Four months from the date of the child’s birth.
Law on Social Insurance 2006 §31(3)

Adoption leave

Workers adopting a child under 4 months old are entitled to adoption leave.
Labour Code 1994
Law on Social Insurance 2006

Scope

The following categories of workers are entitled to adoption leave:
a) The Vietnamese employees who work under labour contract with definite term and contract of three months and more;
b) The Government Officials and civil servants;
c) The employees of the National Defense and the employees of the Public Security;
d) The wage-paid military officers, career military personnel, professional non-commissioned officers, officers, and professional non-commissioned officers of the People’s public security; important officers under People’s Army and People’s public security who are entitled military rank allowances.
Law on Social Insurance 2006 §§2(1)(a)-(d), 27

Qualifying conditions

The worker must be adopting a child of under 4 months old to be entitled to a leave of absence for that purpose.
Labour Code 1994 §117
Law on Social Insurance 2006 §§28(1)(c), 32

Length

The employee who adopts a newly-born baby less than 4 months of age shall be entitled to maternity leave benefit until the child reaches 4 months of age.
Law on Social Insurance 2006 §32

RIGHT TO PART-TIME WORK


General provisions

No right to request or transfer to part-time work identified.

CASH BENEFITS


Maternity leave benefits

Female employees are entitled to maternity leave cash benefits in accordance with Session 2 of Chapter 3 of the Law on Social Insurance.
Law on Social Insurance 2006

Scope

The following workers are entitled to cash benefits during maternity leave:
a) Vietnamese employees who work under labour contract with definite term and contract of three months and more;
b) Government Officials and civil servants;
c) employees of the National Defense and the employees of the Public Security; and
d) wage-paid military officers, career military personnel, professional non-commissioned officers, officers, and professional.
Law on Social Insurance 2006 §§2, 27
Labour Code 1994 §141
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Qualifying conditions

Workers giving birth must have paid social insurance premiums for at least 6 months prior to childbirth to qualify for maternity leave cash benefits.
Labour Code 1994 §144
Decree No. 152/2006 - Guidance on compulsory insurance requirements §14(1)

Duration

The maternity leave benefits are for the full period of the relevant maternity leave entitlement, i.e. 4-6 months depending on the nature and conditions of work.
Labour Code 1994 §114(2)
Law on Social Insurance 2006 §§31, 35
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Amount

Workers on maternity leave are entitled to a cash benefit equivalent to 100% of the wages on which the social insurance premiums are based prior to the last 6 months of taking leave of absence, plus an additional allowance of one month’s wages.

The daily benefit for workers taking leave for convalescence and health rehabilitation for between five and ten days a year shall be equivalent to 25% of the common minimum salary (45% if they are in a rest home).
Labour Code 1994 §144
Law on Social Insurance 2006 §§35, 37
Decree No. 152/2006 - Guidance on compulsory insurance requirements §16
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Historical data (year indicates year of data collection)
  • 2009: One hundred per cent of wages. The daily benefit for workers taking leave for convalescence and health rehabilitation for between five and ten days a year shall be equivalent to 25% of the common minimum salary (45% if they are in a rest home).
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The maternity leave cash benefit is to be paid from social insurance funds. The social insurance funds shall be established from the following sources:
(a) The employer shall contribute a sum equivalent to fifteen (15) percent of the total balance of the wages fund;
(b) Each employee shall contribute five per cent of his wage;
(c) The State shall contribute and assist with additional funds to ensure the implementation of social insurance regimes for employees;
(d) Profits generated from the funds;
(dd) Other sources.
Law on Social Insurance 2006
Labour Code 1994 §149
Historical data (year indicates year of data collection)
  • 2009: Social insurance funds.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Alternative provisions

The female employee who gives birth or accepts to raise an adopted infant under 4 months of age is entitled to a lump-sum benefit equivalent to 2 months of the common minimum wage for each child.
Law on Social Insurance 2006 §34
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Parental leave benefits

No parental leave cash benefits entitlements identified.

Paternity leave benefits

No independent entitlement to paternity leave benefits identified. However, if only the father or the mother is covered by social insurance or both the father and mother are covered by social insurance and the mother dies in childbirth, the father or the person directly nursing the newborn child is entitled to the maternity leave benefit until the child is full 4 months old and to the 2 month lump-sum benfit under §34 Law on Social Insurance 2006.
Law on Social Insurance 2006 §§31(3), 34
Decree No. 152/2006 - Guidance on compulsory insurance requirements §15(3)

Scope

See scope of maternity leave benefits.

Qualifying conditions

See qualifying conditions of maternity leave benefits. Further, the mother must have died in childbirth for the father to acquire the entitlement.
Law on Social Insurance 2006 §§31(3), 35
Decree No. 152/2006 - Guidance on compulsory insurance requirements §15(3)

Duration

Up to 4 months from the child’s birth.
Law on Social Insurance 2006 §32

Amount

The level of maternity benefit is equivalent to 100 per cent of the wage on which the social insurance premiums are based prior to the last 6 months of taking leave of absence.
Law on Social Insurance 2006 §35

Financing of benefits

The maternity leave cash benefit is to be paid from social insurance funds. The social insurance funds shall be established from the following sources:
(a) The employer shall contribute a sum equivalent to fifteen (15) percent of the total balance of the wages fund;
(b) Each employee shall contribute five per cent of his wage;
(c) The State shall contribute and assist with additional funds to ensure the implementation of social insurance regimes for employees;
(d) Profits generated from the funds;
(dd) Other sources.
Law on Social Insurance 2006
Labour Code 1994 §149

Adoption leave benefits

When taking leave to adopt a newborn baby, an employee shall be entitled to social insurance benefits or to be paid by the employer a sum equal to the amount of social insurance benefits.
Labour Code 1994 §117
Law on Social Insurance 2006 §§28(1)(c), 35

Scope

The following workers are entitled to cash benefits during adoption leave:
a) Vietnamese employees who work under labour contract with definite term and contract of three months and more;
b) Government Officials and civil servants;
c) employees of the National Defense and the employees of the Public Security; and
d) wage-paid military officers, career military personnel, professional non-commissioned officers, officers, and professional.
Labour Code 1994 §117
Law on Social Insurance 2006 §§2, 27

Qualifying conditions

Workers adopting a child must have paid social insurance premiums for at least six months within twelve months prior to the adoption.
Law on Social Insurance 2006 §28

Duration

For the period of adoption leave (up to 4 months).
Law on Social Insurance 2006 §32, 35

Amount

Workers on adoption leave are entitled to a cash benefit equivalent to 100% of the wages on which the social insurance premiums are based prior to the last 6 months of taking leave of absence.

Further, a female employee who accepts to raise an adopted infant under 4 months of age is further entitled to a lump-sum benefit equivalent to 2 months of the common minimum wage for each child.
Labour Code 1994 §§117, 144
Law on Social Insurance 2006 §§32, 34, 35

Financing of benefits

The adoption leave cash benefit is to be paid from social insurance funds or by the employer.

The social insurance funds shall be established from the following sources:
(a) The employer shall contribute a sum equivalent to fifteen (15) percent of the total balance of the wages fund;
(b) Each employee shall contribute five per cent of his wage;
(c) The State shall contribute and assist with additional funds to ensure the implementation of social insurance regimes for employees;
(d) Profits generated from the funds;
(dd) Other sources.
Labour Code 1994 §§117(1), 149

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Female employees are entitled to receive a payment either from the social insurance system or their employer during leave to attend pregnancy examination(s).
Labour Code 1994 §117(1)

Financing of benefits

Social insurance or employer.
Labour Code 1994 §117(1)

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Female workers breastfeeding children under 12 months of age shall be entitled to 60 minutes of rest on every working day.
Labour Code 1994 §115(3)

Remuneration of nursing breaks

Women who take time off to breastfeed are entitled to full pay.
Labour Code 1994 §115(3)

Transfer to another post

No statutory entitlement to a transfer between posts during the breastfeeding period identified.

Nursing facilities

Enterprises which employ a high number of female employees shall be responsible for assisting the organization of child care centres and kindergartens or for assisting with a portion of the costs of female employees with children of nursing or kindergarten age.

Places where any female employees are employed must have cloakrooms, bathrooms and toilets for women.
Labour Code 1994 §116
Decree No. 23/1996 - Details and guidance on women labourers §5
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HEALTH PROTECTION


Arrangement of working time


Night work

An employer must not allow a female employee who is seven months or more pregnant or currently raising a child under twelve (12) months old to work at night.
Labour Code 1994 §115(1)

Overtime

An employer must not allow a female employee who is seven months or more pregnant or currently raising a child under twelve (12) months old to work overtime.
Labour Code 1994 §115(1)

Work on rest days

No relevant provisions identified.

Time off for medical examinations

Pregnant female labourers are entitled to take leave for five prenatal check-ups, one day for each check-up. In the envent that they live far from medical establishments or have pathological signs or abnormal pregnancies, they are entitled to a two-day leave for each prenatal check-up.

In order to attend to these check-ups, a female employee shall be entitled to social insurance benefits or to be paid by the employer a sum equal to the amount of social insurance benefits.
Law on Social Insurance 2006 §29
Labour Code 1994 §117

Leave in case of sickness of the child

A mother is entitled to take 20 working days for a child under three years of age, and 15 working days at most if the child is between three years and seven years of age.

In order to attend to a sick child under seven years of age, a female employee shall be entitled to social insurance benefits or to be paid by the employer a sum equal to the amount of social insurance benefits.
Labour Code 1994 §117(1)
Law on Social Insurance 2006 §24(1)

Other work arrangements

Women labourers who are employed in categories of work specified in Circular No. 3/1994 and who have not been transferred out as required are entitled to a reduction in working hours (by either 1 or 2 hours per day) without loss of pay.
Labour Code 1994 §§113, 115
Decrees No. 195/1994 and 109/2002 §13
Circular No. 3/1994

Dangerous or unhealthy work


General

It is not allowed to employ women laborers in heavy or dangerous duties or in jobs which require direct contact with harzardous chemicals which may affect their reproduction and child-rearing functions. Enterprises employing women in such work must prepare plans for training and gradually transferring such female to other suitable work or, if replacements are not yet available, reduce their daily work time by at least 2 hours from the required work time while still receiving full pay.

A female employee who is employed in heavy work and is in her seventh month of pregnancy shall be either transferred to lighter duties or entitled to work one hour less every day and still receive the same wage.

The categories of work subject to the prohibition and the transfer requirement are set out in Circular No. 3/1994.
Labour Code 1994 §§113(1), 115
Decree No. 23/1996 - Details and guidance on women labourers §11
Circular No. 03/1994 - Harmful working conditions and prohibited employment for women

Risk assessment


» Assessment of workplace risks

There are no risk assessment requirements specific to pregnant or breastfeeding women. However, when recruiting and organizing employees, an employer must take into account the stipulated health criteria in respect of each job, and must organize the training, instructing, and notification of employees of occupational safety and hygiene regulations, preventive measures, and possible accidents which might occur for each particular job of each employee.
Labour Code 1994 §102

» Adaptation of conditions of work

Where an enterprise is obliged to move women labourers out of jobs proscribed for women workers by Circular No. 03/1994, the enterprise must apply measures to improve the working conditions until the plan for moving them is implemented.
Labour Code 1994 §113
Decree No. 23/1996 - Details and guidance on women labourers §11

» Transfer to another post

A female employee who is 7 months pregnant and performing heavy work shall be either transferred to lighter duties or entitled to work one hour less every day and still receive the same wage.
Labour Code 1994 §115(2)
Circular No. 3/1994

» Paid/unpaid leave

No right to paid or unpaid leave for health risks arising during pregnancy identified. However, where a doctor has certified that continued employment would adversely affect her foetus, a pregnant female employee may unilaterally terminate the labour contract and shall not be liable for payment of compensation stipulated in article 41 of the Labour Code. In such cases, the period of notice that the female employee is required to give shall depend on the period determined by the doctor.
Labour Code 1994 §112

» Right to return

No express right to return to original position following pregnancy-related transfer identified.

Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

It is prohibited to employ female workers in overexerting work (average energy consumption is over than 5 Kcal/ minute and average heart beat is over 120 minute).

Further, a female employee who is 7 or more months pregnant and employed in heavy work shall be either transferred to lighter duties or entitled to work one hour less every day and still receive the same wage.
Labour Code 1994 §§113(1), 115
Decree No. 23/1996 - Details and guidance on women labourers §11
Circular No. 03/1994 - Harmful working conditions and prohibited employment for women

» Work involving exposure to biological, chemical or physical agents

An employer may not assign a female employee to work in which she would be immersed in water or in dirty water that can easily cause infection, in contact with open radiation or subjected to direct exposure to chemicals that can cause gene damage.

A female worker who is 7 or more months pregnant and working in contact with magnetic voltage higher than the permitted standards, or working in direct contact with chemicals whose accumulation in the body causes bad effects on cell metabolism, which is likely cause miscarriage, premature delivery, placenta infection, innate deformity, bad effects on mother’s milk source and pneumonic infection, shall be either transferred to lighter duties or entitled to work one hour less every day and still receive the same wage.
Labour Code 1994 §§113(1), 115
Circular No. 3/1994 - Part B(7) and (8) and Part C(2)

» Working requiring special equilibrium

It is prohibited to employ female workers in high and sheer workplaces.
Labour Code 1994 §113
Circular No. 3/1994

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

A female employee who is in her seventh month of pregnancy and is employed in work involving exposure to high temperatures or high thermal radiation or vibration higher than the permitted standards, or requiring work in uncomfortable position or in places lacking oxygen, shall be either transferred to lighter duties or entitled to work one hour less every day and still receive the same wage.
Labour Code 1994 §115
Circular No. 3/1994 - Part B

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Employers are strictly prohibited from conduct which is discriminatory towards a female employee or conduct which degrades the dignity and honour of a female employee. An employer must implement the principle of equality of males and females in respect of recruitment, utilization, wage increases, and wages. Furthermore, the Labour Code requires employers to give preference to a female who satisfies all recruitment criteria for a vacant position which is suitable to both males and females in an enterprise.
Law on Gender Equality 2006 §§6, 13
Labour Code 1994 §§5, 109, 111(1), 111(2)
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Prohibition of pregnancy testing

No prohibition on pregnancy testing identified.

Protection from discriminatory dismissal

The employer shall not dismiss female workers or unilaterally terminate the employment contract of female workers because of pregnancy, maternity leave or breastfeeding a child under 12 month of age, except in cases where the enterprise ceases its activities.

Further, during pregnancy, maternity leave, or raising a child under twelve (12) months old, a female worker may postpone any unilateral termination of her labour contract or period of consideration for labour discipline, except where the enterprise ceases its operation.
Labour Code 1994 §§39, 111(3)

Burden of proof

No relevant provisions identified.

Guaranteed right to return to work

At the end of normal maternity leave, or maternity leave with additional unpaid days off, a female employee shall be guaranteed employment upon her return to work.
Labour Code 1994 §117(2)

Results generated on: 12th August 2022 at 05:51:24.
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