To protect women's motherhood, pregnant workers enjoy more preferential rights than other subjects.
Pregnant workers face many health and psychological problems. To protect women's motherhood, pregnant workers enjoy more preferential rights than other subjects. The 2019 Labor Code clearly stipulates the protection of pregnant workers as follows:
1. Not subject to labor discipline:Employers are not allowed to discipline employees who are pregnant, on maternity leave, or raising children under 12 months old. Therefore, if a pregnant employee violates discipline, she will not be disciplined. However, after the end of her pregnancy, maternity leave, or raising children under 12 months, the female employee can still be disciplined because the statute of limitations for handling labor discipline can be extended.
2. Unilateral termination of labor contract:If a pregnant employee continues to work, it will have a negative impact on the fetus and must have confirmation from a medical facility to unilaterally terminate the labor contract. This case is considered a legal unilateral termination of the contract. At that time, the employee will be entitled to severance pay if he/she has worked regularly for the employer for 12 months or more according to the provisions of Article 46 of the 2019 Labor Code.
3. No need to work nights, overtime, or go on business trips:Pregnant workers from the 7th month or from the 6th month (if working in mountainous, remote, border, or island areas) and those raising children under 12 months old will not have to work at night, work overtime, or go on long business trips.
4. Maximum 2 months of maternity leave:Pregnant workers are entitled to 6 months of maternity leave before and after giving birth. In case a female worker gives birth to twins or more, from the second child onwards, the mother is entitled to 1 additional month of leave for each child. This time will be deducted from the maternity leave.
5. Be transferred to lighter work or reduce 1 daily working hour:Female workers who do heavy, toxic, dangerous or especially heavy, toxic, dangerous jobs or jobs that have negative effects on reproductive function and child-rearing during pregnancy and notify the employer will be transferred to lighter, safer work or have their daily working hours reduced by 1 hour by the employer without any reduction in wages, rights and benefits until the end of the period of raising children under 12 months old.
LAN ANH(synthetic)