Joint Circular No. 40/2011/TTLT-BLDTBXH-BYT stipulates harmful working conditions and jobs that shall not employ female workers, pregnant female workers, or female workers nursing children under 12 months old.

JOINT CIRCULAR

Regulations on harmful working conditions and jobs not to be assigned

to female workers pregnant female workers

or female workers nursing children under 12 months old

_______________________

Pursuant to the Labour Code dated June 23, 1994; Law Amending and Supplementing Certain Articles of the Labour Code dated April 2, 2002; Law Amending and Supplementing Certain Articles of the Labour Code dated November 29, 2006;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labour, Invalids and Social Affairs;

Pursuant to Decree No. 188/2007/NĐ-CP dated December 27, 2007 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health and Decree No. 22/2010/NĐ-CP dated March 9, 2010 of the Government amending and supplementing Article 3 of Decree No. 188/2007/NĐ-CP dated December 27, 2007 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

The Ministry of Labour, Invalids and Social Affairs and the Ministry of Health hereby stipulate harmful working conditions and a list of jobs not to be assigned to female workers, pregnant female workers, or female workers nursing children under 12 months old as follows:

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates harmful working conditions and a list of jobs not to be assigned to female workers, pregnant female workers, or female workers nursing children under 12 months old.

2. This Circular applies to agencies, enterprises, organizations (hereinafter referred to as labor-using entities) and individuals using female workers, pregnant female workers, or female workers nursing children under 12 months old, including:

a) Administrative agencies, public service units, people's armed forces (people's army, people's police), political organizations, political-social organizations, social-professional organizations, other social organizations;

b) Enterprises of all economic sectors;

c) Cooperatives, Cooperative Federations;

d) Foreign agencies, international organizations with offices located within the territory of the Socialist Republic of Vietnam;

e) Other individuals and organizations using female workers.

Article 2. Harmful Working Conditions Not to Be Assigned to Female Workers

1. Workplaces with pressure greater than atmospheric pressure.

2. Dangerous high-altitude workplaces.

3. Frequent immersion in water (for more than four hours a day, for more than three days a week).

4. Excessive physical exertion (average energy expenditure over 5 Kcal/minute, average heart rate over 120 beats/minute).

5. Exposure to open radiation sources.

Article 3. Harmful Working Conditions Not to Be Assigned to Pregnant Female Workers or Female Workers Nursing Children Under 12 Months Old

In addition to the harmful working conditions specified in Article 2 of this Circular, pregnant female workers or female workers nursing children under 12 months old shall not be assigned to work in the following conditions:

1. Exposure to electromagnetic fields exceeding permissible limits;

2. Direct contact with certain chemicals that easily accumulate in the body, causing genetic mutations or adversely affecting cell metabolism, leading to miscarriage, premature birth, placental infection, congenital defects, adverse effects on breast milk, respiratory infections;

3. Immersion in dirty water, easily leading to infection;

4. Ambient air temperature in workshops above 40°C in summer and above 32°C in winter or exposure to high radiant heat;

5. In working environments with whole-body and localized vibration levels higher than permitted standards; use of machinery and equipment with whole-body and localized vibration levels higher than permitted standards;

6. Constricted or oxygen-deficient postures.

Article 4. List of jobs that shall not employ female workers, pregnant female workers, or female workers nursing children under 12 months old

The list of jobs that shall not employ female workers, pregnant workers, or workers nursing children under 12 months old is specified in the Appendix attached to this Circular.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. Employers and individuals using labor have the responsibility to:

a) Review the jobs currently performed by female workers based on harmful working conditions and jobs that shall not employ female workers as stipulated in this Circular. Based on this review, develop plans to rearrange, retrain, or transfer them to suitable occupations or jobs in accordance with their health status;

b) Not allow female workers to work in harmful working conditions and jobs that shall not employ female workers at the latest 12 months from the date this Circular takes effect, but shall not abuse this to dismiss or terminate female workers. For pregnant women or those nursing children under 12 months old, these measures must be implemented immediately upon the effectiveness of this Circular; report the implementation results to the Department of Labor, Invalids and Social Affairs and the Department of Health of the locality.

c) Organize mid-term and annual reviews of the implementation of this Circular concurrently with the mid-term and annual reviews of occupational safety and health conditions at the workplace.

2. Departments of Labor, Invalids and Social Affairs shall be responsible for:

a) Coordinate with the Department of Health and the Trade Union of the locality to regularly urge, inspect, and supervise the implementation of this Circular at workplaces employing female workers;

b) Strengthen inspections, promptly identify and handle violations of laws regarding the employment of female workers, pregnant female workers, or female workers nursing children under 12 months old;

c) Summarize and report annually to the Ministry of Labor, Invalids and Social Affairs on the implementation of this Circular together with the occupational safety and health conditions of workplaces within their jurisdiction.

Article 6. Effectiveness

1. This Circular takes effect from February 20, 2012.

2. Repeal Joint Circular No. 03/TT-LB dated January 28, 1994 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health concerning the provisions on harmful working conditions and jobs that shall not employ female workers from the date this Circular takes effect.

During implementation, if there are difficulties or obstacles, please reflect them to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health for consideration and resolution./.