Decree No. 85/2015/ND-CP details certain provisions of the Labor Code concerning policies for female workers, including equal employment rights, improved working conditions, health care, the right to unilaterally terminate labor contracts during pregnancy, and support from employers. This decree applies to female workers, employers who employ female workers, and related agencies and organizations.
适用范围
Female workers; Employers employing female workers; Other relevant agencies, organizations, and individuals.
要点
- refers to employers with between 10 and less than 100 female workers accounting for 50% or more of the total workforce; between 100 and less than 1,000 female workers accounting for 30% or more; and 1,000 female workers or more.
- Female workers are entitled to regular specialized obstetric and gynecological health check-ups, a 30-minute break each day during menstruation, and a 60-minute break each day when nursing children under 12 months old for breastfeeding, expressing, and storing milk.
- Employers are responsible for establishing kindergartens or nurseries, or supporting part of the costs for childcare services for female workers with children within the age range for childcare.
- Pregnant female workers have the right to unilaterally terminate their labor contracts or temporarily suspend the performance of their contracts if continuing to work would adversely affect the fetus.
- Employers are supported with reduced corporate income tax and additional expenses for female workers that can be deducted from taxable income.
🌐 本文件的社会影响
- Positive impact: Support to improve working conditions, healthcare, and benefits for female workers.
- Negative impact: Increased costs for employers due to the need to establish kindergartens or nurseries or to support childcare costs.
❓ 常见问题
How much time off is granted to female workers during menstruation?
Female workers are entitled to a 30-minute break each day, with a minimum of three days per month.
What responsibilities do employers have when female workers are pregnant?
Employers must accept requests from female workers to unilaterally terminate or temporarily suspend labor contracts if continuing to work would adversely affect the fetus.
What support is provided to female workers when they are nursing children under 12 months old?
Female workers are entitled to a 60-minute break each day for breastfeeding, expressing, and storing milk, and this time is paid at full contractual wage rates.
By how much can employers reduce their corporate income tax?
Employers may be eligible for reduced corporate income tax and additional expenses for female workers that can be deducted from taxable income.
Where should employers establish kindergartens or nurseries?
Employers should establish kindergartens or nurseries in areas with a high concentration of female workers, such as industrial zones or communes, wards, towns with 3,000 or more female workers.
全文
DECREE
Detailed provisions on certain articles of the Labor Code concerning policies for female workers.
Policies for female workers.12. Leather shoes
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Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Labor Code dated June 18, 2012;
Decree No. 07/2021/NĐ-CP
The Government promulgates this Decree detailing certain articles of the Labor Code concerning policies for female workers.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree details certain articles of the Labor Code concerning policies for female workers including: Representation of female workers; equal working rights of female workers; improvement of working conditions and health care for female workers; right to unilaterally terminate or temporarily suspend labor contracts of pregnant female workers; assistance from employers in establishing kindergartens or preschools or part of the costs for childcare; organization of kindergartens or preschools in areas with many female workers and support policies for employers.
Article 2. Applicability
1. Female workers.
2. Employers using female workers.
3. Other relevant agencies, organizations, and individuals.
Article 3. Terms Used in this Decree
1. An employer using many female workers is an employer falling under one of the following cases:
a) Using from 10 to less than 100 female workers, wherein the number of female workers accounts for 50% or more of the total workforce;
b) Using from over 100 to less than 1,000 female workers, wherein the number of female workers accounts for 30% or more of the total workforce;
c) Using 1,000 female workers or more.
2. Areas with many female workers are determined as follows:
a) Industrial zones, industrial clusters, export processing zones, economic zones, high-tech parks (referred to as industrial zones) having 5,000 or more female workers employed in enterprises within such zones and participating in social insurance contributions in the area;
b) Communes, wards, towns having 3,000 or more female workers registered as permanent residents or temporary residents in those communes, wards, towns.
3. Breastfeeding and milk storage room: A separate space of at least 6 square meters, equipped with clean water supply, electricity, ensuring hygiene, refrigerators, chairs, tables; tissues or cleaning cloths, breast pumps, sterilization bottles (if available).
Article 4. Representation of Female Workers
The representation of female workers as stipulated in Clause 2, Article 154 of the Labor Code shall be determined as follows:
1. In cases where trade unions have been established, the representative of female workers is the grassroots trade union;
2. In cases where trade unions have not been established, the representative of female workers is the higher-level trade union directly overseeing the grassroots level if requested by the collective of female workers. If there is no request, the employer shall seek opinions from more than 50% of the female workers in the enterprise;
3. The grassroots trade union as specified in Clause 1 and the higher-level trade union directly overseeing the grassroots level as specified in Clause 2 of this Article shall perform their rights and responsibilities in consolidating and reflecting the opinions of female workers regarding issues related to their rights and interests when the employer seeks opinions.
Article 5. Equal Working Rights of Female Workers
1. The equal working rights of female workers as stipulated in Clause 1, Article 153 of the Labor Code are as follows:
a) Employers have the responsibility to ensure equality between female and male workers in recruitment, employment, training, wages, rewards, promotion, remuneration for labor, social insurance, health insurance, unemployment insurance, working conditions, occupational safety, working hours, rest periods, other welfare benefits in material and spiritual aspects;
b) The State ensures equality in all fields as stipulated in Point a, Clause 1 of this Article in labor relations, preferential policies, tax reduction policies.
2. The State encourages employers:
a) To prioritize the recruitment and employment of women who meet the qualifications and standards for jobs suitable for both men and women;
b) To implement better policies for female workers than those prescribed by law.
Chapter II
SPECIFIC PROVISIONS
Article 6. Improving working conditions for female workers
1. Employers ensure that there are sufficient shower rooms and toilets suitable for use at the workplace in accordance with the regulations of the Ministry of Health.
2. Encourage employers to cooperate with trade unions to develop plans and implement solutions to provide female workers with stable employment, apply flexible working hours, part-time work, and home-based tasks in line with the legitimate wishes of female workers.
Article 7. Health care for female workers
1. When undergoing regular health check-ups, female workers are entitled to specialized obstetric and gynecological examinations according to the list of such examinations issued by the Ministry of Health.
2. Female workers during menstruation are entitled to rest as follows:
a) Thirty minutes per day, for a minimum of three days in a month;
b) The period of rest shall be paid in full according to the labor contract;
c) The specific period of rest shall be agreed upon between the worker and the employer based on the actual conditions at the workplace and the needs of the female worker.
3. Female workers during the period of nursing children under twelve months old are entitled to rest as follows:
a) Sixty minutes per day during working hours for breastfeeding, expressing, storing milk, and resting;
b) The period of rest shall be paid in full according to the labor contract.
4. Employers shall install rooms for expressing and storing breast milk suitable for the actual conditions at the workplace, the needs of female workers, and the capacity of the employer.
5. Encourage employers to create conditions for female workers nursing children aged twelve months or older to express and store breast milk at the workplace. The period of rest shall be agreed upon between the worker and the employer.
Article 8. Right to unilaterally terminate or suspend the labor contract of pregnant female workers
1. Pregnant female workers who have a confirmation from a competent medical facility that continuing to work will adversely affect the fetus have the right to unilaterally terminate their labor contract or temporarily suspend the performance of the labor contract but must notify the employer in advance, accompanied by the opinion of the competent medical facility regarding the adverse effects of continued work on the fetus.
2. The advance notice period for unilaterally terminating or suspending the performance of the labor contract shall be determined according to the period designated by the competent medical facility.
3. In cases where the labor contract is temporarily suspended, the suspension period shall be agreed upon between the worker and the employer, but it must be at least equal to the temporary rest period designated by the competent medical facility. If there is no designation by the competent medical facility regarding the temporary rest period, both parties shall agree on the suspension period of the labor contract.
Article 9. Assistance and support from employers in building kindergartens or preschool classes or partially covering childcare costs
1. Based on specific conditions, employers shall develop plans and programs to assist and support the construction of kindergartens or preschool classes or partially cover childcare costs for female workers with children within the age range for childcare or preschool, either in cash or in kind. The level and duration of support shall be agreed upon between the employer and the representative of female workers.
2. Encourage employers to organize and build kindergartens or preschool classes.
Article 10. Organizations of kindergartens and nursery classes in areas with many female workers
Provincial People's Committees under the Central Government shall be responsible for directing and implementing the organization and construction of kindergartens and nursery classes in areas with many female workers as follows:
1. Planning the construction of kindergartens and nursery classes when planning and establishing industrial zones according to the provisions of the law. In cases where industrial zones have been established but there is no planning for kindergartens and nursery classes, supplementary planning should be carried out to construct kindergartens and nursery classes;
2. Constructing kindergartens and nursery classes in accordance with the demand for childcare;
3. Implementing management of the activities of kindergartens and nursery classes in accordance with the provisions of the law;
4. Having policies to encourage individuals and organizations to invest in constructing kindergartens and nursery classes.
Article 11. Support policies for employers
1. Employers who invest in building kindergartens, nursery classes, health facilities, cultural works, and other welfare facilities, if meeting the conditions regarding scale and standards as prescribed by the Prime Minister, shall enjoy socialization encouragement policies according to current state regulations on encouraging socialization in education, vocational training, healthcare, culture, sports, and environmental activities;
In cases of investing in building housing for workers, they shall enjoy preferential policies as stipulated by the Law on Housing.
2. Employers using many female workers shall be supported by the State as follows:
a) Enjoy tax reduction on corporate income tax according to the Corporate Income Tax Law;
b) Additional expenses for female workers shall be deductible when determining taxable corporate income according to the regulations of the Ministry of Finance.
Chapter III
IMPLEMENTATION
Article 12. Implementation Organization
1. The Ministry of Labor, Invalids and Social Affairs shall be responsible for:
a) Take the lead and coordinate with relevant agencies to publicize and disseminate policies for female workers;
b) Inspect and audit the implementation of the provisions of this Decree.
2. The Ministry of Finance shall coordinate with relevant ministries and sectors to guide provincial people's committees under the central government to implement the provisions of Article 10 of this Decree.
3. The Ministry of Education and Training shall take the lead and coordinate with relevant ministries and sectors to guide provincial people's committees under the central government to implement the provisions of Article 10 of this Decree.
4. The Ministry of Health is responsible for:
a) Guide the standards for shower rooms and toilet rooms as prescribed in Clause 1, Article 6 of this Decree;
b) Issue a list of specialized gynecological examinations for female workers as prescribed in Clause 1, Article 7 of this Decree;
c) Guide the standards for breast milk extraction and storage rooms as prescribed in Clause 4, Article 7 of this Decree.
5. Other relevant ministries and sectors within their scope of responsibility shall cooperate with the Ministry of Education and Training to guide provincial people's committees under the central government to implement the provisions of Article 10 of this Decree.
6. Provincial People's Committees under the central government shall be responsible for:
a) Publicizing, disseminating, inspecting, and auditing the implementation of policies for female workers as prescribed in this Decree;
b) Reviewing and identifying areas with many female workers and organizing the implementation of the provisions of Article 10 of this Decree.
Article 13. Effective Date
1. This Decree takes effect from November 15, 2015.
2. Decision No. 23/CP dated April 18, 1996 of the Government detailing and guiding the implementation of certain provisions of the Labor Code concerning special provisions for female workers shall cease to be effective from the date this Decree takes effect.
1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.
Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and municipal People's Committees under the Central Government, related organizations, and individuals shall be responsible for implementing this Decree./
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