Chương X Luật Lao động 1994: Những quy định riêng đối với lao động nữ

Chapter X

SPECIFIC PROVISIONS ON WOMEN'S LABOR

Article 109.-

1- The State ensures the right to equality of women to men in all domains of employment and shall adopt policies encouraging employers to create conditions for female employees to have regular jobs. It should also widely apply to female employees the system of flexible work schedule, non-full work day, non-full work week, and take-home work.

2- The State shall adopt for female employees policies and measures to expand their employment step by step, improve their working conditions, upgrade their professional standard, care for their health, and promote their material and spiritual welfare with a view to helping the female employees effectively promote their professional capabilities and harmoniously combine work with family life.

Article 110.-

1- The State agencies have the responsibility to devise diversified and convenient forms of training for female employees to provide them with skills for jobs other than their incumbent ones, and to facilitate the use of female labor in a manner suitable to the physical characteristics of women as well as their maternal function.

2- The State shall adopt policies of preferential treatment and tax reduction to the businesses employing a predominantly female labor force.

Article 111.-

1- Gender discrimination against female employees and abuse of their honor and dignity by the employer are strictly forbidden.

The employer must observe the principle of gender equality in recruitment, utilization, pay raise and remuneration for work performed.

2- The employer must give priority to the woman who meets all the requirements for a job position that the business is seeking to fill and which can be filled by either a man or a woman.

3- The employer may not dismiss or unilaterally terminate a labor contract with a female employee for reasons of marriage, pregnancy, maternity leave or of caring for her child under 12 months of age, unless the business terminates its operation.

Article 112.- The pregnant female employee is entitled to unilaterally terminate her labor contract without having to pay compensation, stipulated in Article 41 of this Code, if she can produce a certification by a doctor that there will be harmful effects on the fetus if she continues working. In this case, the time limit during which the female employee has to notify her employer in advance about her job termination shall depend on the time prescribed as safe for her by the doctor.

Article 113.-

1- The employer is not allowed to use female labor for heavy or dangerous jobs or jobs which necessitate exposure to noxious substances of harmful effects on the reproductive and child-rearing function of women. The list of such substances is to be published by the Ministry of Labor, War Invalids and Social Welfare and the Ministry of Public Health.

Businesses employing female labor for the above mentioned jobs must adopt plans for retraining in order to transfer gradually such female employees to more appropriate jobs, must increase health protection, and must improve the working conditions or reduce the work time.

2- The employer may not use female employees of any age for permanent work in mines or jobs requiring constant immersion in water.

Article 114.-

1- The female employee is entitled to take leave before and after child birth, for four to six months, according to prescriptions by the Government and depending on the working conditions, the character of the job and whether it is a heavy or noxious job or a job in a remote region. If she gives birth to a twin or more children, the mother is entitled to another 30 days of leave for each additional child. The rights and interests of the female employees during maternity leave are defined in Article 141 and 144 of this Code.

2- Upon the end of the maternity leave, the female employee may take and additional unpaid leave, as may be agreed with the employer, if she so requests. The female employee may return to work before the end of her maternity leave, but no sooner than two months after the childbirth, if her doctor certifies in writing that her return to work will not harm her health. However, she must notify the employer in advance. In this case the female employee shall continue to receive the childbirth allowance besides the pay for her labor.

Article 115.-

1- The employer may not assign a female employee who is seven or more months pregnant or who is caring for her child of less than 12 months of age to overtime work, nighttime work or work involving significant travel.

2- From the seventh month of her pregnancy onward, the female employee performing heavy labor shall be assigned to a lighter job or shall have her work day reduced by one hour, while continuing to receive full pay.

3- The female employee is entitled to 30 minutes of rest per workday during her menstrual period. The female employee caring for her child of less than 12 months of age is entitled to 60 minutes off during work time while continuing to receive full pay.

Article 116.-

1- At locations where female employees work, there must be a place to change, a bathroom and a room for women's hygiene.

2- In places where a large female labor force is employed, the employer has the responsibility to help organize day-care centers for children, or cover part of the cost incurred to the female employees in sending their children to day-care centers.

Article 117.-

1- During her leave for pre-natal examination, for taking a family-planning measure, or on account of a miscarriage, tending a sick child under seven years of age or of adopting a new-born, the female employee shall still receive a social insurance allowance or shall be paid a sum equivalent to the social insurance allowance by the employer. The duration of the leave and the level of allowance stipulated in this item shall be defined by the Government. If the sick child is cared for by a person other than the mother, the mother shall still receive the social insurance allowance.

2- Upon completion of her statutory maternity leave and even the additional unpaid leave allowed to her, the female employee shall still be assured of her job when she returns to work.

Article 118.-

1- At businesses employing a large female labor force, the persons responsible at the managerial board must assign an individual to monitor female labor affairs. Before taking any decision related to the rights and interests of the female employees and their children, consultation must be made with the representative of the female employees.

2- Among the labor inspectors there must be an appropriate number of women inspectors.,