Chương I Nghị định 85/2015/NĐ-CP hướng dẫn bộ luật lao động chính sách lao động nữ: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Decree details a number of articles of the Labor Code in terms of policies for female employees, including representatives of female employees; female employees’ right to work equally; improvement of working conditions and healthcare services for female employees; right to unilaterally terminate/suspend labor contracts of pregnant employees; employers’ assistance in the establishment of kindergartens/nursery schools or subsidies on the costs of kindergartens/nursery schools; establishment of kindergartens/nursery schools in workplaces where there are many female employees, and policies on subsidies for employers.

Article 2. Regulated entities

1. Female employees.

2. Employers hiring female employees.

3. Other relevant agencies, organizations and individuals.

Article 3. Interpretation of terms

1. Employers hiring lots of female employees are any of the following employers:

a) Employers who hire 10 to 99 female employees where the number of female employees makes up at least 50% of total employees;

b) Employers who hire from 101 to 999 female employees where the number of female employees makes up at least 30% of total employees;

c) Employers who hire at least 1,000 female employees.

2. Places with lots of female employees:

a) Any industrial zones, industrial complexes, processing and exporting zones, economic zones, hi-tech zones (hereinafter referred to as industrial zones) where at least 5,000 female employees working for enterprises who have social insurance in the industrial zone area;

b) Communes, wards and towns where at least 3,000 female employees register for permanent residence or temporary residence.

3. A room for collection and storage of breast-milk is a separate area of at least 6 square meters that is equipped with electricity, refrigerators, tables, chairs and is kept hygienic; tissues or towels, breast pumps and sterilized bottles (if available).

Article 4. Representatives of female employees

A representative of female employees as prescribed in Clause 2 Article 154 of the Labor Code is determined as follows:

1. If an internal trade union has been established, it shall be the representative of female employees;

2. If the internal trade union has not been established, representative of female employees shall be the superior trade union according to the request of female employees. If female employees do not request the representative, the employer shall collect opinions of more than 50% of female employees in the enterprise;

3. The Trade Union specified in Clause 1 and the directly superior Trade Union specified in Clause 2 of this Article shall comply with rights and responsibilities in the collection and reporting of opinions of female employees on issues relating to their rights and interests when the employer requests.

Article 5. Equal rights of female employees to work

1. Rights of female employees to work equally prescribed in Clause 1 Article 153 of the Labor Code is specified as follows:

a) The employer shall ensure  equal rights between male employees and female employees in terms of recruitment, assignment, training, wages, awards, promotion, payment of wage and policies on social insurance, medical insurance, unemployment insurance, working conditions, labor safety, working time, rest time and other welfare pertaining to physical and spiritual conditions;

b) The state shall ensure the equality in the fields specified in Point a Clause 1 of this Article in labor relation and policies on preferential treatment and occasional tax reduction.

2. The State shall encourage employers to:

a) Prioritize females in recruitment and assignment if the job is suitable for both males and females and the applicant is qualified;

b) Establish and carry out better policies for female employees than the ones regulated in the laws.