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

Chapter II

SPECIFIC PROVISIONS

Article 6. Improvement of working conditions for female employees

1. Employers shall ensure that there are sufficient bathrooms and restrooms at working places according to regulations of the Ministry of Health.

2. Employers are encouraged to cooperate with the internal trade union in building up plans and taking measures so that female employees have constant jobs, flexible working schedules including part-time jobs and work-at-home jobs according to reasonable requests of female employees.

Article 7. Healthcare services for female employees

1. When having periodic check-up, female employees will receive maternity-related examination according to the list of maternity-related examination promulgated by the Ministry of Health.

2. During the menstruation, female employees will have time-off as follows:

a) 30 minutes per day for at least 03 days per month;

b) Employees shall be fully paid for such time-off according to the labor contracts;

c) The length of time off shall be agreed by the employees and the employers according to the actual conditions at working place and the need of the employees.

3. During the time of raising infants, female employees will have time-off as follows:

a) 60 minutes per day to breastfeed children, collect and store milk or to take rest;

b) Employees shall be fully paid for such time-off according to the labor contracts.

4. Employers shall build rooms for collecting and storing breast-milk according to the actual conditions of working places and the need of the female employees and capacity of the employers.

5. Employers are encouraged to enable female employees raising infants to collect and store breast-milk at working places. Time off duration shall be agreed by the employees and the employers.

Article 8. Right to unilaterally terminate or suspend labor contract of pregnant employees

1. If a pregnant employee has a confirmation given by a competent medical facility that the continuation of working will impact negatively the embryo, she may unilaterally terminate or suspend the labor contract, provided a prior notice enclosed with the recommendation of the medical facility is submitted to the employer.

2. Deadline for prior notice of unilateral termination/suspension of labor contract shall be according to prescription of the competent medical facility.

3. Regarding the suspension of labor contract, duration of suspension shall be agreed between the employees and the employers supposed but not shorter than the duration recommended by the competent medical facility. If there is no prescription of a competent medical facility about the duration of suspension, the two parties shall negotiate the suspension duration themselves.

Article 9. Assistance of employers in the establishment of kindergartens/nursery schools or subsidies to fees for kindergartens/nursery schools

1. Depending on specific conditions, the employer shall build up plans on assistance, establishment of kindergartens/nursery schools, or provision of subsidies on fees for kindergartens/nursery schools with cashes or items. Level and time of provision of subsidies shall be agreed between the employer and the female employee.

2. Employers are encouraged to establish kindergartens and nursery schools.

Article 10. Establishment of kindergartens and nursery schools at workplaces where there are many female employees

People’s Committees of provinces shall preside over the establishment of kindergartens and nursery schools at workplaces where there are many female employees as follows:

1. Build up planning for establishment of kindergartens/nursery schools when planning or establishing industrial zones according to the laws. If an industrial zone has been finished without planning for kindergartens/nursery schools, an additional planning shall be built up;

2. Establish kindergartens and nursery schools according to demand of female employees;

3. Manage the operation of kindergartens and nursery schools according to the laws;

4. Develop policies to encourage individuals/organizations to invest in the establishment of kindergartens/nursery schools.

Article 11. Supportive policies for employers

1. Any employer who invests in the establishment of kindergartens, nursery schools, medical facilities, cultural works or welfare works conformable to regulations of the Prime Minister in terms of scale and standards shall be entitled to incentive policy for private sector involvement according to current regulations on incentive policies for private sector involvement in the fields of education, vocational training, healthcare, culture, sports and environment.

Any employer who invests in the establishment of housing for employees shall be entitled to preferential policies according to regulations in the Law on Housing.

2. Any employers hiring lots of female employees shall be entitled to the incentives as follows:

a) Such employers are eligible for reduction of enterprise income tax according to law provisions on enterprise income tax;

b) Additional expenses for female employees will be deductible when determining revenues subject to paying enterprise income tax according to regulations of the Ministry of Finance.