Maternity provisions of the new Labor Code need clearer guidelines

ANT Lawyers – Apr 17th, 2013 – The new revised Vietnam Labor Code that takes full effect as from May 1st, 2013 (“Labour Code”) brings in some improvements for the employees in Vietnam. The Labor Code aims to improve labor conditions in Vietnam which especially strengthens the rights of female employees on maternity subjects according to the Article 157 Paragraph 1 and 2. It entitles female employees to a maternity leave period of six months prior to and after giving birth. If the employees have a multiple births or a second or more children, mothers will be entitled to one additional month for each child. The prenatal leave period stays at a maximum of two months. A mother whom is still on maternity leave when the new Labour Code takes full effect, shall be entitled to the new provisions.

But the female employees seem to be confused about the new rights. That is due to the fact that the Social insurance payments are not aligned with the change of law. The employer would also expect the authorities to provide them with guidance to pay for the six months maternity leave.

Although several companies have adopted the six month maternity leave mode, the interim payments will be under the old provisions till there is a specific guidance for this. The Vietnam Social Insurance stated that there will be guidelines provided shortly, to confer the rights and contain the fears of the employees who are subject to these new regulations.