Question: In accordance with the current labor law, under what circumstances are pregnant female workers allowed to unilaterally terminate or suspend their employment contracts? Thank you for your advice!
Law Department - ACDC advises:
Pursuant to Article 138 of the Labor Code 2019, which provides for the right to unilaterally terminate or suspend the labor contract of pregnant female employees, accordingly, pregnant female employees have the right to unilaterally terminate the labor contract or postpone the performance of the labor contract if they have certifications of the competent medical establishments that continuing work will adversely affect the fetus.
Note:
- Female employees must notify the employer with the certification of competent medical examination and treatment establishments that the continuation of work will adversely affect the fetus in case the female employee wants to unilaterally terminate the labor contract or postpone the performance of the labor contract;
- The time of suspension shall be agreed upon by the employee with the employer but must be at least equal to the time appointed by the competent medical examination and treatment establishment. In case there is no indication of a competent medical examination and treatment establishment on the time of suspension, the two parties shall agree on the time of suspension of the performance of the labor contract.
----------------------------------------------------------------------------------------------
Above is our advice on your questions. Persons with disabilities and relatives of persons with disabilities can contact us via the following channels:
Hotline: 024 6329 1019 or 024 6291 0814 (on business hours from Monday to Friday).
Email: tuvan@acdc.org.vn
Fanpage: Viện ACDC
This is a completely free consultation service for persons with disabilities and relatives of persons with disabilities nationwide.
