Question: May I ask, according to the current regulations, does a company with 150 female workers obligate to provide a lactation room and storage for breastmilk at the work place?
Advise from the ACDC Department of Legislation:
Based on Article 5 and 6 of Decree 145/2020/NĐ – CP detailing and guiding the implementation of certain provisions of the Labor Code regarding working conditions and labor relations related to health care for female workers, the regulations are as follows:
5. Employers are facilitated to install suitable breastfeeding rooms and storage facilities at the workplace based on the actual conditions, the needs of female workers, and the capacity of the employers. In cases where the number of female workers employed is 1,000 or more, it is mandatory to install breastfeeding rooms and storage facilities at the workplace.
6. Employers are encouraged to create conditions for female workers to breastfeed and store breast milk at the workplace for children aged 12 months and older. The duration of breaks for breastfeeding and storing breast milk shall be agreed upon between the worker and the employer."
According to the above regulations, if a company has 150 female workers, it is not mandatory to have breastfeeding rooms and storage facilities at the workplace for the workers. The law motivates companies to install suitable breastfeeding rooms and storage facilities based on the actual conditions, the needs of female workers, and the capacity of the employers. Additionally, employers are encouraged to create conditions for female workers to breastfeed and store breast milk at the workplace for children aged 12 months and older.
