Tiếng Việt
Table of Contents
1. What is a employment contract?
2. Can pregnant female workers suspend their employment contracts?
3. The duration of suspension of employment contracts according to legal regulations
1. What is a employment contract?
Pursuant to Article 13 of the 2019 Labour Code on Employment Contracts:
“Article 13. Employment contracts
1. An employment contract is an agreement between a worker and employer about remunerated work, wages, working conditions and the rights and obligations of each party to the labour relations.
An agreement between two parties under a different title but with contents reflecting remunerated work, wages, and management, direction and supervision by one party will be considered to be an employment contract.
2. Before accepting a worker to work, the employer must enter into an employment contract with the worker.”
2. Can a pregnant female employee suspend the Employment contract?
According to Point d, Clause 1, Article 30 and Clause 1, Article 138 of the 2019 Labour Code, pregnant female employees have the right to suspend the performance of the labour contract if there is confirmation from a competent medical examination and treatment facility that continuing to work will adversely affect the fetus:
“Article 30. Temporary suspension of employment contracts
1. Cases in which an employment contract may be temporarily suspended include: d) The pregnant worker who is encompassed by the cases specified by Article 138 of this Code.”
“Article 138. The rights of female pregnant workers to unilaterally terminate or suspend the employment contract
1. Where a female worker is pregnant and obtains a medical certificate from an authorised health care institution stating that if the worker continues to work it may adversely affect her pregnancy, the worker has the right to unilaterally terminate or temporarily suspend the employment contract.
In cases of unilateral termination or temporary suspension of the employment contract, the worker must notify the employer, attaching the information from the authorised health care institution affirming that continuation of work might negatively affect her foetus.”
Based on the above provisions, in case a pregnant female employee is in poor health and cannot continue to work, she has the right to suspend the labour contract if she has confirmation from a competent medical examination and treatment facility that continuing to work will adversely affect the fetus.
3. Period of suspension of e contracts according to legal regulations
Pursuant to Clause 2, Article 138 of the 2019 Labour Code, which stipulates the period of suspension of employment contracts:
“2. In cases of temporary suspension of the employment contract, the duration of the suspension shall be subject to agreement between the worker and the employer and shall not be shorter than the period prescribed by the authorised health care institution. Where no specific period is prescribed by the authorised health care institution, the duration of the temporary suspension of the employment contract shall be negotiated and agreed by the employer and worker.”