1. Working time and rest time for female employees raising children under 12 months old:

According to the provisions of current labor law, specifically in Article 137 of the 2019 Labor Code, if a female employee raises a child under 12 months old, the employer is not allowed to employ female employees to work at night. , working overtime and going on long business trips. This is a very appropriate regulation because during these times, if a woman raising a child under 12 months old goes to work, it will be too much for her and will not ensure health problems for the worker. Because in this process, the employee must not only perform the duties of an employee but also fulfill the responsibilities of a wife and mother, so if the working time is too long, it will affect the worker's health. motivate and influence the workers' children when the mother does not have much time to be with and take care of her children

In addition, during the working process, so that female employees have more time to take care of their children when they are under 12 months old, the labor law stipulates the shortening of working hours while still receiving full salary according to the contract. labor contract. Specifically, female employees raising children under 12 months old will be entitled to a 60-minute break every day during their working hours. During this rest period, the employee will still enjoy all of her benefits. This regulation is applied to give female workers more time to rest and take care of themselves, their families and children. During the break, the employee and the employer can agree on the time of day to take the break.

2. Employees raising children under 12 months old are not subject to labor discipline:

In addition to the benefits of rest time and not having to go on long business trips, an additional benefit for female employees with children under 1 year old is not being subject to labor disciplinary action. According to the provisions of the 2019 Labor Code, when employees violate, they are subject to labor discipline according to the provisions of law or according to the employer's labor regulations.

Accordingly, forms of labor discipline include reprimands, extending the salary increase period for no more than 6 months; demotion or dismissal. However, with the legal provisions on protecting employees who have just given birth, no matter what form of labor discipline, the employee is raising a child under 12 years old. A month old was still not disciplined during this period.

This regulation aims to ensure the rights and jobs for female workers while performing motherhood. However, this regulation does not mean that female employees will not be disciplined, but when the employee violates, the labor disciplinary action will be postponed from the time the child turns 1 year old, if there is still a statute of limitations. , at this time female workers will be disciplined.

Still applying labor discipline to employees helps employers ensure and maintain order and discipline in the workplace, avoiding cases where female employees take advantage of this to violate regulations. regulations in labor regulations that affect the employer's human resource management.

3. Employees raising children under 12 months old are not fired or have their labor contracts terminated:

While the employee is raising a child under 12 months old, to ensure the employee has a job and income to stabilize their life, the labor law regulates cases of dismissal or unilateral termination of employment. Labor contracts do not apply to female employees raising children under 12 months old.

Accordingly, when a female employee is raising a child under 12 months old, the employer is not allowed to use this reason to fire or unilaterally terminate the labor contract, unless the employer is an individual. dies or the organization ceases operations. Because dismissal or unilateral termination of the labor contract is the termination of the labor relationship with the employee by the employer, the cause of this can come from objective reasons or from the employee's fault. labor.

However, terminating the labor relationship while the employee is under 12 months old will cause the employee to face difficulties in life, affecting the employee's income and the employee's life. related people. It can be seen that this is a very reasonable regulation to ensure the rights of workers, to ensure a stable life for female workers as well as to help female workers have income to cover the costs of raising children.

Accordingly, if any enterprise does not comply with the regulations under Article 155 of the 2019 Labor Code to ensure the rights of employees, it will be administratively sanctioned with a fine of from 10 million to 20 million VND if using Female employees who are raising children under 12 months old work overtime, work at night and go on long business trips; female employees who are raising children under 12 months old are not allowed to take 60 minutes off per day; Handle labor discipline for female employees who are pregnant, on maternity leave according to the law on social insurance, and raising children under 12 months old; Dismiss or unilaterally terminate labor contracts for female employees due to marriage, pregnancy, maternity leave, or raising children under 12 months old.

Thus, regulations on protection of the rights of female employees raising children under 12 months old are mandatory laws that need to be in place. Because these things not only ensure that workers can work with peace of mind when performing many responsibilities at the same time, they also demonstrate the law's concern for women and children, who are two vulnerable groups in society. . From there, it contributes to creating equality between groups of workers.

4. Priority in entering into new labor contracts:

In case the labor contract expires while the female employee is raising a child under 12 months old, she will be given priority to sign a new contract according to the provisions of Clause 3, Article 137, Labor Code 2019.

5. Get 60 minutes off every day with full salary and maximum 20 working days/child/year:

Pursuant to Clause 4, Article 137, Labor Code 2019, female employees who are raising children under 12 months old are entitled to 60 minutes off every day during working time and receive full salary according to the labor contract.

On the other hand, Clause 4, Article 80, Decree 145/2020/ND-CP guiding a number of articles of the Labor Code also stipulates in detail the time off as follows:

• Female workers who are raising children under 12 months old have the right to take 60 minutes off every day during work time to breastfeed, express, store milk, and rest. During the time off, you will still receive full salary according to the labor contract.
• If the need for leave is more flexible than prescribed, the employee shall negotiate with the employer to arrange leave in accordance with actual conditions at the workplace and the needs of female workers.

In cases where a female employee does not need to take time off and the employer agrees to let the employee work, in addition to the salary she is entitled to according to regulations, the employee is paid an additional salary according to the job she performs. activities done during vacation time.