1. Who is eligible?

Pursuant to Article 137 Labor Code 2019, the person entitled to the maternity leave benefits 2 hours early is the employee raising a child under 12 months old who is doing a heavy, toxic, dangerous or especially heavy, toxic, dangerous job or job work has a negative impact on reproductive and child-rearing functions during pregnancy.

Because these people enjoy the following two benefits simultaneously:

(1) Female workers doing occupations or jobs that are heavy, toxic, dangerous or particularly heavy, toxic, dangerous or doing occupations or jobs that have a negative impact on reproductive and child-rearing functions during pregnancy pregnant and notify the employer, they will be reduced by 01 hour of daily work until the end of the period of raising a child under 12 months of age (according to Clause 2, Article 137 Labor Code 2019).

(2) Female employees who are raising children under 12 months old are entitled to 60 minutes off every day during working time (according to Clause 4, Article 137 Labor Code 2019). Working time is reduced in this case to allow female workers to breastfeed, express and store milk, and rest.

Regarding the time to rest 02 hours per day in the above case, the law does not have specific regulations. Therefore, employees and employers can freely agree on time off.

Therefore, to take advantage of benefits, female employees can agree with the employer to leave 2 hours early every day until their child turns 1 year old.

2. Will female workers who leave 2 hours early have their wages deducted?

According to Article 137 Labor Code 2019 and Clause 4, Article 80 Decree No. 145/2020/ND-CP, female employees on maternity leave who leave 2 hours early will not have their wages deducted.

Clause 2 Article 137 Labor Code 2019 regulations, female workers doing occupations or jobs that are heavy, toxic, dangerous or have adverse effects on reproductive and child-rearing functions during pregnancy when reducing 01 hour of daily work will not be punished. Cut wages, rights and benefits until the end of the period of raising children under 12 months old.

For cases of leave when raising a child under 12 years old to breastfeed, express, store milk, and rest, Clause 4, Article 80 Decree No. 145/2020/ND-CP. It has been clearly stated that during the time off, you will still receive full salary according to the labor contract.

Therefore, when combining both benefits to leave 2 hours early each day, female employees raising children still receive the full salary as agreed in the labor contract.

3. How is salary calculated for female workers who do not take time off?

Currently, if a female employee raising a child under 12 months old does not need time off and is approved by the employer to work, she can continue to work to increase her income.

According to point c, clause 4, Article 80 Decree No. 145/2020/ND-CP and section 1 Part I of Official Dispatch No. 308/CV-PC of the Legal Department of the Ministry of Labor, War Invalids and Social Affairs, if the female employee does not take maternity leave and returns 02 hours early, in addition to the salary corresponding to that working day, the female employee will also be paid an additional salary according to the regulations. the work that person did during the time off.

The amount of salary received when working overtime during the break is determined as follows:

4. If the company does not let female workers leave 2 hours early, will the company be fined?

Employers are obliged to implement the provisions of labor law to ensure legal rights and interests for employees according to Clause 2, Article 6 of the Labor Code.

Therefore, if the employer does not ensure the right to leave 02 hours early, the employer will be fined for the following 2 errors at the same time:

(1) Do not reduce working hours for female employees doing jobs that are heavy, toxic, dangerous, or especially heavy, toxic, dangerous, or jobs that have a negative impact on reproductive function. maternity leave and child rearing during pregnancy that the employee has notified the employer, unless otherwise agreed upon: Fine from 10 to 20 million VND according to Point c, Clause 2, Article 28 Decree No. 12/2022/ND-CP.

(2) Do not allow female employees to take 60 minutes off per day while raising children under 12 months old unless otherwise agreed: Fine from 10 to 20 million VND according to Point dd, Clause 2, Article 28 Decree No. 12/2022/ND-CP.

Combining the fines for the above violations, the employer can be fined from 20 to 40 million VND.