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On December 14, the Government has just issued Decree 145/2020 / ND-CP that details and guides the implementation of a series of articles of the Labor Code in matters of labor conditions and labor relations and begins to be effective as of February 1, 2021.
Specifically, Clause 3, Article 80 of this Decree establishes the leave of employees during menstruation as follows:
An employee during her menstrual period is entitled to 30 minutes off from working hours and is still entitled to a full salary under the employment contract. These days off are agreed by the employer and the employee, but at least 3 days / month.
In case female employees require a more flexible leave, the two parties agree to organize themselves according to the actual conditions in the workplace and the needs of the female workers;
In cases where the employee does not have the need to take leave and the employer agrees to let the employee work, in addition to the current salary, she is also paid an additional salary according to the work that the employee has performed during the period. This time off and work time are not included in the employee’s overtime.
Also according to this Decree, employees who are breastfeeding children under 12 months have the right to 60 minutes of daily rest during their work time to breastfeed, express, store milk and rest. This time off is still entitled to full salary.
In case an employee needs a more flexible leave, the employee must agree with the employer to arrange it according to the actual working conditions and the needs of the employee;
Furthermore, in the event that an employee does not need to be absent and the employer agrees to work, in addition to the salary, the employee also receives an additional salary according to the work she performs. He worked during the break.
Furthermore, this decree also encourages employers to install lactation rooms to store breast milk in accordance with the actual working conditions, the needs of the female employees and the capabilities of the employer. Moving. If the employer employs 1,000 or more female employees, it is required to install a lactation room at the workplace.
Employers are encouraged to create favorable conditions for female employees who are breastfeeding children 12 months and older to express and store breast milk in the workplace. The break time for milking and storing breast milk is agreed by the employee with the employer.
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