Many female employees choose to leave their jobs during maternity leave. Can employees leave their workplace at will?
1. Leaving work during maternity leave
According to the provision in paragraph 1, article 35 of the Labor Code 2019, the employee can unilaterally terminate his employment contract, provided that he notifies the employer of the termination.
The reporting time is prescribed as follows:
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contract type |
time |
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Special professions, occupations and occupations are: flight crew; aircraft maintenance technicians and aviation repair specialists; and flight dispatcher; – company directors within the meaning of the Companies Act and the Law on Management and Use of State Capital Invested in Production and Operation of Enterprises; – crew members working on board Vietnamese vessels currently operating abroad; and crew members leased from Vietnamese companies working on board foreign ships; – Other cases required by law. |
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In the case of permanent employment contracts or employment contracts with a term of at least 12 months; |
At least 120 days |
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For employment contracts with a term of less than 12 months. |
At least a quarter of the term of the employment contract |
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For other professions, occupations and jobs: |
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Permanent employment: |
At least 45 days |
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Temporary employment contract from 12 months to 36 months |
At least 30 days |
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Fixed-term employment contracts with a term of less than 12 months. |
At least 03 business days |
Employees must therefore report their termination of employment during maternity within the above-mentioned period. The employer must then terminate the employment contract with the employee.
2. Receive Social Security premiums if you leave work during maternity
According to Article 31 of the Social Security Act 2014, workers who are pregnant or give birth to children must meet the following conditions to benefit from the maternity scheme:
– Employees at the birth of children: Employees must have paid at least the full 6 months of social security contributions within the 12 months prior to the birth or adoption of a child.
– In order to benefit from the maternity scheme, employees who are required to take leave during pregnancy for maternity care ordered by a competent health institution must: Have paid social security contributions for at least a full 3 months within the 12 months preceding the birth.
Clause 4, Article 31, Social Security Act 2014 also clearly states that employees who fully meet the conditions and terminate their employment contracts or employment contracts or stop working before the time of birth or the time of adoption of children under 6 months are entitled to maternity benefit to have.
It can be seen that the maternity regime is determined at the time of paying social security contributions before the birth of children. Female workers are allowed to receive maternity leave regardless of whether they leave their job or not.
3. Recovery and health rehabilitation after maternity leave
According to Article 41 of the Social Security Act 2014, workers can receive recovery and health rehabilitation after maternity leave if they meet the following conditions:
– Female employees are entitled to 6 months pre- and post-natal leave under the maternity scheme. An employee who gives birth to twins or more children is entitled to an additional holiday of 1 month for each child, starting with the second child.
– Come back to work
– Employees whose health has not recovered within the first 30 working days after maternity leave
Employees are entitled to rest and rehabilitation leave of 5 to 10 days (including public holidays, New Year’s holidays and weekends). Recreational and rehabilitation leave includes public holidays, New Year’s holidays and weekends. The vacation and rehabilitation leave that lasts from the end of the year to the following year is credited to the previous year.
Here is the important information regarding Giving up work during maternity.
