Can Employers Terminate Contracts of Pregnant or Maternity-Leave Employees in Vietnam?

Short answer: No. Employers may not unilaterally terminate labor contracts with employees who are pregnant, on maternity leave, or nursing children under 12 months old. This is an absolute statutory prohibition under Article 37 of the Labor Code 2019. In addition, the law strictly prohibits dismissal or unilateral termination of contracts on the grounds of pregnancy or childbirth. Conversely, a pregnant female employee has the right to unilaterally terminate her contract upon certification from a medical facility that continued work adversely affects the fetus.

Legal basis

• Labor Code 2019 — Article 37 (cases where employers may not unilaterally terminate labor contracts), Article 35 (employees’ right to unilaterally terminate), Articles 137 and 138 (maternity protection), Article 145 (job security for female employees);
• Decree 145/2020/ND-CP providing guidance on implementation.

When may employers NOT unilaterally terminate?

Article 37 of the Labor Code 2019 lists cases where employers may not exercise the right to unilaterally terminate labor contracts:

• Employees who are sick, injured, or suffering occupational diseases and are being treated or nursed under the direction of a competent medical facility (except where treatment has exceeded the statutory period);
• Employees on annual leave, personal leave, or other leave approved by the employer;
• Female employees who are pregnant; employees on maternity leave or nursing children under 12 months old.

The protection for pregnant female employees is absolute: even where an employee commits a disciplinary violation during this period, the employer may not dismiss her; any disciplinary action (if any) must wait until the protection period ends, unless the law provides otherwise.

Strict prohibition on dismissal for pregnancy or childbirth

• Employers may not dismiss or unilaterally terminate labor contracts with employees on the grounds of nursing children under 12 months old;
• May not discriminate in salary or working hours on the grounds of pregnancy, childbirth or nursing;
• Pregnant female employees are entitled to a 30-minute daily break during working hours with full salary;
• May not assign pregnant female employees to night work, overtime or distant business trips in the cases prescribed by law.

Rights of pregnant female employees wishing to resign

In contrast to the prohibition on employers, a pregnant female employee has the right to unilaterally terminate her labor contract (without meeting the usual notice period) upon certification from a competent medical examination and treatment facility that continued work would adversely affect the fetus. In this case, the employee only needs to notify the employer together with the medical facility’s certification.

Related maternity regimes

• Female employees are entitled to 06 months of maternity leave before and after childbirth; leave before childbirth may not exceed 02 months;
• During maternity leave, female employees enjoy maternity benefits under the law on social insurance;
• Upon expiry of maternity leave, the employee is guaranteed her former job; where the former job no longer exists, another job is arranged with salary not lower than before the maternity leave.

Frequently asked questions

What are the consequences of unilaterally terminating a pregnant employee?

The unilateral termination decision is unlawful; the employer must reinstate the employee, pay salary, and pay social insurance, health insurance and unemployment insurance for the days the employee could not work, plus at least 02 months’ salary.

How are male employees whose wives give birth protected?

The law directly protects female employees who are pregnant, on maternity leave or nursing children under 12 months old. Male employees enjoy maternity leave benefits when their wives give birth under the Law on Social Insurance.

After the child turns 12 months, may the company dismiss the employee?

Termination is only allowed on lawful grounds (contract expiry, cases of unilateral termination under Article 36, etc.) with proper procedures; past pregnancy or childbirth may not be used as grounds for termination.

Notes on applying current legislation

This is a group of provisions with special protective nature; violations lead not only to compensation obligations but also seriously affect the enterprise’s reputation. Enterprises should build a personnel review process before every contract termination decision to exclude protected cases. Contact ANT Legal lawyers at 0966.475.966 for advice.

Common risks to note

• Unilaterally terminating contracts with pregnant or maternity-leave female employees;
• Dismissing or disciplining female employees during the protected period;
• Discriminating in salary or promotion opportunities on the grounds of pregnancy or childbirth;
• Assigning pregnant female employees overtime or night work in breach of regulations.

How can ANT Legal help?

ANT Legal advises on labor law regarding maternity protection, disciplinary handling and lawful termination of labor contracts; represents both employees and enterprises in resolving labor disputes. For prompt advice, please contact our lawyers at 0966.475.966.

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