Ensuring the employee benefits required by law is difficult problem for the enterprises, especially the ones hiring many employees from “half of the world”. However, finding right answer not only helps enterprises in improving productivity, developing brands, attracting and preserving human resources, and above all, managing legal risks. Therefore, the enterprises need to update and understand policies and regulations on labor.

From February 1, 2021, succeeding the trend of previous labor legislations and Labor Code 2019 which has just come into effect, Decree No. 145/2020/ND-CP (“Decree 145“) will take effect, thereby requests and supports the enterprises to ensure many new benefits for female workers.

Payment of additional wages for female employees working during menstrual periods

Taking at least three days off of menstruation in month, contrary to concerns about how sensitive it is, has become common benefit for female employees in many enterprises. However, if female workers do not desire to take leave, their rights are not mentioned in the current Decree No. 85/2015.

Therefore, Decree 145 will vest them the right to receive wages while being “on the time of the month”, in addition to the full salary under the contract. However, the employers only have to pay if they agree to let such female employees continue to work. Not only does this change reasonably compensate the legitimate interests of the employees, but it also helps the enterprises avoid having to pay unintentionally.

Enterprises having more than one thousand female employees shall install room for breast milk pumping and storage

Due to the lack of facilities in the workplace before, female workers had difficulty when breastfeeding their babies. Therefore, the current Decree 85/2015 has required the enterprises to install the room for breast milk pumping and storage. Such facility depends on circumstances and conditions, but must be at least of 6m², fully equipped including paper or wipe towels, breast pumps, and sterilized bottles (if available). Consequently bringing in hundreds of room to support mother-employees in the workplace over these years, this regulation needs to be enhanced for more spread and appropriate implementation.

Hence, Decree 145 will force the enterprises with one thousand female employees or more to install such rooms. However, in any circumstance, the requirement of minimum area will be removed. Simultaneously, for ensuring that the “working-mothers” fulfill natural missions with psychological comfort, the enterprises:

1. Shall not arrange within the bathroom/toilet
2. Must be equipped with fan/air conditioner (but paper/wipe towels, breast pumps and sterilized bottles are no longer required)
3. Must dispose the room located at convenient site and covered from everyone’s sights

Supporting enterprise to organize kindergartens

The burden of female employees having children in pre-school age needs the enterprises to share and assist partly. Nevertheless, the current regulation only stops at encouraging the employers to organize and build kindergartens, nursery schools.

In order to create more practical support mechanism, Decree 145 will exempt and reduce the rent fees of kindergarten establishment, thereby support the enterprises for paying expenses and help the female employees feel easier to be “excel at work, excellent at home”.