Is it not allowed to use employees who are pregnant from the 6th month to work overtime in Vietnam?

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Question date: 27/09/2022

Please ask: Is it not allowed to use female employees who are pregnant from the 6th month to work overtime in Vietnam?

    • Clause 1 Article 137 of the Labor Code 2019 contains provisions on maternity protection, according to which:

      1. An employer must not require a female employee to work at night, work overtime or go on a long distance working trip in the following circumstances:

      a) The employee reaches her seventh month of pregnancy; or her sixth month of pregnancy when working in upland, remote, border and island areas;

      b) The employee is raising a child under 12 months of age, unless otherwise agreed by her.

      According to this Article, the law only prohibits employers from employing employees working at night, working overtime and away from work while pregnant from the 6th month if they work in upland, remote, border and island areas in Vietnam. If not working in the above places, it is still allowed to employ pregnant women from the 6th month to work overtime, however, until the 7th month, it is no longer allowed.

      Best Regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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