Foreign workers are one of the labor force in our country today. So, when giving birth, can foreign female workers enjoy the same maternity benefits as Vietnamese workers? Maternity regime for foreign workers in Viet Nam? In this article, LSX Lawfirm will clarify the above issue.
Law on Social Insurance 2014
Conditions for the maternity regime
Foreign workers participating in compulsory social insurance are entitled to maternity benefits when:
- Pregnant female employees;
- Female employees give birth;
- Female employees as surrogate mothers and mothers asking for surrogacy;
- The employee adopts a child under 6 months old;
- Female employees use IUDs, employees use sterilization measures;
- Male employees who are paying social insurance premiums whose wives give birth to children
However, we should note about the time to participate in social insurance to enjoy this regime of some subjects:
Firstly, female employees who give birth or adopt children under 6 months old or who are gestational carriers and gestational surrogacy askers must pay social insurance premiums for full 6 months or more in the 12 months before giving birth or adopting a child;
Secondly, female employees who have given birth to a child and have paid social insurance premiums for full 12 months or more but have to take time off work to take care of the pregnancy as prescribed by a doctor; must pay social insurance premiums for full 03 months or more in the 12 months before giving birth.
In addition, employees who fully meet the above conditions but terminate their labor contracts or quit their jobs before giving birth or adopting children under 06 months of age, still has right to this regime
The maternity regime for foreign workers in Viet Nam
Time to enjoy the regime
Female employees giving birth are entitled to take maternity leave before and after giving birth for 6 months. In case female employees have twins or more, from the second child onwards, for each child; the mother is entitled to an extra month of leave.
The maximum period of maternity leave before giving birth is not more than 02 months.
Note: In case after giving birth to a child, if a child under 2 months old dies, the mother is entitled to a 4-month leave from the date of childbirth; if a child aged 2 months or older dies, the mother has right to 2 months off from the day of the child’s death; but the total time of leave before and after giving birth does not exceed the maximum period of entitlement mentioned above.
Level of benefits during maternity leave
01-month benefit rate = 100% of the average monthly salary on which social insurance premiums are based for the 06 months before taking leave to enjoy maternity benefit
The mode of going to work before the maternity leave expires
Female employees may work before the end of the maternity leave period when fully meeting the following conditions:
- After taking leave to enjoy the regime for at least 04 months;
- Prior notice and consent must be obtained from the employer.
In addition to the salary for working days, female employees who go to work before the end of the maternity leave period still has right to the maternity regime until the time limit expires as prescribed by law.
Health care and recovery after maternity
For female employees who are still unwell within the first 30 days of returning to work, the law creates conditions for them to take 5 to 10 days of convalescence:
- Up to 10 days if giving birth to two or more children at once;
- Up to 07 days in case of caesarean section;
- Maximum 05 days for other cases.
During this time, the employee has right to the post-maternity convalescence and health rehabilitation regime with the following benefits:
Daily rate = 30% of base salary = 1,490,000 * 30% = 447,000 VND
With the above provisions, the law of Vietnam has been creating maximum conditions for foreign workers to best perform their duties on par with domestic female workers.
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Finally, hope this article “Maternity regime for foreign workers in Viet Nam” is useful for you.
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Firstly, have a work permit or practice certificate or a practicing license by a competent Vietnamese authority;
Secondly, have an indefinite-term labor contract or a definite-term labor contract of full 01 year or more with an employer in Vietnam.
When participating in social insurance, foreign workers will have right to compulsory social insurance regimes, in which maternity benefits in Article 7, Decree 143/2018/ND-CP . Specifically, the conditions, period of enjoyment and specific regimes are similar to those of Vietnamese workers accordingly Section 2, Chapter III, Law on Social Insurance 2014 .