Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 31

BỘ GIÁO DỤC VÀ ĐÀO TẠO HANOI UNIVERSITY

TRƯỜNG ĐẠI HỌC HÀ NỘI FACULTY OF MANAGEMENT AND TOURISM

BUSINESS LAW REPORT


LEGAL REGULATION FOR FEMALE
WORKERS PROTECTION

Tutor: Mrs. Thuy Hang


Class: TUT 2

Tran Mai Anh ID: 1804000008


Vu Quoc Huy ID: 1804010042
Nguyen Quynh Huong ID: 1804010049
Nguyen Hoai Nguyet Minh ID: 1804010068
Le Phuong Anh ID: 1804010006

Hanoi, 4th December, 2020


ABSTRACT

Since the 20th century, the labor market has experienced an increase in the number of female
workers. Although still lower than the male labor force participation rate, the striking feature of
women’s labor force participation has been its sharp increase. The overall economic activity
rate of women, for the age group 20-54, now approaching 70 percent (Esteban O., Sandra T.
and Max R., 2018). It is the reason why the specific provisions on the protection of legitimate
rights and interests of this workforce are necessary; then enterprises and government should
consider more about the problem of female worker protection. There are some laws and
regulations enacted to ensure that female employees feel empowered at the workplace. This
research, based on secondary data, aims at analyzing the legal regulations for female workers
protection. By illustrating the similarities and differences between the Vietnamese legal
regulation 2019 and 2012 for female workers and evaluating the current situation, this research
points out the recommendation to refine and supplement the shortcomings in labor protection
laws. Hopefully, this research can serve the helpful information for future studying.

i
TABLE OF CONTENTS

Abstract
......................................................................................................................................................
i

Table of content
............................................................................................................................................................
ii

I. Introduction
............................................................................................................................................................
1

II. Comparing and contrasting legal regulation for female workers between 2012 and 2019
............................................................................................................................................................
2

1. The similarities between the legal regulation 2019 and 2012 for female workers
................................................................................................................................................
2
2. The differences between the legal regulation 2019 and 2012 for female workers
................................................................................................................................................
5

III. Facts
............................................................................................................................................................
13

IV. Analyzing the labor law on female worker protection in China, compared to Vietnam
............................................................................................................................................................
14

V. Recommendation
............................................................................................................................................................
18

VI. Conclusion
............................................................................................................................................................
25........................................................................................................................................................

ii
References
............................................................................................................................................................
27

Appendice
............................................................................................................................................................
28

Appendix A
............................................................................................................................................................
28

Appendix B
............................................................................................................................................................
30

Appendix C
............................................................................................................................................................
34

Appendix D
............................................................................................................................................................
38

I. INTRODUCTION

According to an article in 2018 written by Mai Dan, The labor force participation rate for
Vietnamese women is 72%, higher than the world average (49%), the average for Asia and the
group of lower-middle-income countries. Female workers make a great contribution to economic
development, but they still have to face many difficulties in the workplace. This research was
conducted to give an overview of this situation in Vietnam and analyze the laws and regulations
of female employees’ protection.

iii
Vietnamese regulations of female workers protection were enacted in 2012 in Law on Social
Insurance 2014, Law on Marriage and Family 2014, Labor Code 2012; which included 11
articles. In 2019, this law noted some changes in state policies, responsibilities of employers,
maternity protection, and the right of pregnant female employees to unilaterally terminate or
suspend their employment contracts… These changes may create some significant impacts on
the Vietnamese female workers’ current situation. The purposes of research are analyzing those
changes, applying in a real case, and giving recommendations. For more details, this research
will include 6 parts which respectively is:

1, Introduction: Pointing out the purposes of the research and providing definitions.

2, Comparing: Mentioning the similarities and differences of legal regulation for a female worker
between 2012 and 2019.

3, Recommendation: Giving advice to complete some unclear and insufficient provisions in the
article.

4, Facts: Analyzing the case study (the labor dispute between Mrs. DTTT (the plaintiff) and her
company.)

5, Foreign regulations: Evaluating the labor law on female workers protection in China in
comparison with Vietnam.

6, Conclusion: Summarizing all parts above.

In this part of the research, some definition is also provided to help readers to get a better
understanding of the research object.

Firstly, the term “worker” means a person who earns a living by doing physical work (manual
labor), by way of himself - providing labor to receive the wages of the employer to attempt to
make the product for the owner and are often hired on a contract of work to perform specific
tasks.

iv
Moreover, a female employee means an employed female but does not include an employee
engaged as a non-regular casual or for seasonal work, who is pregnant or is caring for a child she
has borne or a child who has been placed with her for adoption purposes.

Last but not least, the regulation for female worker's protection is included in protective laws,
which were enacted to protect women from certain hazards or difficulties of paid work.
Especially, it focused on the rights of female employees in the working environment. Some of
the most typical articles are about equality in the workplace, responsibilities of the employer,
maternity protection,…

II. COMPARING AND CONTRASTING LEGAL REGULATION FOR FEMALE


WORKERS BETWEEN 2012 AND 2019
1. The similarities between the legal regulation 2019 and 2012 for female workers.
When compared to legal regulation for female workers in 2012, the legal regulation 2019 has
almost not changed main content in the charters and articles . Here is the following similar
articles between two year:
❖ State policies (Art 153.2012 and Art 135.2019)
1. Equality between male and female employees shall be ensured
2. Employers are encouraged to enable female employees to work regularly, and to widely apply
the systems of flexible working hours, part-time work, or outwork.
3. Necessary measures shall be implemented to create employment opportunities, improve
working conditions, develop occupational skills, provide healthcare, and strengthen the material
and spiritual welfare of female employees in order to assist them in developing effectively their
vocational capacities and harmoniously combine their working lives with their family lives.
4. Tax reductions shall be granted to employers who employ a large number of female
employees in accordance with the tax laws.
5. The State shall develop plans and measures to open day care facilities and kindergartens in
areas where a large number of female employees are employed; develop various forms of
training to enable female employees to acquire additional occupational skills that are suitable to
their physical and physiological characteristics and their motherhood roles.
6. The Government shall elaborate this Article.

v
❖ Responsibilities of the employer (Art 154.2012 and Art 136.2019)
1. Ensure gender equality and implementation of measures to promote gender equality in
recruitment, job assignment, training, working hours and rest periods, salaries and other policies.
2. Consult with female employees or their representatives when taking decisions which affect
their rights and interests.
3. Provide appropriate bathrooms and toilets at the workplace for female employees.
4. Assist in building day care facilities and kindergartens, or cover a part of the childcare
expenses incurred by female employees.
❖ Maternity protection (Art 155.2012 and Art 137.2019)
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
2. Female employees doing heavy work during pregnancy from 07th month shall be transferred
to lighter work or reduced 1 working hour every day but still enjoying full payment.
3. The employer is not entitled to dismiss or unilaterally terminate the labor contract with the
female employee for the reason of marriage, pregnancy, maternity leave, fostering child under 12
months old, except for the case the employer is the individual who has died, is declared by the
court of losing capacity of civil acts, missing or dead or the employer is not the individual
terminating the operation
❖ The right of pregnant female employees to unilaterally terminate or suspend their
employment contracts (Art 156.2012 and Art 138.2019)
The pregnant female employee if certified by the competent medical facility that the fetus of the
female employee will be affected if she continues to work, has the right to terminate the labor
contract or suspend the labor contract performance. The time limit that the female employees
must notify the employer depends on the time limit set by the competent medical facility
❖ Maternity leave (Art 157.2012 and Art 139.2019)
1. A female employee is entitled to 06 months of prenatal and postnatal leave; the prenatal leave
period shall not exceed 02 months. In case of a multiple birth, the leave shall be extended by 01
month for each child, counting from the second child.

vi
2. During maternity leave, the female employee is entitled to maternity benefits as prescribed by
social insurance laws.
3. After the maternity leave stipulated in Clause 1 of this Article expires, if so demanded, the
female employee may be granted an additional unpaid leave under terms agreed upon with the
employer.
4. Before the expiry of maternity leave as prescribed in Clause 1 of this Article, if having a
demand, with the certification of the competent medical facility concerning the early work
without harmfulness to the female employee’s health and with the consent of the employer, the
female employee can get back to work after taking leave of 04 moths. In this case, in addition to
the salary of the working days paid by the employer, the female employee continues to receive
maternity allowance under the provisions of law on social insurance.
❖ Employment security for employees after maternity (Art 158.2012 and Art
140.2019)
The female employee shall be guaranteed the old job upon returning to work after the end of
maternity leave as prescribed in Clause 1 and Clause 3 of Article 157 of this Code, in case the
old job no longer exists, the employer must arrange another job for her with the salary rate not
lower than that before maternity leave.In this case, in addition to the salary of the working days
paid by the employer, the female employee continues to receive maternity allowance under the
provisions of law on social insurance
❖ Allowances for during period of care for sick children, pregnancy and
implementation of contraceptive methods (Art 159.2012 and Art 141.2019)
When an employee takes leave to take care of a sick child aged under 07, have prenatal care
check-up, due to miscarriage, abortion, stillbirth, therapeutic abortion, implementation of
contraceptive methods or sterilization, the female employee shall receive allowance for the leave
period in accordance with social insurance laws.
❖ Jobs and works that are harmful to child-bearing and parenting functions (Art
160.2012 and Art 142.2019)
1. The Minister of Labor, War Invalids and Social Affairs shall promulgate the list of jobs and
works that are harmful to child-bearing and parenting functions.

2. The differences between the legal regulation 2019 and 2012 for female workers

vii
In 2019, the Vietnam National Assembly would change some articles or even take new charter
compared with law 2012, especially labor law for female workers. These differences would be
shown in the following table.

Legal regulation 2012 for female workers Legal regulation 2019 for female workers

Article 153. State policies for female Article 135. State policies
employee 1. Equality between male and female
1. To ensure the equal working rights of employees shall be ensured; necessary
female employee measures for ensuring gender equality and
2. To encourage employers to create prevention of sexual harassment in the
conditions for female employees to work workplace shall be implemented.
regularly and widely apply the flexible 2. Employers are encouraged to enable both
timetable working regime, working shorter male and female employees to work regularly,
hours and assigning work at home. and to widely apply the systems of flexible
working hours, part-time work, or outwork

Article 154. Obligations of the employer for Article 136. Responsibilities of the
the female employee employer
4. To assist and support the building of 4. Assist in building day care facilities and
nursery school, kindergarten or partial cost of kindergartens, or cover a part of the childcare
child care at kindergartens for female expenses incurred by employees
employees.

Article 155. Maternity protection for Article 137. Maternity protection


women employee 1. An employer must not require a female
1. The employer is not entitled to use female employee to work at night, work overtime or
employee to work at night, work overtime go on a long distance working
work and take trip in the following circumstances:
far business trip in the following cases: a) The employee reaches her seventh month
a) Being pregnant from the 7th or 6th month if of pregnancy; or her sixth month of pregnancy

viii
working in upland and remote areas, border when working in upland,
and island remote, border and island areas;
areas; b) The employee is raising a child under 12
b) Fostering a child under 12 months old. months of age, unless otherwise agreed by
2. Female employees doing heavy work her.
during pregnancy from 07th month shall be 2. Whenever an employer is informed of the
transferred to lighter work or reduced 1 pregnancy of an female employee who is
working hour every day but still enjoying full doing a laborious, toxic or dangerous work, a
payment. highly laborious, toxic or dangerous work or
3. The employer is not entitled to dismiss or any work that might negatively affect her
unilaterally terminate the labor contract with maternity, the employer shall assign her to a
the female employee for the reason of less laborious or safer work, or reduce the
marriage, pregnancy, maternity leave, working hours by 01 hour per day without
fostering child under 12 months old, except reducing her salary, rights or benefits until her
for the case the employer is the individual child reaches 12 months of age.
who has died, is declared by the court of 2. In case of suspension of the employment
losing capacity of civil acts, missing or dead contract, the suspension period shall be agreed
or the employer is not the individual by the employer and the employee and must
terminating the operation not be shorter than the period specified by the
4. During pregnancy, leave upon having a health facility. If the rest period is not
child under the provisions of law on social specified by the health facility, both parties
insurance, fostering a child under 12 months shall negotiate the suspension period.
old, female employees shall not receive the 3. The employer must not dismiss an
labor discipline. employee or unilaterally terminate the
employment contract with an employee due to
his/her marriage, pregnancy, maternity leave,
or nursing a child under 12 months of age,
except for cases where the employer that is a
natural person dies or is declared
incapacitated, missing or dead by the court, or
the employer that is not a natural person

ix
ceases its business operation, declared by a
provincial business registration authority that
it does not have a legal representative or a
person authorized to perform the legal
representative’s rights and obligations. Upon
expiration of the employment contract with a
female employee who is pregnant or nursing a
child under 12 months of age, conclusion of a
new employment contract shall be given
priority.

Article 138. The right of pregnant female


Article 156. Right of unilateral termination employees to unilaterally terminate or
and suspension of labor contract of suspend their employment contracts
pregnant employee 1. Where a female employee is pregnant and
The pregnant female employee if certified by obtains a confirmation from a competent
the competent medical facility that the fetus of health facility which states that if she
the female employee will be affected if she continues to work, it may adversely affect her
continues to work, has the right to terminate pregnancy, she shall have the right to
the labor contract or suspend the labor unilaterally terminate or suspend the
contract performance. The time limit that the employment contract. In case of unilateral
female employees must notify the termination or suspension of the employment
the employer depends on the time limit set by contract, a notification enclosed with the
the competent medical facility. aforementioned confirmation from the health
facility shall be submitted to the employer.
2. In case of suspension of the employment
contract, the suspension period shall be agreed
by the employer and the employee and must
not be shorter than the period specified by the
health facility. If the rest period is not
specified by the

x
Article 139. Maternity leave
Article 157. Maternity leave 4. The female employee may return to work
4. Before the expiry of maternity leave as before the expiry of her statutory maternity
prescribed in Clause 1 of this Article, if leave stipulated in Clause 1 of this Article
having a demand, with the certification of the after she has taken at least 04 months of leave,
competent medical facility concerning the provided she has obtained a confirmation
early work without harmfulness to the female from a competent health facility that the early
employee’s health and with the consent of the resumption of work does not adversely affect
employer, the female employee can get back her health, the employer receives a prior
to work after taking leave of 04 moths. In this notice of the early resumption and agrees to
case, in addition to the salary of the working the early resumption. In this case, besides the
days paid by the employer, the female salary of the working days, which is paid by
employee continues to receive maternity the employer, the female employee shall
allowance under the provisions of law on continue to receive the maternity allowance in
social insurance accordance with social insurance laws.
5. A male employee whose wife gives birth,
an employee who adopts a child under 06
months of age, a female employee who
becomes a surrogate mother shall be entitled
to maternity leave in accordance with social
insurance
Laws.

Article 140. Employment security for


Article 158. Guaranteeing work for female employees after maternity
employee taking maternity leave An employee shall be reinstated to his/her
The female employee shall be guaranteed the previous work when he/she returns to work
old job upon returning to work after the end of after the maternity leave prescribed in Clauses
maternity leave as prescribed in Clause 1 and 1, 3 and 5 Article 139 of this Labor Code
Clause 3 of Article 157 of this Code, in case without any reduction in his/her salary, rights

xi
the old job no longer exists, the employer and benefits before the leave. In case the
must arrange another job for her with the previous work is no longer available, the
salary rate not lower than that before employer must assign another work to the
maternity leave. employee with a salary not lower than the
In this case, in addition to the salary of the salary he/she received prior to the maternity
working days paid by the employer, the leave.
female employee
continues to receive maternity allowance
under the provisions of law on social
insurance
Article 159. Allowance upon leave to care Article 141. Allowances for during period
for sick children, prenatal care, of care for sick children, pregnancy and
implementation of contraceptive methods implementation of contraceptive methods
The time off work when prenatal care, When an employee takes leave to take care of
miscarriage, abortion, stillbirth, pathological a sick child aged under 07, have prenatal care
abortion, implementation of contraceptive check-up, due to miscarriage, abortion,
methods, care of sick child under age 07, stillbirth, therapeutic abortion,
fostering adopted child under age 06, the implementation of contraceptive methods or
female employee is entitled to social sterilization, the employee shall receive
insurance allowances in accordance with the allowance for the leave period in accordance
law on social insurance. with social insurance laws
Article 160. Work without permission to Article 142. Jobs and works that are
employ female employee harmful to child-bearing and parenting
1. The work can adversely affect the functions
reproductive function and child fostering 1. The Minister of Labor, War Invalids and
under the list issued by the Ministry of Labour Social Affairs shall promulgate the list of jobs
- Invalids and Social Affairs in coordination and works that are harmful to child-bearing
with the Ministry of Health issued. and parenting functions.
2. Performing the work regularly in water. 2. Employers must provide adequate
3. Performing the work regularly in mine information to their employees on the hazards
and requirements of the works before the

xii
employees make their decisions; ensure
occupational safety and health of the
employees when assigning them any of the
works on the list mentioned in Clause 1 of this
Article.

As the table could be shown, the first difference is that labor law 2019 changes conditions or
words when comparing with labor law 2012. This change is shown by changing “female
employees” into “employees” or “male and female employees” in both article and charter of
labor law 2019. However, this changes could be applied in the specific article that adapts for
male and female workers. Specifically, in the article 135 of labor law 2019 and the article 153 of
labor law 2012, about state policies, equal working right and the encouragement of employers to
create conditions for working regularly, and widely applying the systems of flexible working
hours, part-time work, or outwork shall be applied for not only female but also male workers.
That is reason why the name article 135 of 2019 striked out word “female employees”
Moreover, in the article 154 of labor law 2012 and the article 136 of labor law 2019, about
responsibilities of the employer, they have to assist in building day care facilities and
kindergartens, or cover a part of the childcare expenses incurred by all female and male
employees. Next, about maternity protection, the article 137 of 2019 removes “for female
employees” in the name of article when comparing with the article 155 of labor law 2012. Even
in the charter 3 of article 137, the employer must not dismiss an employee or unilaterally
terminate the employment contract with an employee due to his/her marriage, pregnancy,
maternity leave, or nursing a child under 12 months of age instead of female workers like article
155 of 2012. Additionally, this change from “female workers” into “employee” could be also
applied in the article 158 of labor law 2012 and article 140 of labor law 2019. This evidence for
article 140 is that “An employee shall be reinstated to his/her previous work when he/she returns
to work after the maternity leave prescribed in Clauses 1, 3 and 5 Article 139 of this Labor
Code” and the name articles would also be changed. Besides, in the article 159 of labor law
2012 and article 141 of labor law 2019, about allowance upon leave to care for sick children,
prenatal care, implementation of contraceptive methods, “ when an employee takes leave to take
care of a sick child aged under 07, have prenatal care check-up, due to miscarriage, abortion,

xiii
stillbirth, therapeutic abortion, implementation of contraceptive methods or sterilization, all male
and female employees shall receive allowance for the leave period in accordance with social
insurance laws”. Especially, in the article 142 of 2019 and the article 160 of 2012, instead of
writing “ work without permission to employ female employees”, the National Assembly would
change into “Jobs and works that are harmful to child-bearing and parenting functions” in a
general way, not to focus on female workers.
The second difference is that labor law 2019 could add some new conditions in old charters of
labor law 2012. Specifically, about article of state policies, the condition “necessary measures for
ensuring gender equality and prevention of sexual harassment in the workplace shall be
implemented” could be added in chater 1. Besides, in charter 1,article of maternity protection,
“the employee is raising a child under 12 months of age unless otherwise agreed by her '' is a
new condition for maternity protection. In the charter 2 of this article, labor law 2019 determines
more conditions (''doing a laborious, toxic or dangerous work, a highly laborious, toxic or
dangerous work or any work that might negatively affect her maternity”) for the female workers
during pregnancy from 07th month. Moreover, these female employees could get preferences
and benefits until her child reaches 12 months of age. In the charter 3 of this article, labor law
2019 add “or the employer that is not a natural person ceases its business operation, declared by
a provincial business registration authority that it does not have a legal representative or a person
authorized to perform the legal representative’s rights and obligations. Upon expiration of the
employment contract with a female employee who is pregnant or nursing a child under 12
months of age, conclusion of a new employment contract shall be given priority” for not the right
to terminate the labor contract of employers. Next articles, “In case of unilateral termination or
suspension of the employment contract, a notification enclosed with the aforementioned
confirmation from the health facility shall be submitted to the employer.” could be added in the
article about the right of pregnant female employees to unilaterally terminate or suspend their
employment contracts. Regarding maternity leave, “ the employer must receive a prior notice of
the early resumption and agree to the early resumption” is a prior condition to return to work
early for female employees. Last articles for adding new conditions is about employment
security for employees after maternity, an employee shall be reinstated to his/her previous work
when he/she returns to work after the maternity leave prescribed in Clauses 1, 3 and 5 Article

xiv
139 of this Labor Code without any reduction in his/her salary, rights and benefits before the
leave.
Third, the difference among two labor laws is that some new charters could be added in labor
law 2019. In article 138 of 2019, charter 2 about “In case of suspension of the employment
contract, the suspension period shall be agreed by the employer and the employee and must not
be shorter than the period specified by the health facility. If the rest period is not specified by the
health facility, both parties shall negotiate the suspension period” could be supplemented.
Besides, “A male employee whose wife gives birth, an employee who adopts a child under 06
months of age, a female employee who becomes a surrogate mother shall be entitled to maternity
leave in accordance with social insurance laws” is a new charter in the article of maternity leave.
Additionally, Vietnam National Assembly add new charter about “ Employers must provide
adequate information to their employees on the hazards and requirements of the works to before
the employees make their decisions; ensure occupational safety and health of the employees
when assign them any of the works on the list mentioned in Clause 1 of this Article” in article of
jobs and works that are harmful to child-bearing and parenting functions.
Finally, labor law 2019 could remove some conditions or old charter in labor law 2012. The
attractiveness of this article 137 in 2019 is that it strikeout charter 4,article 155 of 2012 about
“During pregnancy, leave upon having a child under the provisions of law on social insurance,
fostering a child under 12 months old, female employees shall not receive the labor discipline.”
Article about jobs and works that are harmful to child-bearing and parenting functions, labor law
2019 remove “Performing the work regularly in water” (charter 2, article 160, labor law 2012)
and “Performing the work regularly in mine”(charter 3,article 160, labor law 2012).

III. FACTS
On June 11th, the District 7 people’s court ( HCM city) tried the first instance of the labor
dispute between Mrs. DTTT (the plaintiff) and her company.
According to Ms. T’s petition, she was the director of a department of this company under a 12-
month labor contract (from April 2017- April 2018) with a salary of 40 million VND/ month
In October 2017, under the fifth month of her pregnancy, the company claimed to suspend her
work for one month from October 2nd, 2017 to proceed with labor discipline.

xv
On October 16, 2017 the company’s owner decided to fire her for the reasons: inaccurate
working time (no excuse), leaving office freely (no excuse), sleeping during working hours,
threatening colleagues with texts.
Objecting the decision of the company, Ms T sued the company and forced it to pay social
insurance and health insurance and compensation. The total amount of required compensation is
240 million VND.
On June 15, the People’s court of District 7, Ho Chi Minh City, accepted all requests of Mrs. T.,
annulling the dismissal decision of a company based in this district against her. The Panel also
forces the company to compensate Mrs. T. for a six-month salary of 226 million dong (after
subtracting 14 million dong the company paid earlier).
The panel said that the company said that Mrs. T. took regular breaks from five days / month,
took no leave without permission according to the company's regulations, and slept during
working hours. Mrs. T. also had acts of texting to threaten her colleagues, causing disunity in the
company, and failing to meet the required quality. Since then the company has made a decision
to discipline Ms. T. with the form of forced dismissal. However, the company does not make a
record of violation for these acts.

The company twice emailed Ms. T. to the disciplinary meeting on October 4, 2017 and October
11, 2017, then one day, the company opened a meeting to consider the discipline of Ms. T. The
company Notifying twice by email and only one day prior notice before the meeting is a
violation of Article 30 of Decree 05/2015 of the Government (guiding the implementation of the
2012 Labor Code on the process of handling the labor discipline).

Accordingly, the employer must provide at least five working days notice prior to the meeting
and three times in writing.

On the other hand, according to Articles 123 and 155 of the Labor Code, there is no labor
discipline against pregnant women. Since then, the Panel judged that the company that made the
decision to fire Ms. T. was against the law.

According to the Panel, the consequences of unlawful dismissal are specified in Article 33 of
Decree 05/2015 above. Therefore, the employer must restore the rights and interests of the
employee who was violated due to the disciplinary decision. If the labor discipline is in the form

xvi
of unlawful dismissal, the employer must fulfill its obligations. Since then, the Panel accepts the
plaintiff's requests.

IV. ANALYZING THE LABOR LAW ON FEMALE WORKER PROTECTION IN


CHINA, COMPARED TO VIETNAM
In the “Labor Law of the People’s Republic of China”, there are some articles with a view to
protecting the female workers in China. First of all, regarding the promotion of employment, the
equal rights between the men and women are enhanced. There is no exclusion of women during
recruitment if the types of work that applicants are being recruited for are not suitable for female
workers according to State regulations; moreover, the women’s standards of recruitment do not
exist (According to article 13). It can be clearly stated that the discrimination against in
employment due to the gender is not acceptable.
Furthermore, the special protections to female workers in chapter 7 in this law are stated
obviously. First, the arrangement of underground work for women employees at mines is
forbidden (Article 59). Second, the engagement of female workers in working under harsh
conditions including high above the ground, in cold water, or under low temperature during their
menstrual period is also forbidden (Article 60). It can be clearly seen that these regulations are
concerned about the health and the physical abilities of women, which can avoid the accidents as
well as the negative impact on their health and the ineffectiveness in the work due to their
limited physical abilities and the inappropriate conditions for them to complete their job. Third,
the two biggest issues that most female workers concern is their pregnancy period as well as their
breast-feeding of babies. There are two articles mentioning these issues in this chapter of the
labor law. Article 61 states: “It is forbidden to engage women workers during their pregnancy in
work with Grade III physical labour intensity as stipulated by the State or other work the State
prevents them from doing during pregnancy. It is forbidden to prolong the work hours of women
workers pregnant for seven months or ask them to work night shifts.” , and article 63 states: “ It
is forbidden to engage women workers in work with Grade III physical labour intensity as
stipulated by the State during their breast-feeding of babies less than one year old and other
labour the State prevents them from doing during their breast-feeding periods. Neither shall their
work hours be prolonged nor they be asked to work night shifts during these periods.” From two
above articles, it is concluded that the female staff in China are facilitated for their maternity, so
they do not have to work with high physical labour intensity (Grade III). Moreover, if they are

xvii
required to work long hours or night shifts, it will be unlawful. Thus, those are good points in
Chinese labor law on female worker protection since it considers the basic needs and demands of
the women.
In particular, the “Special Provisions on the Labor Protection of Female Employees” has been
issued since 2012 in China in order to reduce and resolve the special difficulties that female
workers deal with in the course of their employment because of their physiological
characteristics, as well as protect their health (According to article 1 in this legal document).
Since these provisions apply to employers within the territory of China and their female
employees (Article 2), the employers are responsible for improving the labor safety and health
conditions as well as providing training on knowledge about labor safety and health to female
workers (Article 3). Therefore, the female workers are guaranteed for their health and safety
when working, which is similar to the legal regulations for female workers protection in
Vietnam.
Additionally, this legal document protects the rights of female employees’ maternity. The
employers must not reduce their wage, dismiss them or terminate the labor contract with them
because of pregnancy, childbirth or breast feeding (Article 5), which is also similar to the rules
for female employees protection in Vietnam. According to article 6, when a female worker is
pregnant, the employer shall reduce the amount of work or arrange other labor that she is doing
based on the certification from a medical institution. Moreover, the employer shall not prolong
her working hours as well as require her to work night shifts if she is pregnant for seven months
or more, and she needs to be given a certain rest time during the working hours. In addition, the
time spent on the prenatal physical examination during the working hours of the pregnant female
employees shall be included in the working hours. Compared to Vietnamese labor code, there are
some quite differences such as an additional regulation that employer also must not ask a female
worker to go on a long distance working trip when she is in the seventh month or more of
pregnancy or its sixth month when working in upland, remote, border and island areas (Article
137, clause 1 in Vietnamese labor code 2019). This labor code also stipulates the break during
the female workers’ menstruation period, 30 minute break in every working day or 60 minute
break per working day for the female workers who are raising a child under-12-month age with
full salary as specified in the labor contract (Article 137, clause 4). In regard to maternity leave,
article 7 in the “Special Provisions on the Labor Protection of Female Employees” in China

xviii
states that: “A female worker who gives birth shall have 98 days of maternity leave, of which 15
days of maternity leave may be taken before giving birth. In the case of a dystocia, the maternity
leave shall be extended for 15 days. In the case of a multiple birth, the maternity leave shall be
extended for 15 days for the birth of each additional baby. A female worker shall receive 15 days
of maternity leave in the case of a miscarriage in the first four months of pregnancy and shall
receive 42 days of maternity leave in the case of a miscarriage after four months of pregnancy.”
It can be clearly seen that the specific cases including multiple birth dystocia and miscarriage are
specified with the number of maternity leave days. By contrast, the Vietnamese labor code
(2019) do not mention the dystocia and miscarriage cases; howerver, the number of maternity
leave days is much greater. Article 139, clause 1 in Vietnamse labor code (2019) states: “ A
female employee is entitled to 6 months (about 180 days) of prenatal and postnatal leave; the
prenatal leave shall not exceed 2 months (about 60 days)”. Even in case of a multiple birth, the
leave shall be prolonged by 30 days for each child, a half higher than that stipulated in the
special provisions on the labor protection of female employees in China. As a result, the
Vietnamese female employees have more benefits in maternity than Chinese ones because they
have more time to recover their health as well as take care of their child thoughtfully. However,
the cases of dystocia or miscarriage should specify clearly like Chinese female employees’
special provisions in order to ensure that the health and mind of Vietnamese ones is stable
enough before coming back to work. In terms of maternity insurance, the special provisions on
the Chinese female employees’ protection stipulates that: “ If a female worker has already
participated in maternity insurance, the maternity subsidy given to her during the maternity leave
shall be paid by the maternity insurance fund according to the standard of the average monthly
wage of the workers paid by the employer during the preceding year. If a female worker has not
participated in maternity insurance, the maternity subsidy shall be paid by the employer
according to the standard of the wage of the female worker before the maternity leave. A female
worker’s medical expenses for child birth or miscarriage shall be paid according to the items and
standards specified by the maternity insurance and shall be paid by the maternity insurance fund
if the worker has participated in maternity insurance and by the employer if the worker has not
participated in maternity insurance.” (Article 8). It can be clear seen that Chinese female
employees will be given the maternity subsidy and the amount of money to cover the medical
expenses relating to child birth or miscarriage, even if they has not participated in maternity

xix
insurance, they will also be received its benefits from their employer. However, in Vietnam, the
female workers are entitled to maternity benefits as specified by social insurance laws (Article
139, clause 2, Vietnamse Labor Code 2019). According to social insurance laws no. 58/2014,
decision no. 636/QĐ-BHXH and circular 59/2015/TT-BLĐTBXH, in order to gain the maternity
benefits, the female employees have the condition of paying compulsory social insurance from
enough 6 months or more during 12 months before child birth or adopting a child, or from
enough 3 months or more during 12 months for female workers who have maternity leave based
on the certification from a medical institution. Therefore, the Vietnamese female employees who
have not met those above conditions will not have the maternity benefits. Besides, this labor
code does not specify the employer shall pay the maternity subsidy and the medical expense if
women workers do not participate in social insurance, which may be disadvantageous for them.
Regarding female employees who are breastfeeding babies less than 12 months, the employers
shall not prolong their working hours or ask them to work night shifts (Article 9, Special
Provisions on Labor Protection of Chinese Female Employees), which is similar to the
regulations in Vietnam with the exception of adding a circumstance of going on a long distance
working trip (Article 137, clause 1, Vietnamese labor code 2019). Article 9 aslo states: “
Employers shall arrange one hour of breast-feeding time for lactating female workers during the
working hours every day. In the case of a multiple birth, the breast-feeding time shall be
extended for one hour every day for each additional baby being breast-fed.”, but Vietnamese
labor code 2019 do not specify this pregnant employees’ benefit. Furthermore, in China, “
Employers with relatively more female workers shall, based on the needs of the female workers,
establish facilities such as the health rooms for female workers, resting rooms for pregnant
women and breast-feeding room so as to properly resolve the difficulties of female workers in
practicing physical hygiene and breast-feeding.” (Article 10). It seems to be similar to Vietnam
when “The State shall develop plans and measures to open day care facilities and kindergartens
in areas when a large number of female employees are employed.” (Article 135, clause 5,
Vietnamese labor code 2019). It can be clearly seen that the female workers are concerned and
facilitated for their maternity in both countries.
Another issue in the special provisions is that female workers are prevented from any sexual
harassment in the workplace by their employer (Article 11). In Vietnam, the sexual harassment
in the workplace is also prohibited (Article 135, clause 1, Vietnamese labor code 2019).

xx
Particularly, there is an amount of fine’s money from the violation of those articles above in the
special provisions on labor protection of Chinese female workers based on article 13 that
stipulates for each circumstance. The Chinese female employees can also use the law
intervention if their rights and interests are violated (Article 14 and 15).
In general, both China and Vietnam have the special regulations on female employees protection
to promote the gender equality, prevent the discrimination as well as sexual harassment, and
facilitate for their maternity. Apart from those commonly analyzed above, Vietnamese female
workers have more advantages of maternity leave, but their maternity benefits seem to be more
disadvantageous than Chinese ones due to social insurance laws.

V. RECOMMENDATIONS
Although legal regulation for female workers protection in 2019 has changed in a positive way
that could be better than in 2012, there are some unclear and insufficient provisions in the article.
Therefore, we could decide to take some recommendations for labor law 2019 and in some
recommendations, we would explain why we want to change these.
First, “Equality between male and female employees shall be ensured; necessary measures for
ensuring gender equality and prevention of sexual harassment in the workplace shall be
implemented.” (charter 1, article 135). In this charter, there are 4 disadvantages about the
prevention of sexual harassment in the workplace. The first disadvantage is about lacking of
definition of sexual harassment in the workplace. The Labor Code stipulates a prohibition on
sexual harassment in the workplace but does not define sexual harassment, thus making other
relevant regulations inapplicable in practice. health. The lack of a clear definition of workplace
sexual harassment makes it difficult for employers to behave. Specificially, Victims of sexual
harassment are unable to request a hearing from the authority. reason, it is impossible to
unilaterally terminate the labor contract because there is no law to recognize the signs of this
behavior, so they cannot protect themselves; The employers cannot determine which acts are
considered sexual harassment to take preventive handling measures and regulations in their
internal documents. Moreover, the labor inspection agency cannot deal with the request of the
victim of sexual harassment because it cannot identify whether the behavior is sexual harassment
to handle according to regulations. The second disadvantage is lacking of regulations on
procedures to deal with sexual harassment in the workplace. Therefore, victims of sexual

xxi
harassment, even by witnesses or in the same workplace with the victim, do not know which
agency to file a complaint or denunciation to request resolution. The third disadvantage is lack of
regulations on the roles and responsibilities of relevant entities. The view of prohibiting sexual
harassment at the workplace has been affirmed by the Labor Code, but the roles and
responsibilities of relevant entities such as employers, employers' representative organizations,
workers, trade unions, and labor inspectors are not regulated in any legal documents. The final
disadvantage is lacking regulations on handling measures. In comparison to current labor law
regulations on prohibiting sexual harassment, there is only one behavior where employers harass
a union official with a warning or a fine. from 3,000,000 VND to 5,000,000 VND (Point d,
Clause 1, Article 24,Decree No. 88/2019 a prescribed) In addition, there has not been any other
sanctions against employers if they have sexually harassed employees and vice versa. Therefore,
the competent state agency has no basis to apply handling measures, and the person who is
sexually harassed cannot overcome the consequences brought about by the sexual harassment. In
fact, victims of sexual harassment make their own decisions as if they applied to quit their jobs,
but many cases of sexual harassment take place over a long period of time with serious
consequences. stress or even suicide. Therefore, to overcome all above these disadvantages, 4
solutions for prevention of sexual harassment in the workplace should be taken. Firstly, it is
necessary to specify a number of concepts related to sexual harassment in the workplace.
Specifically, some concepts need to be clarified, such as: Definition of sexual harassment; sexual
harassment for trade-offs; define the workplace concept; forms of sexual harassment. Second, it
is necessary to stipulate the handling procedures for sexual harassment. The regulation of
handling procedures for sexual harassment should follow the direction. First of all, acts of sexual
harassment at the workplace must be handled within the employer. Specifically, it should be
completed through 3 process:
➢ Step 1: The person who is sexually harassed or who witnesses it meets and talks with the
person in charge. If the case is not resolved, they have the right to take the next step.
➢ Step 2: The person being sexually harassed or witnessing it has the right to make a
complaint / report to the employer. (through the human resources department of the unit).
All complaints / denunciations and related information will be considered and resolved
on the principle of confidentiality.

xxii
➢ Step 3: The division responsible for handling sexual harassment of the unit will complete
the file and proceed to handle it. Depending on the nature and extent of the behavior, the
unit will have appropriate forms of handling such as reminders, labor discipline ...
It should also be noted that, those who wrongly report sexual harassment will also be handled by
the unit with appropriate forms to restore the honor and reputation of the accused.
After finishing the internal handling procedure mentioned above, if the person complaining /
denouncing sexual harassment acts without agreeing with the handling results of the unit, has the
right to request the labor inspector to resolve. However, for an employment relationship
established to do domestic work, the person being harassed has the right to immediately request
the labor inspector to handle it. Third, it is necessary to stipulate handling measures for sexual
harassment. For acts of law violation in general and acts of sexual harassment in particular, if the
law does not provide handling measures, it will be ineffective in the fight and prevention of
violations. Handling measures for sexual harassment should be defined in the direction: the
person who commits the violation, depending on the nature and severity of the act, determines
appropriate remedial measures. In which, compensation measures both mentally and physically
should be considered. In addition, if handled internally by the employer, there should be
regulations on appropriate disciplinary action. If the handling is done internally by the labor
inspector (by the labor inspector), appropriate administrative sanctions will be applied. Fourth, it
is necessary to specify the roles and responsibilities of the stakeholders involved. The subjects
alleged to be involved in workplace sexual harassment are employers, workers, union
organization, organizations representing employers and labor inspectors. Accordingly, the law
should stipulate the roles and responsibilities of these entities in the direction. Specifically,
employers need to promulgate regulations in the unit's internal documents to prevent and combat
sexual harassment, sexual harassment procedures, measures to deal with people who commit
sexual harassment acts. The employee has the responsibility to promptly report to the employer
on acts of sexual harassment at the workplace. Trade unions are responsible for participating
with employers in the development of policies and regulations on sexual harassment, and should
have educational programs for workers to understand to prevent harassment sex, representing
employees in cases of sexual harassment at the workplace. Employers' organizations should
provide information, develop training programs to educate employers about workplace sexual

xxiii
harassment, and engage with government agencies in building laws to prevent and combat sexual
harassment.
Second, “Tax reductions shall be granted to employers who employ a large number of female
employees in accordance with the tax laws” (charter 4, article 135). The word “a large number of
female employees” is too general, so it is difficult to measure the number of female workers that
employers apply tax reduction to . Hence, “a large number of female employees” should be
specific and changed into “a large number of female employees that workplaces have from 10 to
100 employees, accounting for 50% or more of the total number of employees working regularly
in the enterprise; or have over 100 female employees, accounting for 30% or more of the total
number of regular employees in the enterprise”. Besides, “tax reduction” is only one benefit for
employers. There is a little bit preference for employers, employers would be easily sensitive and
avoid hiring a great number of female employees. This would increase the unemployment rate of
females. That is the reason why the Vietnam National Assembly should expand benefits for
employers that employ a large number of female employees such as preferential loans with low
interest rates, one-time support from the National Fund for Job Creation.
Third, “Provide appropriate bathrooms and toilets at the workplace for female employees.”
(Clause 3, Article 136). The 2019 Labor code has maintained this provision in comparison with
the 2012 Labor Code. The criteria for bathrooms and toilets for female employees was
determined to be "suitable". However, this is a qualitative criterion, leading to in the process of
applying and resolving the dispute, the judiciary does not know how to explain it to be
considered a suitable bathroom and toilet. This provision leads to many cases where the
employer employs a lot of female workers but the temporary construction of toilets does not
meet the needs and hygiene of female workers. Therefore, there should be specified regulations
on bathroom and toilet space “how is suitable?”. In addition, the Code and related guidance
documents have almost no regulations on sanctions for violations of the obligation to ensure the
construction of bathrooms and toilets for female workers. In this situation, we suggest that the
Labor Code 2019 should specify in terms of specific quantities of bathroom and toilet space at
the workplace. An additional regulation on sanctions will be applied to employers in case of
failure to fulfill their obligations to female workers.
Fourth, “Whenever an employer is informed of the pregnancy of an female employee who is
doing a laborious, toxic or dangerous work, a highly laborious, toxic or dangerous work or any

xxiv
work that might negatively affect her maternity, the employer shall assign her to a less laborious
or safer work, or reduce the working hours by 01 hour per day without reducing her salary, rights
or benefits until her child reaches 12 months of age.” (Clause 2, Article 137).This provision has
an irrational aspect leading to many different interpretations. The first understanding is that when
the above situation occurs, the employer is free to move the employee to another job, not limited
in space, just ensure the factor "no salary reduction or employee benefits for a certain period of
time ”, the salary the employee receives is the same as the salary of the old job, other material
benefits do not decrease. For example, Mrs. A is a laborer in a rubber footwear production line in
Ninh Binh, but due to pregnancy, Mrs. A is allergic to the smell of raw rubber, which leads to
frequent vomiting, unable to continue performing the old job. The company can move Mrs. A
from Ninh Binh to Hanoi to do a more leisurely job. The salary, bonus, and allowance are the
same, but away from home. Otherwise, the second understanding is that the law provides for the
employer's obligations in maternity protection for female employees, so the actions of this
subject must benefit the employee. motivating women to the maximum. Accordingly, the
transfer of a female employee who is pregnant or nurturing a child under 12 months of age when
the job is in danger to the employee must not reduce the employee's salary or benefits including
working time. and the workspace. According to this second understanding, the company where
Mrs. A works cannot move Mrs. A from Ninh Binh to Hanoi. Therefore, we suggest that the
labor law 2019 should clearly specify this content in clause 2, article 137 with the phrase "do
other work without reducing the amount or benefits. benefits of workers for a certain period of
time " that should be replaced by" transferring workers to other jobs without reducing wages and
causing inconveniences in living for female workers ".
Next, when the Labor Code 2019 was enacted, replacing the 2012 Labor Code, this humane
regulation continued to be inherited and maintained in clause 4 of article 137. The Government
clearly stated that female employees on menstruation period shall be entitled to a 30 minute
break in every working day with full salary as stipulated in the employment contract. However,
in order to better protect these legitimate rights of female workers, and to more clearly define
policies for female workers and ensure gender equality, the Government should issue a draft
decree with new points about healthcare for female employees include: the specific break time of
each month shall be notified by the employee to the employer, and if a female employee needs
more flexible break time than the above regulations, it is possible to agree with the employer to

xxv
arrange a break in accordance with the actual conditions at the workplace and the needs of the
female employee. Moreover, the government should add a regulation that if the employer does
not give female workers 30 minutes break a day during menstruation period, they will be fined
from 500,000 to 1 million VND. In order to provide specific provisions on overtime pay when
female employees do not have a need to take a break and get the employer's consent for
employees to work during their menstruation, the draft should supplement the following
provisions: Be paid an additional salary at least equal to the paid salary equivalent to the time
off, and if the working time does not take time off during menstruation period , it will not be
included in the employee's overtime. Thus, if this draft decree is approved, female employees
will have more benefits during the menstruation break.
Additionally, in the article 138 “The right of pregnant female employees to unilaterally terminate
or suspend their employment contracts”, it should be added some conditions for the right of not
only pregnant females but also females raising children under 12 months old. According to
Career Builder news, the deputy head of the Labor Relations Department said: “In fact, in many
enterprises, many female workers sign labor contracts with a term when they are pregnant or
nursing children under 12 months old but the labor contract expires. then of course terminate the
labor contract ”. This makes it more or less difficult for female workers to find new jobs because
they are pregnant and raising young children, will have difficulties in income, employment
affects the nursing of the fetus and care for children under 12 months old. Therefore, we have
proposed to supplement the provision: “When a female employee is pregnant or nurtures a child
under 12 months of age, when the labor contract expires, the labor contract is concluded until the
child is full 12 months old ”. At the same time, it is necessary to add the following content: “In
the case of a female employee of a surrogate mother, the labor contract can be extended until the
time of handing over the child to the person asking for surrogacy but only until the child reaches
12 months of age. The person asking for surrogacy is entitled to extend the labor contract from
the time of receiving the child until the child is 12 months old”.
Moreover, “An employee shall be reinstated to his/her previous work when he/she returns to
work after the maternity leave prescribed in Clauses 1, 3 and 5 Article 139 of this Labor Code
without any reduction in his/her salary, rights and benefits before the leave. In case the previous
work is no longer available, the employer must assign another work to the employee with a
salary not lower than the salary he/she received prior to the maternity leave” (Article 140). In

xxvi
this article, “However, the concept of "previous work is no longer" has a different interpretation.
The first interpretation is that such an employment position still exists and is assigned to another
person but female workers still have to do other jobs. In the second interpretation, employment
position has not exited, so female workers are assigned another work .Therefore, it is
recommended to have an explanation of the words: "previous work is no longer" to make it clear
that the old job is no longer available, other than the case where that job remains but is assigned
to another person
Finally, according to clause 1 of article 142 (2019), the Ministry of Labor, Invalids and Social
Affairs shall promulgate the list of jobs and works that are harmful to child-bearing and
parenting functions. For specific, the ministry has proposed a list of 39 occupations and jobs that
adversely affect the reproductive function of female workers, including: scavenging, collecting
sunken wood, slashing timber ashore; down the raft on the river with many waterfalls; exploiting
swallow nest (except for the case of exploiting swallow nest in swiftlet houses), exploiting bat
manure; work on seagoing ships (except for restaurant services, cabins, tables, reception on
cruise ships)... Along with that are jobs such as guarding the ship, looking after the train in the
infant, slip-away; train driving (except trains with highly automated operating modes, inner-city
trains, tourist routes); works to carry over 50kg; autopsy, burial of dead people (except electric
burial), graves removal; dredging underground sewers (except automatic dredging by machine);
the work must be soaked in water regularly in dirty and foul water (from 4 hours in 1 day or
more, more than 3 days in 1 week); direct contact with closed radioactive source and open
radioactive source... are also on the list of adverse effects on female labor's parenting function.
However, the Ministry of Labor, Invalids and Social Affairs should implement more jobs that are
harmful to child-bearing and parenting functions such as: jobs in the working environment
polluted by electronic field are outside the permissible limits according to the national technical
standards and regulations on occupational hygiene; directly contact with pesticides, herbicides,
termites, rats, mosquitoes containing organic chlorine and some chemicals capable of causing
genetic modification and cancer; impregnation of skin, skin salt, loading and unloading of raw
hides; processing feathers in open conditions... Moreover, female employees who are pregnant or
nursing a child under 12 months old carry a weight of over 20 kg; directly participate in activities
of investigation, verification, and handling of outbreaks in the field - where there is suspicion or

xxvii
case of a case is recorded; shoveling fish pond mud; the work of soaking in dirty water ... also
has a negative impact on reproductive function.
Besides, after comparing the labor law on female worker protection Vietnam with labor law
China, it is necessary to specify clearly how female employees are entitled to maternity benefits
if they do not participate in social insurance. Moreover, the Vietnamse labor code (2019) should
clearly stipulate the amount of breaktime for female employees who are breastfeeding babies less
than one years old.

VI. CONCLUSION

In conclusion, the differences in labor code between 2012 and 2019 focused mainly on changing
“female employees” into “employees” or “male and female employees” (not focused only on
female workers), adding new condition and charter for suspension of the employment contract
and maternity protection, and removing some conditions or old charter in labor law 2012. Based
on those changes in laws and regulations for female worker protection, this research found out
that there are several things that should be upgraded. Firstly, because the lack of definition and
regulations on procedures affects the workers’ safety in the working environment; legal
regulations should provide a clear definition, regulations on procedures to deal with sexual
harassment, regulations on the roles and responsibilities of relevant entities, and handling
measures. Secondly, the government should specify some terms in the charter to avoid ambiguity
affecting employees' rights. Similarly, another term that should be specified is the quantities of
bathroom and toilet space at the workplace. Moreover, because Clause 2, Article 137 which
mentioned the pregnancy of a female employee is irrational, the research suggests that the term
"do other work without reducing the amount of benefits of workers for a certain period of time "
should be replaced by" transferring workers to other jobs without reducing wages and causing
inconveniences in living for female workers ". On the other hand, the government also should
adjust the regulations on rewards and punishments for female workers during the menstruation
break. Furthermore, article 138 “The right of pregnant female employees to unilaterally
terminate or suspend their employment contracts” should be added to some conditions for the
right of not only pregnant females but also females raising children under 12 months old. Finally,
the Ministry of Labor, Invalids, and Social Affairs should implement more jobs that are harmful
to child-bearing and parenting functions. To analyze more about the application of the Labor

xxviii
Code for female worker protection, this research evaluated the case between Mrs. DTTT (the
plaintiff) and her company. Last but not least, the research analyzes the differences between
China’s legal regulations in comparison with Vietnam’s, focuses mainly on gender
discrimination, health, and the physical abilities of women and the pregnancy period.

REFERENCE

xxix
xxx

You might also like