WEBVTT 00:00:07.760 --> 00:00:10.900 Welcoming you back to the legal consulting program of the Labor Bank. 00:00:11.300 --> 00:00:15.400 Ladies and gentlemen, maternity benefits for employees are one of the social insurance benefits. 00:00:15.800 --> 00:00:20.720 Dear children, in July 2025, when the 2014 social insurance law officially took effect, 00:00:21.040 --> 00:00:22.1000 There will be new regulations on maternity benefits. 00:00:23.500 --> 00:00:26.634 To help readers better understand this issue, we had a conversation with 00:00:26.634 --> 00:00:27.940 lawyer Luu Phuong Nhat Thuy, 00:00:28.280 --> 00:00:29.580 urging a lawyer from Ho Chi Minh City. 00:00:29.580 --> 00:00:33.880 Thank you to the lawyer for accepting Bao's invitation to attend today's program. 00:00:34.720 --> 00:00:36.320 Dear readers of Bao Lao. 00:00:38.020 --> 00:00:42.057 Ladies and gentlemen, first of all, can you introduce to Bao Lao's readers 00:00:42.057 --> 00:00:43.300 what maternity benefits are? 00:00:45.273 --> 00:00:49.621 Based on about 2/4 of the 2024 Social Insurance Law, compulsory social 00:00:49.621 --> 00:00:51.433 insurance has the following regimes. 00:00:51.873 --> 00:00:55.701 The first is sickness, the second is maternity, the third is retirement, the 00:00:55.701 --> 00:00:58.940 fourth is good death and the fifth is occupational accident insurance 00:00:58.940 --> 00:01:02.473 according to the provisions of the law on occupational safety and hygiene. 00:01:03.353 --> 00:01:07.913 Thus, maternity benefits are a compulsory social insurance regime. 00:01:07.913 --> 00:01:10.451 Voluntary social insurance only includes maternity, retirement, good death 00:01:10.451 --> 00:01:13.272 benefits, and occupational accident insurance according to the provisions of 00:01:13.272 --> 00:01:16.093 Clause 3, Article 4 of the Law on Social Insurance. 00:01:16.833 --> 00:01:20.868 Voluntary social insurance will not have a sick leave regime and will 00:01:20.868 --> 00:01:22.213 only have maternity benefits. 00:01:23.579 --> 00:01:27.334 So, lawyers, how are the conditions for enjoying maternity benefits under the 00:01:27.334 --> 00:01:28.899 Social Insurance Law 2014 decided? 00:01:29.755 --> 00:01:33.770 Based on Article 50 of the Social Insurance Agency 2024, subjects in cases 00:01:33.770 --> 00:01:40.255 A, B, C, D, Y, K, N, M and N of about 1 and about 2 Article 2 of the Social 00:01:40.255 --> 00:01:43.960 Insurance Agency will be guaranteed maternity benefits when they are in one 00:01:43.960 --> 00:01:45.195 of the following cases. 00:01:45.535 --> 00:01:48.960 The first is female workers who are pregnant, the second is female workers 00:01:48.960 --> 00:01:52.647 who give birth, the third is female workers who are pregnant with boxes, the 00:01:52.647 --> 00:01:55.808 fourth is female workers who are pregnant with boxes, the fifth is 00:01:55.808 --> 00:01:57.915 workers who adopt children under 6 weeks old. 00:01:57.915 --> 00:02:00.035 According to the law on adoption. 00:02:00.775 --> 00:02:04.749 Sixth is that workers use contraceptive measures that these contraceptive 00:02:04.749 --> 00:02:09.915 measures must be taken at medical examination and treatment facilities according to regulations. 00:02:10.475 --> 00:02:14.132 And male workers who participate in compulsory social insurance have a wife 00:02:14.132 --> 00:02:16.875 giving birth, a wife is pregnant with a child. 00:02:17.275 --> 00:02:23.638 For subjects falling under cases B, C, D of about 1 of this Article, they must 00:02:23.638 --> 00:02:27.615 have participated in Social Insurance for 6 months or more. 00:02:28.055 --> 00:02:32.001 During the 12 consecutive months before giving birth, or before receiving a 00:02:32.001 --> 00:02:36.275 child through a carrier pregnancy, or adopting a child under 6 months old. 00:02:36.935 --> 00:02:40.350 The subjects specified in Point B and Point C of this Article have paid 00:02:40.350 --> 00:02:43.765 compulsory social insurance for 12 months or more, and must take a leave of 00:02:43.765 --> 00:02:46.936 absence to take care of the fetus according to the prescription of a 00:02:46.936 --> 00:02:48.155 medical examination and treatment practitioner. 00:02:48.935 --> 00:02:51.823 For medical examination and treatment facilities, compulsory social insurance 00:02:51.823 --> 00:02:56.635 must be paid for 3 months or more, within 12 consecutive months before giving birth. 00:02:56.635 --> 00:03:01.655 Subjects who meet the conditions specified in about 2, about 3 and about 00:03:01.655 --> 00:03:05.516 5 of this Article, when terminating their labor contract, employment 00:03:05.516 --> 00:03:10.536 contract, or quitting their job before giving birth, or having a child through 00:03:10.536 --> 00:03:15.942 a planned pregnancy, or adopting a child under 6 months old, will still enjoy 00:03:15.942 --> 00:03:20.576 maternity benefits according to the provisions of Articles 53, 54, 55, 56 00:03:20.576 --> 00:03:25.595 and about 1, 2, 3, and 58 of the Law on Social Insurance. 00:03:26.615 --> 00:03:30.484 The period of enjoying maternity benefits will not be counted in the 00:03:30.484 --> 00:03:32.095 period of enjoying Social Insurance. 00:03:32.795 --> 00:03:36.774 The subjects specified in Point B are about 1, this means that they have paid 00:03:36.774 --> 00:03:39.957 compulsory social insurance for at least 6 months within 24 consecutive months 00:03:39.957 --> 00:03:43.935 before giving birth in cases where they have to quit their jobs for infertility treatment. 00:03:45.717 --> 00:03:49.497 Yes, lawyer, so what's new in the regulations on the time off for female 00:03:49.497 --> 00:03:51.117 workers when going to mid-term careers? 00:03:52.028 --> 00:03:55.871 Pursuant to Article 51 of the Law on Social Insurance 2024, pregnant female 00:03:55.871 --> 00:03:59.122 workers are entitled to maternity benefits when going for a pregnancy 00:03:59.122 --> 00:04:02.668 check-up up to 5 times, each time not more than 2 days. 00:04:03.408 --> 00:04:07.030 The time off work to enjoy maternity benefits when going for a pregnancy 00:04:07.030 --> 00:04:09.816 check-up is calculated according to working days, not including holidays, 00:04:09.816 --> 00:04:11.208 Tet, and weekly days off. 00:04:11.208 --> 00:04:16.280 According to the provisions of the Law on Social Insurance 2014, this law will 00:04:16.280 --> 00:04:21.715 expire on June 30, 2025, so female workers are entitled to a maximum of 5 00:04:21.715 --> 00:04:26.786 days off for a pregnancy check-up, each time not exceeding 1 day, except in 00:04:26.786 --> 00:04:30.772 cases where female workers are away from medical examination and treatment 00:04:30.772 --> 00:04:35.481 facilities, either due to illness, or due to abnormal pregnancy, and are only 00:04:35.481 --> 00:04:39.828 entitled to a maximum of 2 days off for 1 pregnancy check-up. 00:04:41.208 --> 00:04:46.068 The provisions of the Law on Social Insurance 2014 will make it difficult to 00:04:46.068 --> 00:04:49.540 determine what a medical examination and treatment facility is for 00:04:49.540 --> 00:04:50.928 female workers far away. 00:04:51.768 --> 00:04:56.461 The 2024 Social Insurance Law stipulates a maximum of 5 times, each time not 00:04:56.461 --> 00:05:00.148 exceeding 2 days, which is much more beneficial for female workers. 00:05:02.127 --> 00:05:05.747 Yes, lawyer, so how is the maternity leave period decided when giving birth? 00:05:06.532 --> 00:05:11.323 Pursuant to Article 53 of the Law on Social Insurance 2024, the time off work 00:05:11.323 --> 00:05:15.156 to enjoy maternity benefits when giving birth is implemented according to the 00:05:15.156 --> 00:05:17.712 provisions of account 1.139 of the Labor Code. 00:05:17.992 --> 00:05:23.230 Accordingly, employees are entitled to take a break and 6 months before giving 00:05:23.230 --> 00:05:28.872 birth, and the break period before giving birth is not more than 2 months. 00:05:29.432 --> 00:05:33.802 For female double workers or more, each child will be given 00:05:33.802 --> 00:05:35.392 an additional month's leave. 00:05:35.392 --> 00:05:40.273 And in the case where female employees return to work before the end of 00:05:40.273 --> 00:05:44.109 maternity leave, the employer is responsible for paying wages for the 00:05:44.109 --> 00:05:48.641 days the employee goes to work, and female employees are still entitled to 00:05:48.641 --> 00:05:52.477 continue to enjoy maternity benefits according to the provisions of account 00:05:52.477 --> 00:05:53.872 1.139 of this Law. 00:05:54.452 --> 00:05:57.736 As for male workers who participate in compulsory social insurance, they are 00:05:57.736 --> 00:06:01.842 entitled to take a day off from work and enjoy maternity benefits when their wife 00:06:01.842 --> 00:06:04.032 gives birth as follows: 5 working days off. 00:06:04.252 --> 00:06:05.372 For the case of color, female workers will have 5 working days off. 00:06:05.372 --> 00:06:09.084 In case the wife gives birth and has to have surgery or gives birth under 32 00:06:09.084 --> 00:06:11.172 weeks old, there will be 7 working days off. 00:06:11.672 --> 00:06:16.092 In case the wife has twins, there will be 10 working days off. 00:06:16.912 --> 00:06:21.574 And in case the wife has a third child or more, each child will be counted 00:06:21.574 --> 00:06:23.032 for 3 more working days. 00:06:23.752 --> 00:06:27.367 Male workers will have 14 working days off if their twin wives 00:06:27.367 --> 00:06:28.572 have to undergo surgery. 00:06:28.792 --> 00:06:32.798 And if they have a third child or more and have to undergo surgery, they will 00:06:32.798 --> 00:06:35.052 also have 3 working days off for each child. 00:06:35.851 --> 00:06:39.616 Yes, lawyer, in addition to the above maternity leave, can employees still 00:06:39.616 --> 00:06:40.871 enjoy any other leave? 00:06:41.487 --> 00:06:47.057 According to Article 60 of the Law on Social Insurance 2024, within 30 days 00:06:47.057 --> 00:06:51.831 from the date of maternity leave, if female employees have not recovered 00:06:51.831 --> 00:06:56.207 their health, they will be entitled to rest for health recovery. 00:06:56.527 --> 00:07:01.619 The time for continuous recovery recovery recovery includes holidays, 00:07:01.619 --> 00:07:04.447 Tet, and weekly days off. 00:07:04.447 --> 00:07:09.790 And this recovery rest period will be decided by the employer and the 00:07:09.790 --> 00:07:12.667 Executive Committee of the grassroots trade union. 00:07:13.127 --> 00:07:17.894 In case the grassroots union executive board and the employer cannot reach an 00:07:17.894 --> 00:07:22.661 agreement, the employer will force the decision based on the number of days 00:07:22.661 --> 00:07:25.227 proposed by the grassroots union executive board. 00:07:25.767 --> 00:07:31.002 For units that have not yet established a grassroots trade union, the time for 00:07:31.002 --> 00:07:34.367 health recovery leave will be decided by the employer. 00:07:34.447 --> 00:07:40.490 And also according to the law, this recovery rest period is a maximum of 10 00:07:40.490 --> 00:07:47.742 days if the employee gives birth to 2 or more children and 7 days if the child is 00:07:47.742 --> 00:07:51.367 born with surgery and 5 days for other cases. 00:07:51.587 --> 00:07:58.131 The salary to be enjoyed during these health recovery days is calculated as 00:07:58.131 --> 00:08:00.647 30% of the reference salary. 00:08:01.267 --> 00:08:04.367 For workers, it is about 1, about 2, about 3. 00:08:04.447 --> 00:08:09.069 Article 53 of the Law on Social Insurance, if the leave period for 00:08:09.069 --> 00:08:12.979 maternity benefits expires before returning to work, will not be applied 00:08:12.979 --> 00:08:15.467 according to the provisions at this stage. 00:08:16.426 --> 00:08:20.146 Ladies and gentlemen, you have just listened to the recent shares of lawyer Luu Phuong Nhat Thuy 00:08:20.146 --> 00:08:23.926 related to maternity benefits under the Social Insurance Law 2024. 00:08:24.506 --> 00:08:28.086 We hope that the recent shares of the lawyer will help readers better understand this issue. 00:08:28.486 --> 00:08:32.406 The program's duration is now over. See you again in the next shows.