Is it required to give notice when a pregnant female employee terminates the labor contract?

Legal situation: 

Dear Lawyers, I am a mobile-phone seller and required to walk constantly or stand to introduce products to customers. I am currently pregnant, the doctor advised me that I should not walk much or the baby will be affected. I applied for resignation, but the company did not approve because I didn’t give prior notice of 30 days, if I quit, the company will not pay me this month’s salary. I would like to ask if it is required to give notice of resignation in advance when I quit my job as directed by a doctor? Is it illegal for the company to not pay me the salary because I quit my job?

Answer:

Thank you for trusting and sending your questions to FDVN Law Firm (“FDVN”), after researching the relevant legal provisions, FDVN would like to send you some references as follows:

1. For the right to unilaterally terminate the labor contract of pregnant female employee

Pursuant to Article 138 of Labor Code 2019:

“1. Where a female employee is pregnant and obtains a confirmation from a competent health facility which states that if she continues to work, it may adversely affect her pregnancy, she shall have the right to unilaterally terminate or suspend the employment contract.

In case of unilateral termination or suspension of the employment contract, a notification enclosed with the aforementioned confirmation from the health facility must be submitted to the employer.”

Pregnant female employees quitting job as prescribed in Clause 1 Article 138 of Labor Code 2019 above is one of the cases that employees have the right to unilaterally terminate the labor contracts without giving notice in advice.

Therefore, you have the right to unilaterally terminate your labor contract without giving notice within a certain period when it is certified by a competent medical facility that continuing to work will adversely affect the fetus. However, you must give notice attached with the above confirmation of the competent health facility before quitting the job.

2. For the responsibility to pay the salary of employees

One of the principles of salary payment stipulated in Clause 1 Article 94 of Labor Code 2019 is that employers have to directly, fully, and timely pay the salary to their employees.

And Article 48 of Labor Code 2019 also specifies: within 14 working days from the date of termination of the labor contract, both parties have the responsibility to pay all due financial obligation related to the rights of each party. Thus, the company fails to pay your salary due to not giving advance notice is not proper.

You can request the Company to duly pay the salary in full or ask the competent authority to settle and protect your legitimate rights and interests.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Nguyễn Thị Sương – FDVN Law Firm. 

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