Tin tức
Rights exclusive to female workers and possible errors in calculating their wages
2022-09-20
In order to ensure the quality of health as well as problems that limit working ability and affect labor productivity, the Government has specified specific privileges only for female employees. However, these privileges also unintentionally cause difficulties when the HR department performs payroll work. Errors and mistakes can easily happen, even repeated many times. Here are some female-specific regulations that the human resources department, specifically payroll employees, need to pay attention to.
Table Of Contents
Rights exclusive to female workers
30 minutes of rest per day during menstruation
Female employees during menstruation are entitled to a 30-minute break every day, counted towards working hours and enjoying the following benefits, according to the provisions of Clause 4, Article 137 of the Labor Code 2019, Clause 3, Article 80 of Decree No. 145/2020/ND-CP.
Both parties must agree on the number of days off during menstruation, which must be at least three per month.
If there is no need for leave and the employer agrees, the employee will be paid an additional salary for the time spent away from work while still working.
60 minutes of rest per day while caring for children under the age of 12 months
According to Clause 4, Article 137 of the Labor Code 2019 and Clause 4, Article 80 of Decree 145/2020/ND-CP, female employees who are raising children under the age of 12 months are entitled to 60 minutes of rest per day during working hours. According to the labor contract, the employee is still entitled to full pay during the time off.
No night work, part-time work, or long business trips while pregnant or caring for children
According to Clause 1 of Article 137 of the Labor Code 2019, an employer may not hire female employees to work at night, work overtime, or go on a business trip if:
– They are pregnant from the 7th month or from the 6th month and need to work in highland, remote, border, or island areas
– They are raising children under the age of 12 months, unless otherwise agreed by the employee.
Maternity leave before and after giving birth for 6 months
The maternity regime for female employees is as follows, according to Article 139 of the Labor Code 2019:
– Female employees are entitled to maternity leave before and after giving birth for 6 months; the period of leave before giving birth shall not exceed 02 months.
If a female employee has twins or more children, she is entitled to an extra month of leave for each child beginning with the second child.
– Female employees are entitled to maternity benefits during maternity leave under social insurance law.
– If necessary, at the end of the maternity leave period, the female employee may take an additional period of unpaid leave after reaching an agreement with the employer.
– Female employees can return to work after at least 4 months of maternity leave if they notify the employer in advance, are agreed by the employer, and are certified by the medical examination facility. Going to work early is not harmful to employees’ health if they receive competent medical treatment. In this case, in addition to the salary paid by the employer for the working days, the female employee will continue to receive the maternity allowance under social insurance law.
Errors in calculating wages for female employees
Because of the above benefits, payroll employees must pay special attention and avoid mistakes when calculating wages for female employees, for example:
– Calculating the incorrect number of leave hours that female employees are entitled to, resulting in wage calculation errors.
– When female employees continue to work while on leave for reasons such as menstruation or raising children under the age of a year, the salary calculation formula will be listed in a completely different situation compared to the company’s personnel. As a result, payroll employees may overestimate their overtime expenses.
– For female employees in the maternity period who receive social insurance and health insurance benefits, payroll employees may face errors in withholding or failure to deduct amounts: social insurance, health insurance, unemployment insurance, and personal income tax may also occur.
In fact, not only female employees, but also errors and inadequacies in wage calculation can occur at any time. In addition to overcoming, businesses frequently seek other forms of assistance.
Payroll outsourcing – Solutions to assist businesses in optimizing operational processes
When businesses want to ensure the accuracy of payroll work, one of the most popular solutions is to seek the assistance of payroll service providers. This solution, in addition to ensuring accuracy and compliance with the law, assists the human resources department in improving its specialization, freeing up time to focus on other goals.
terra offers comprehensive HR solutions for businesses, such as timekeeping, leave management, overtime to salary calculation, social insurance management, labor contracts… terra‘s payroll service is built on an integrated foundation of modern and advanced technology and services, and it always ensures the following criteria: Absolute Accuracy – On Time – Legal Compliance. Furthermore, by offering services at extremely low prices, it is clear that terra prioritizes the customer’s experience. terra, in particular, is currently offering a two-month free trial of its payroll service. Before making a decision to use terra, businesses can test and evaluate the quality of the services. The offer is valid until the end of October 6, 2022, so please leave your information as soon as possible.
Back to News page
