Is There a Policy for Higher Pay During ‘That Time of the Month’?

"Are Employers Required to Pay Women More on Their Periods?" This question has likely been on many people's minds, especially women, in recent days. To gain a deeper understanding of this matter, read on as we explore this intriguing topic.

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In the past, women who worked during their period were entitled to a 30-minute break per day, with a minimum of three days per month, while still receiving their full contracted salary. Now, women who choose to work through their period will receive a salary increase. So, what exactly are these new regulations? Let’s find out!

1 What are the new regulations regarding salary increases for women working during their period?

On December 14, 2020, the government issued Decree No. 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the Labor Code regarding labor conditions and labor relations. This decree will come into effect from February 1, 2021.

Specifically, Article 80, Clause 3 of this Decree stipulates:

Female laborers have the right to a 30-minute break per day during their period and will still receive their full contracted salary. The number of days off will be agreed upon by both parties (the employer and the female laborer) to ensure suitability, but the minimum is three days per month (30 minutes each day).

If the female laborer requests a more flexible break arrangement, both parties will continue to negotiate to arrange the break in a way that suits the actual work conditions and the needs of the female laborer.

A notable new feature of this Decree (which was not present in Decree 85/2015/ND-CP) is that, in cases where female laborers choose to work as usual during their period (without taking a break), they will be paid additional wages for the work done during the break time, and this time will not be considered as overtime.

For example: A female laborer is entitled to a 30-minute break per day for three consecutive days during her period, totaling 90 minutes of break time per month. If the company’s wage rate is 30,000 VND per hour, the additional amount the female laborer will receive each month, on top of her contracted salary, will be 45,000 VND (equivalent to 90 minutes of work).

2 Some other important notes:

The conditions for female laborers to be eligible for additional wage payments when working a full day during their period (without taking a break) are as follows:

– The female laborer voluntarily chooses not to take a break.

– The employer agrees to allow the laborer to work.

This means that if a female laborer wishes to work a full day but the employer does not agree, they are not obligated to pay the additional wages to the female laborer.

Hopefully, through this article, you now have a better understanding of the new regulations regarding salary increases for women working during their period. These regulations will come into effect on February 1, 2021, for all female laborers nationwide.

Frequently asked questions

Yes, there are some companies that have implemented policies to provide additional support to women during their menstrual cycles. For example, a company in the UK called Coexist introduced a policy in 2016 that allows female employees to take paid leave or work from home during their periods if needed.

Implementing a policy that offers higher pay or additional benefits to women during their periods can have several advantages. It can help to improve productivity by recognizing and accommodating the physical and emotional challenges that women may face during this time. It also demonstrates a commitment to gender equality and can help to create a more supportive and inclusive workplace culture.

One potential concern is the risk of reinforcing gender stereotypes or creating a sense of inequality among employees. Some may view it as unfair that only women receive these benefits, especially if the policy is not properly explained and communicated. Additionally, there may be privacy concerns, as not all women may feel comfortable disclosing their menstrual cycles to their employers or colleagues.

Companies should ensure that any such policy is implemented as an optional benefit, respecting the privacy and choices of individual employees. Proper communication and training are key to ensuring that all employees understand the purpose and intent of the policy. Additionally, companies should consider offering a range of supportive measures, such as flexible work arrangements, access to menstrual products, and educational resources, to create a holistic approach to supporting women’s health and well-being.
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