Among the protections for female workers, the part that touches factory rosters directly is Article 137 of the Labour Code: which hours pregnant workers and nursing mothers must not work, and which rest hour is added into their working day. This article stays strictly on working hours; the overall protection picture for female workers at FDI enterprises (maternity, dismissal, return to work) has its own article.
No night work, overtime or travel duty: two month thresholds to remember
Clause 1 of Article 137 of Labour Code 45/2019/QH14 prohibits using female employees who are pregnant from month seven — or from month six in highland, remote, border and island areas — and those nursing a child under 12 months for night work, overtime or distant business travel. The three verbs “night work — overtime — travel” are banned together, and employee consent does not legitimise the roster, because this is a protective prohibition, not a waivable right.
Before those month thresholds, pregnant employees work normal hours, except for one earlier protection layer: if the job is heavy, hazardous or dangerous, or harms reproductive and child-raising functions, then upon pregnancy with medical certification they are moved to lighter, safer work or have daily hours reduced by one hour at full pay until the child reaches 12 months, under clause 2 of Article 137.
One rest hour per shift for mothers of children under 12 months
Clause 4 of Article 137 gives a female employee nursing a child under 12 months 60 minutes of rest each day during working time to breastfeed, express and store milk and rest, with full contractual wages for that rest time. In substance this is a one-hour daily reduction of actual working time without pay loss — timekeeping must carry a separate code for it, otherwise the 60 minutes get misread as late arrival, early leaving or deducted from the ordinary in-shift break.
The timing of the 60 minutes may be flexed by agreement (start of shift, end of shift, or a pattern suiting childcare), but no agreement may convert it into cash or abolish it. On 12-hour rosters this hour matters even more in practice and must be written into the roster rather than handled verbally day by day.
The HR duty: knowing the status to apply the rules
Every hours protection in Article 137 only operates when the company knows of the pregnancy or nursing status. The employee must notify and provide medical certification where the law requires it; in return, HR needs a channel to receive this information without turning it into a ground for discrimination in appraisal or in assignments beyond what the law permits.
Where a pregnant employee has medical certification that continuing work would harm the fetus, Article 138 of the Labour Code gives her the right to unilaterally suspend or terminate the contract on notice — her right; the company may not force her to stay nor record it as “quitting without leave”. Shift supervisors should be trained separately on Articles 137–138, because violations usually come from line leaders who do not know the law, not from company policy.
FAQs
Are working hours reduced during pregnancy?
Yes, in two situations: a pregnant worker in heavy, hazardous work or work harming reproduction or childcare, with medical certification, is moved to lighter work or gets one hour less per day at full pay under clause 2 of Article 137; and every mother nursing a child under 12 months gets 60 minutes of rest during working time daily at full pay under clause 4.
Raising a young child?
A mother of a child under 12 months is protected on two layers: she may not be rostered for night work, overtime or distant travel (clause 1 of Article 137), and she receives 60 minutes of rest during working time each day for breastfeeding, expressing milk and resting, at full pay (clause 4).
Night shifts?
No. From month seven of pregnancy (month six in highland, remote, border and island areas), the employer may not use a pregnant employee for night work, overtime or distant business travel under clause 1 of Article 137 — the employee consent does not legitimise such a roster.
Protection?
Hours protections in Article 137 comprise: the ban on night work, overtime and travel in late pregnancy and while nursing a child under 12 months; transfer to lighter work or a one-hour daily reduction for heavy or hazardous jobs with medical certification; and 60 minutes of paid rest daily while nursing a child under 12 months.
This article has been quality-reviewed by the FLAW AI Legal Council
