Policies for female employees

Question: What are the new regulations on Decree 85?

Answer: Decree 85 stipulates the following new regulations:

1. Employment of female employees

Employers are considered to have a large female workforce in the following cases:

(i) Employs from 10 to 100 female employees and at a percentage of 50% or more of the total workforce;

(ii) Employs from 100 to 1,000 female employees at a percentage of 30% or more of the total workforce; or

(iii) Employs 1,000 female employees or more.

2. Improvement of working conditions for female employees

The employer must ensure there are enough bathrooms and toilets at work; take measures to create regular jobs for female employees and apply flexible work arrangements and schedules including part-time and home-based work consistent with the legitimate aspirations of female employees.

3. Conditions of healthcare for female employees

(i) Entitled to obstetric care in regular health checks;

(ii) During menstruation, be entitled to leave for 30 minutes per day, at least three days each month. Female employees will receive full salary during this leave;

(iii) Female employees who are raising children under 12 months of age are entitled to 60 minutes per day during work time for breastfeeding, milking, milk storage and rest. Female employees are also entitled to their full salary during this leave; and

(iv) Installation of milking and milk storage room suitable to the work environment, aspirations of female employees within the means of the employer.

4. Right to unilateral termination and suspension of labor contracts

Pregnant female employees are entitled to unilaterally terminate and suspend labor contracts if there is confirmation from a competent healthcare establishment that continuing work will adversely affect the fetus. Advance notice of termination and suspension of labor contracts of workers will be subject to the parties’ agreement, but at least as directed by healthcare establishment.

5. Cost of child care or kindergarten

The employer must plan to help and support the construction of a nursery, kindergarten or support part of the cost of child care or kindergarten. The level and time of support will be agreed upon between the employer and representative of the female employees.

6. Supporting policies of employer

The employer with a large female workforce are supported through reductions in corporate income tax and additional expenses for female employees, which are calculated as deductible expenses when determining taxable income under the provisions of law.

Employer are entitled to preferential socialization activities in the fields of education, vocational training, healthcare, culture, sports, and environment if they invest in the construction of a nursery, kindergarten, medical facilities or cultural works. For the construction of houses for workers, employers are entitled to preferential policies under the provisions of the Housing Law.

Decree 85 took effect on November 15, 2015./.