A worker named Trang had been employed for just over a month when a routine medical checkup revealed that she was pregnant. The company asked her to resign voluntarily, saying that if she continued working, her case could be subject to a social insurance inspection.
Trang asked: “If I do not agree to resign voluntarily, can the company dismiss me? If I am dismissed, will I receive compensation?”
Under Article 137 of Vietnam’s 2019 Labor Code, pregnant workers are protected by law. An employer may not dismiss a worker or unilaterally terminate an employment contract because of marriage, pregnancy, maternity leave, or caring for a child under 12 months old.
During pregnancy, dismissal is possible only in specific cases. These include the death of an employer who is an individual, a court declaration that the employer lacks civil capacity or is missing, or the termination of a non individual employer’s operations. It also includes cases where the business registration authority has notified that there is no legal representative or authorized person to perform the representative’s duties.
Even when an employment contract expires while a worker is pregnant or caring for a child under 12 months old, she has priority when a new employment contract is signed.
An employer who dismisses a pregnant worker faces administrative penalties under Decree No. 283/2026/NĐ-CP, which sets penalties for violations in labor, social insurance, and the employment of Vietnamese citizens abroad under contract.
Under Clause 2, Article 26 of Decree No. 283/2026, an employer can be fined VND 10 million to VND 20 million for dismissing a worker or unilaterally terminating an employment contract because of marriage, pregnancy, maternity leave, or caring for a child under 12 months old.
The range applies to employers who are individuals. For organizations and companies, the fine is doubled to VND 20 million to VND 40 million. Household businesses and family households that commit the violation are penalized as individuals.
In addition to the administrative fine, the employer must remedy the violation by taking the worker back.
Sources: Dân Trí
