What is the penalty for not ensuring maternity leave?

Lawyer Nguyen Thu Thuy, YouMe Law Firm LLC replied:

Article 140 of the 2019 Labor Code stipulates on job security for employees on maternity leave as follows:

Employees are guaranteed their old jobs when they return to work after the end of the maternity leave as prescribed in Clauses 1, 3 and 5, Article 139 of this Code without any reduction in salary, rights and benefits compared to before maternity leave; in case the old job no longer exists, the employer must arrange another job for them with a salary not lower than the salary before maternity leave.

Point e, Clause 2, Article 28, Chapter II of Decree No. 12/2022/ND-CP on administrative sanctions for violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts (Decree No. 12/2022/ND-CP) stipulates violations of regulations on female workers and ensuring gender equality as follows:

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on an employer committing one of the following acts:

e) Failure to ensure employment for employees as prescribed in Article 140 of the Labor Code;

Clause 1, Article 6 of Decree No. 12/2022/ND-CP stipulates the fine level, sanctioning authority and principles applicable to repeated administrative violations as follows:

1. The fines prescribed for violations of the provisions in Chapter II, Chapter III and Chapter IV of this Decree are fines for individuals, except for the cases prescribed in Clauses 1, 2, 3, 5, Article 7; Clauses 3, 4, 6, Article 13; Clause 2, Article 25; Clause 1, Article 26; Clauses 1, 5, 6, 7, Article 27; Clause 8, Article 39; Clause 5, Article 41; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Article 42; Clauses 1, 2, 3, 4, 5, 6, 7, 8, Article 43; Clauses 1, 2, 3, 4, 5, 6, 7, 8, Article 45; Clause 3, Article 46 of this Decree. The fine for an organization is twice the fine for an individual.

Thus, companies that do not ensure employment for employees on maternity leave may be fined from VND 20,000,000 to VND 40,000,000 according to the regulations cited above.