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Angola - Maternity protection - 2011


LAST UPDATE

15 March 2011.
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SOURCES


Name of Act

General Labour Act, Act 2/00, of 11 February 1999 (Lei Geral do Trabalho de 11 de Fevereiro de 1999)

Name of Act

Decree 52/05, 8 August 2005 on Maternity Protection

Name of Act

Presidential Decree n. 8/11 on Maternity Protection, from 07/01/2011.

MATERNITY LEAVE


Scope

All pregnant workers are entitled to the rights established in the maternity protection section of the Labour Code.
General Labour Act §272(1)
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Duration


Compulsory leave

Maternity leave can be taken from 4 weeks before the birth, having the following 8 weeks to be taken after the birth.
Presidential Decree n. 8/11 on Maternity Protection §5(2)

General total duration

The female worker has the right to 3 months (12 weeks) of maternity leave.
General Labour Act §273(1)
Presidential Decree n. 8/11 on Maternity Protection §5(1)
Historical data (year indicates year of data collection)
  • 2009: 12 weeks.
  • 2004: Three months
  • 1998: Ninety days
  • 1994: Ninety days

Extension

The female worker has the right of an extension of 4 weeks in case of multiple birth.

If the birth takes place after the fixed date for the beggining of the maternity leave, this should be extended for the necessary period so the worker will be able to enjoy at least 9 weeks of leave after the birth.
Decree 52/05, 8 August 2005 on Maternity Protection §2(3)(4)
Presidential Decree n. 8/11 on Maternity Protection §5(3), 7(1)

CASH BENEFITS


Maternity leave benefits


Scope

All female workers bound to the compulsory social protection system.
Decree 52/05, 8 August 2005 on Maternity Protection §1
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Duration

The female worker has the right to 3 months (12 weeks) of maternity leave.

Maternity leave benefits are due from the first day of the leave and shall correspond to the entirety of the leave period, in the terms expressed in art. 5 of the present decree.
General Labour Act §273(6)
Presidential Decree n. 8/11 on Maternity Protection §5(1), 11

Amount

The total amount of the cash benefits shall be of 100% of the average daily wage effectively registered in the last two months before the beginning of the leave, but the months where the employee worked less than 20 days shall not be considered (in the calculation).
Decree 52/05, 8 August 2005 on Maternity Protection §10(1)
General Labour Act §273/6)
Historical data (year indicates year of data collection)
  • 2009: 100 per cent
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The employer shall pay the cash benefits in advance to the employee, completing it until it reaches the total amount due if the female worker was in service. In this case the employer acquires the right to reimboursement before the social security system.

The employer shall pay the maternity leave benefits and pre-maternity benefits within 30 days counting from the beggining of the leave.
General Labour Act §273(6)
Presidential Decree n. 8/11 on Maternity Protection §10(1)
Historical data (year indicates year of data collection)
  • 2009: Social security and employer.
  • 2004: Social security (if necessary employer tops up)
  • 1998: Employer
  • 1994: Employer

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

The worker will have the right to medical benefits before and after the birth, having all services guaranteed by the Ministry of Health and by the cash benefits given by the social security, being that the cash benefits for maternity leave and cash benefits for breastfeeding, all paid at once.
Decree 52/05, 8 August 2005 on Maternity Protection §6

Financing of benefits

The worker will have the right to medical benefits before and after the birth, having all services guaranteed by the Ministry of Health and by the cash benefits given by the social security, being that the cash benefits for maternity leave and cash benefits for breastfeeding, all paid at once.
Decree 52/05, 8 August 2005 on Maternity Protection §6

BREASTFEEDING

After the birth, the female worker has the right to interrupt her work twice a day, in periods of 30 minutes, in order to breastfeed the child, without prejudice to remuneration, whenever the child stays at her workplace or in a childcare place provided by the employer.

The worker conserves this right for the period of 12 months.
Decree 52/05, 8 August 2005 on Maternity Protection §4(1)(3)
General Labour Act §272(1)e)

Remuneration of nursing breaks

After the birth, the female worker has the right to interrupt her work twice a day, in periods of 30 minutes, in order to breastfeed the child, without prejudice to remuneration, whenever the child stays at her workplace or in a childcare place provided by the employer.

The female worker is entitled to the following amounts as payment for breasfeeding:
a) Kz. 1500,00 for those secured by the social security, having a salary up to 5 minimum wages;
b) Kz. 1000,00 for those secured by the social security, having a salary superior to 5 minimum wages and inferior to 10 minimum wages;
c) Kz. 500,00 for those secured by the social security, having a salary superior to 10 minimum wages.
Decree 52/05, 8 August 2005 on Maternity Protection §4(1)
Presidential Decree n. 8/11 on Maternity Protection §13
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HEALTH PROTECTION


Dangerous or unhealthy work

While pregnant the female worker has the right, without prejudice to remuneration, to not perform any work that could be dangerous to her health, having the employer to assure her an appropriate work.
General Labour Act §272(1)a)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Protection from discriminatory dismissal

The female workers has the right no to be dismissed, unless she commits disciplinary infraction that would make impossible to maintain the legal-labour relation.

The prohibition of dismissal mentioned above should be extended up to one year after the birth.
General Labour Act §272(1)d), (4)

Guaranteed right to return to work

During the pregnancy and untill 12 months after the birth, the female worker enjoys the special protection regime against individual dismissal for objective reasons and against collective dismissal that art. 233 n. 3 and art. 244 n. 3 establish for veterans of war and for workers with reduced capacity for work.
General Labour Act §278

Results generated on: 22nd December 2014 at 11:37:37.
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