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Congo, Democratic Republic of the - Maternity protection - 2011


LAST UPDATE

31 May 2011.
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SOURCES


Name of Act

Labour Code, Law No. 015/2002, dated 16 October 2002 (Journal officiel, 2002-10-25, Special issue, pp. 4-80)

MATERNITY LEAVE


Scope

When of the birth, and without having the interruption of work considered a cause for the termination of the contract, every woman has the right to suspend her work for a period of 14 weeks, being 8 weeks necessarily taken after the birth, and 6 weeks before it.
Labour Code §130(1)

Duration


Compulsory leave

8 Weeks post-natal, and 6 weeks pre-natal

When of the birth, and without having the interruption of work considered a cause for the termination of the contract, every woman has the right to suspend her work for a period of 14 weeks, being 8 weeks necessarily taken after the birth, and 6 weeks before it.
Labour Code §130(1)

General total duration

When of the birth, and without having the interruption of work considered a cause for the termination of the contract, every woman has the right to suspend her work for a period of 14 weeks, being 8 weeks necessarily taken after the birth, and 6 weeks before it.
Labour Code §130(1)
Historical data (year indicates year of data collection)
  • 2009: 14 weeks (maximum 8 weeks postnatal and 6 weeks prenatal)
  • 2004: Fourteen weeks
  • 1998: Fourteen weeks
  • 1994: n.a.

CASH BENEFITS


Maternity leave benefits


Duration

During the period of the maternity leave, the worker is entitled to 2/3 of her salary, as well as the in kind contractual advantages she used to receive.
Labour Code §130(2)
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Amount

During the period of the maternity leave, the worker is entitled to 2/3 of her salary, as well as the in kind contractual advantages she used to receive.
Labour Code §130(2)
Historical data (year indicates year of data collection)
  • 2009: 66,6 %
  • 2004: Two-thirds
  • 1998: Sixty-seven percent
  • 1994: n.a.

Financing of benefits

Employer.

During the period of the maternity leave, the worker is entitled to 2/3 of her salary, as well as the in kind contractual advantages she used to receive.
Labour Code §130(2)
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Historical data (year indicates year of data collection)
  • 2009: Employer
  • 2004: Employer
  • 1998: Employer
  • 1994: n.a.

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Once the woman is breasfeeding her child, she is entitled to two breasfeeding breaks per day, of half an hour each. This period shall be paid as working time.
Labour Code §132

Remuneration of nursing breaks

Once the woman is breasfeeding her child, she is entitled to two breasfeeding breaks per day, of half an hour each. This period shall be paid as working time.
Labour Code §132

HEALTH PROTECTION


Dangerous or unhealthy work


General

The child, the woman or the handicaped person cannot be maintained in a work admittedly harder than what they can endure, and they should be transferred to another post. If that is not possible, the employement contract has to be terminated, at the initiative of the employer, with payment of the due compensation.
Labour Code §137(2)

Risk assessment


» Transfer to another post

The child, the woman or the handicaped person cannot be maintained in a work admittedly harder than what they can endure, and they should be transferred to another post. If that is not possible, the employement contract has to be terminated, at the initiative of the employer, with payment of the due compensation.
Labour Code §137(2)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Maternity cannot constitute a source of discrimination with regards to employement. In particular, it is forbidden to request from a woman to submit to a pregnancy test or to demand her to present a medical certificate attesting if she is pregant or not, unless the work is partialy or completely forbidden for pregnant or breastfeeding women, or engenders a known or relevant risk to the woman or to the child.
Labour Code §128(2)

Protection from discriminatory dismissal

During that period, the employer cannot terminate the employement contract.
Labour Code §130(3)
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Results generated on: 22nd October 2014 at 03:36:02.
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