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Central African Republic - Maternity protection - 2011


LAST UPDATE

11 October 2011.

SOURCES


Name of Act

Social Security Code, Loi No. 06.035 du 28 Decembre 2006 portant Code de Sécurité Sociale

Name of Act

Labour Code, Loi No. 09.004 portant Code du Travail de la Republique Centrafricaine, of 29 January 2009

Name of Act

Order relating to the employment of women and pregnant women No. 3759, dated 25 November 1954 (Arrêté general relatif au travail des femmes et des femmes enceintes en Afrique Equatoriale Française n° 3759)

MATERNITY LEAVE


Scope

The Labour Code applies to professional relationships between workers and employers, resulting from a contract of employment executed on the territory of the Central African Republic. It also applies to personnel of public enterprises, mixed economy societies and public offices. It does not apply to magistrates and civil servants, military personnel, the republic guard (Garde Republicaine) and the self-employed.
Labour Code §1, 2

Duration


Compulsory leave

In any case, no woman is authorized to work during the period of 06 weeks before the birth and 08 weeks after the birth.
Labour Code §253(4)

General total duration

In the event of pregnancy every woman is entitled to the right to the suspend work for a period of 14 weeks, being 06 weeks before the birth and 08 weeks after the birth. This period of suspension cannot be considered as cause of contract breaking.
Labour Code §253(2)
Historical data (year indicates year of data collection)
  • 2009: 14 weeks (6 weeks before and 8 weeks after confinement)
  • 2004: Fourteen weeks
  • 1998: Fourteen weeks
  • 1994: Fourteen weeks

Leave in case of illness or complications

The maternity leave can be extended for 03 weeks in case of an illness, duly certified by a doctor, resulting from the birth or the pregnancy. During this period the employer cannot conceed leave to the worker.
Labour Code §253(3)

CASH BENEFITS


Maternity leave benefits


Scope

In addition to the pre-natal benefits forseen in art.50, women workers are entitled, during the period of maternity leave, to a daily indemnity destined to compensate the loss of remuneration during such leave.
Social Security Code §53

Qualifying conditions

The maternity daily indemnity to be paid shall be conceeded for the period of maternity leave established by the Labour Code, conditioned to the fact that the worker ceases all work during such period.
Social Security Code §54

Duration

The maternity daily indemnity to be paid shall be conceeded for the period of maternity leave established by the Labour Code, conditioned to the fact that the worker ceases all work during such period.

In the event of pregnancy every woman is entitled to the right to the suspend work for a period of 14 weeks, being 06 weeks before the birth and 08 weeks after the birth. This period of suspension cannot be considered as cause of contract breaking.

Every pregnant woman is entitled, for the period of 14 months, to free medical care and to half of the salary she received at the moment of the suspension of the employment contract. She conserves the right to all in kind payment.
Social Security Code §54
Labour Code §253(2), 255(1)

Amount

Every pregnant woman is entitled, for the period of 14 months, to free medical care and to half of the salary she received at the moment of the suspension of the employment contrac. She conserves the right to all in kind payment.

The maternity daily indemnity is equal to half of the average daily remuneration subject to the contribution.
The daily indemnity shall be obtained dividing by 90 the total of remunerations subject to the contribution, that the insured received during the 3 months preceeding that of start of the leave.
Labour Code §255(1)
Social Security Code §57
Historical data (year indicates year of data collection)
  • 2009: 50 per cent of daily earnings.
  • 2004: Fifty percent
  • 1998: Fifty percent
  • 1994: Fifty percent

Financing of benefits

Social Security.

The maternity daily indemnity is equal to half of the average daily remuneration subject to the contribution.
The daily indemnity shall be obtained dividing by 90 the total of remunerations subject to the contribution, that the insured received during the 3 months preceeding that of start of the leave.
Social Security Code §57
Historical data (year indicates year of data collection)
  • 2009: Social Security.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Alternative provisions

An employed woman or the wife of an employed man, who have been employed for 6 consecutive months with one or several employers, shall be entitled to prenatal allowances from the date on which she reports her pregnancy, up to nine months, The payment of prenatal allowances shall be subject to the condition that the woman agrees to be medically examined as often as may be prescribed in the rules of the Office.
Social Security Code §41, 50-52

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Every pregnant woman is entitled, for the period of 14 months, to free medical care and to half of the salary she received at the moment of the suspension of the employment contract. She conserves the right to all in kind payment.

Maternity benefits comprehend:
- Pre-natal benefits;
- Maternity daily indemnities in favor of the women workers because of pregnancy.
Labour Code §255(1)
Social Security Code §50

Financing of benefits

Maternity benefits comprehend:
- Pre-natal benefits;
- Maternity daily indemnities in favor of the women workers because of pregnancy.

To every woman worker or spouse, married to a worker who fulfills the conditions established in art. 41, shall be conceeded pre-natal benefits, starting from the day of the declaration of pregnancy and for the 9 months preceeding the birth.
Social Security Code §50, 51
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BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

During a period of 15 months following confinement, the mother has the right to take paid breastfeeding breaks during normal working hours, up to 1 hour in total per day. The time for the nursing breaks is determined through agreement between the worker and the employer. In case no agreement is reached, breaks should be in the middle of each half of the working day.
Labour Code §256

Remuneration of nursing breaks

During a period of 15 months following confinement, the mother has the right to take paid breastfeeding breaks during normal working hours.
Labour Code §256(1)

Nursing facilities

A woman may always breastfeed her baby in the establishment. A nursing room must be provided in or near establishments employing more than 50 women.
Order relating to the employment of women and pregnant women No. 3759 §18(3)

HEALTH PROTECTION


Arrangement of working time


Night work

In factories, manufactures, mines, quarries and building sites women cannot be employed to perform night work.

The rest period for women shall be at least 11 consecutive hours and shall include the period from 22.00 to 05.00, mentioned in the preceeding article.
Order relating to the employment of women and pregnant women No. 3759 §3(1), 4

Dangerous or unhealthy work


General

Applicable to all women: It is prohibited to employ women in jobs which exceeding their strength, are dangerous, or by their nature and the conditions under which they are carried out may harm morality. They must be assigned appropriate work. If this is not possible, the contract may be dissolved by the employer accompanied by a compensation for giving notice, as applicable.

A decree by the Minister of Labour and the Minister of Public Health determines, following the opinion of the Permanent National Board of Labour (Conseil National Permanent du Travail), the nature of work that is prohibited for women.
Labour Code §252, 257
Order relating to the employment of women and pregnant women No. 3759 §1

Risk assessment


» Assessment of workplace risks

Applicable to all women:
The Labour Inspector may request the medical examination of a woman in order to verify whether the assigned work does not exceed her forces. Such an examination may be requested by the interested parties.
Labour Code §258

» Transfer to another post

At the initiative of the employee or the employer, if the health of the worker requires it, the employee can be transferred temporarily to another post.
In case of disagreement between the worker and the employer concerning the transfer to another post, or if the change was initiated by the employer, the medical necessity of the transfer and the aptitude of the worker to carry out the new work can only be established by an occupational health practitioner. The transfer to another post cannot proceed without the agreement of the employee.
The temporary transfer cannot exceed the duration of the pregnancy and shall end once the woman’s health allows her to return to her original post.
The transfer to another post cannot reduce the remuneration paid to the person. However, this does not apply if the transfer to another post is initiated by a worker who has been employed in the enterprise for less than one year.
Labour Code §254

» Right to return

The temporary transfer to another post only applies to the period of pregnancy and should be terminated if the women´s state of health allows her the return to her previous work.
Labour Code §254(3)

Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

Carrying, dragging or pushing of any load is prohibited during pregnancy and within three weeks after returning to work following confinement. No woman shall be required to carry, drag or push any load exceeding the following weights: porterage 25 kg; transport in cars running on rails (including weight of vehicle 600 kg; transport in wheelbarrows (including weight of vehicle) 40 kg; transport on three-wheeled or four-wheeled vehicles (including weight of vehicle) 60 kg; transport in two-wheeled hand carts (including weight of vehicle) 130 kg.
Order relating to the employment of women and pregnant women No. 3759 §9, 20

» Work involving exposure to biological, chemical or physical agents

No woman shall be admitted to the premises where the following substances and agents are involved, present or manipulated (non exhaustive list): lead, flesh, remains and waste from slaughtered animals, alkaline chlorides, phosphor, minium, massicot, etc. The employment of women in the following premises shall be subject to certain conditions (non exhaustive list): manufacture of sulphuric acid, bleaching, application of rubber coatings, pickling or galvanising of iron, etc.
Order relating to the employment of women and pregnant women No. 3759 table A and B

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Equal remuneration for equal work is guaranteed by law. The law assures equality of opportunities and treatment with regard to employment, without any discrimination.
Labour Code §10

Guaranteed right to return to work

During the period of maternity leave, the employment contract is suspended. A refusal to reintegrate any worker after a period of suspension in the workplace is considered as an abusive termination of contract, giving the right to compensation.
Labour Code §152, 253
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Results generated on: 02nd September 2014 at 18:56:36.
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