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Djibouti - Maternity protection - 2011


LAST UPDATE

14 September 2011.

SOURCES


Name of Act

Labour Code, Law No. 133/AN/05/5ème L, Official Journal, Special No. 3 of 28 February 2006
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Name of Act

Act n. 73/AN/89 2nd L on Family Pensions, from 19/06/1989.

Name of Act

Breasfeeding Djibouti.

MATERNITY LEAVE


Duration


Compulsory leave

Every pregnant woman is entitled to maternity leave, which must start 8 weeks before the birth and finishes 6 weeks after the birth.
Labour Code §113

General total duration

Every pregnant woman is entitled to maternity leave, which must start 8 weeks before the birth and finishes 6 weeks after the birth.
Labour Code §113
Historical data (year indicates year of data collection)
  • 2004: Fourteen weeks
  • 1998: Fourteen weeks
  • 1994: Fourteen weeks

Extension

The period of 14 weeks can be extended another 3 weeks whenever an ilness, resulting from the pregnacy or birth, is diagnosed by a doctor.
Labour Code §113

RELATED TYPES OF LEAVE


Paternity leave

Fathers are entitled to 3 days of paid leave for the birth of a child.
Labour Code § 99, 100

CASH BENEFITS


Maternity leave benefits


Duration

During the maternity leave, the pregnant workers is entitled to the integrality of the salary she received at the moment the contract was suspended.

Maternity leave benefits shall be paid for 14 weeks, 8 of which preceeding the birth, and six weeks after the birth.
However, if the woman does not stop working until two weeks before the birth, she shall receive the benefits only when she effectively stops working
Labour Code §113
Act n. 73/AN/89 2nd L on Family Pensions, from 19/06/1989. §11(2)(3)

Amount

During the maternity leave, the pregnant workers is entitled to the integrality of the salary she received at the moment the contract was suspended.

Women mentioned in art. 1 of the present act and in art. 116 of the Labour Code shall receive half of their salary as maternity leave benefits.
Labour Code §113
Act n. 73/AN/89 2nd L on Family Pensions, from 19/06/1989. §11(1)
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Historical data (year indicates year of data collection)
  • 2004: Fifty percent
  • 1998: Fifty percent
  • 1994: Fifty percent

Financing of benefits

The payment of the maternity leave cash benefits shall be made 50% by the Social Protection Body and the other 50% by the employer.

Women mentioned in art. 1 of the present act and in art. 116 of the Labour Code shall receive half of their salary as maternity leave benefits.
Labour Code §113
Act n. 73/AN/89 2nd L on Family Pensions, from 19/06/1989. §11(1)
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Historical data (year indicates year of data collection)
  • 2004: Employer
  • 1998: Social security & employer
  • 1994: Employer

HEALTH PROTECTION

BREASTFEEDING: For a period of fifteen months after her return to work, the mother has the right to rest for breastfeeding. The total duration of this rest can not exceed one hour per workday to be taken at the beginning or end of the working day, unless more favorable conditions are provided for in Collective Agreements. Deductions from salary due to the temporary absence cannot be made.
Labour Code §116

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Unless the workers commits a gross negligence not linked to the state of pregnancy, or in case the employer is unable to maintain the employment contract, no employer can dismiss a woman in the apparent or certified state of pregnancy.
Once the dismissal is pronounced in the ignorance of the state of pregancy, the worker has 15 days to justify her state. Once the state of pregnancy is justified, the dismissal is cancelled, unless pronounced for the reasons mentioned above.
Labour Code §114

Protection from discriminatory dismissal

Any dismissal that violates the stated in art. 114 entitles the worker to the right to claim damages.
These damages are due without prejudice to any other compensation to which the worker would be entitled to for the reason of the dismissal.
Labour Code §115

Guaranteed right to return to work

The employer cannot dismiss a worker during her maternity leave.
Any notice of dismissal eventually given before the maternity leave is suspended during such period.
Labour Code §114

Results generated on: 20th December 2014 at 21:09:35.
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