Pregnant workers or nursing mothers are not entitled with the right to apply during pregnancy or after confinement for part-time working hours.
REGARDING NON DISCRIMINATION AND EMPLOYMENT SECURITY.
There was not identified any legal provision in the Labour Act
In the Constitution regarding rights of women.
(1) Women shall be accorded full and equal dignity of the person with men.
(2) Women shall have the right to equal treatment with men, including equal opportunities in political, economic and social activities.
It is also stipulated in the Constitution, the right to be protected from discrimination by establishing, all persons shall be equal before the law and no law shall make any provision which is discriminatory either or itself or in its effect.
PROHIBITION OF PREGNANCY TEST
Is not prohibited.
PROTECTION FROM DISCRIMINATORY DISMISSAL
An employer shall not terminate an employees appointment or take disciplinary action against an employee unless there is a valid reason for the termination or action connected with the capacity or conduct of the employee or based on the operational requirements of the enterprise.
The following reasons do not constitute valid reasons for dismissal or taking of disciplinary action-
a) an employees pregnancy or having taken maternity leave, race, color, sex, religion, political opinion, national extraction,ethnic or social origin.
BURDEN OF PROOF
A dismissal is unfair among other reasons if it is based on pregnancy or because a female employee has taken her maternity leave, or it is a constructive dismissal.
Before deciding to dismiss an employee, the employer shall explain to the employee the reason for which the employer is considering dismissing that employee, and hear and consider any representations made in defense of the employee.
Proof that an employer failed to satisfy the previous obligations raises a refutable presumption that the employer did not act with justice and equity in dismissing the employee.
There is a conclusive presumption that the dismissal of an employee is unfair if, in a claim or complaint arising out of the dismissal, the employer fails to provide the reason for dismissal.
Failure by the employer to deliver to the employee at the time of dismissal a written statement of the reason for the dismissal raises a refutable presumption that the reason for dismissal wrong or that the employer did not act with justice and equity in dismissing the employee,whichever may be applicable in the context of the case.
GUARANTEED RIGHT TO RETURN TO WORK
An employee returning from maternity leave shall be placed in the same job with the same benefits and entitlements as immediately before her maternity leave began, within four weeks of giving notice to her employer of her wish to return to her employment.
REGARDING BREASTFEEDING BREAKS
There are not legal provisions on this in the Labour Code.
Labour Act §83,84,86,87,88,89,90, 71(4)