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Guinea - Maternity protection - 2011


LAST UPDATE

08 December 2011

SOURCES


Name of Act

Act L/94/006/CTRN issuing a Social Security Code,
(Loi L/94/006/CTRN du 14 février 1994 instituant un Code de la sécurité sociale), dated 14 February 1994.

Name of Act

Order N° 1392/MASE/DNTLS/90 respecting the employment of women and pregnant women,
dated 15 May 1990 (Arrêté No. 1392/MASE/DNTLS/90 du 15 mai 1990 relative au travail des femmes et des femmes enceintes), Journal officiel, 10 March 1994, No. 5, pp. 41-66

Name of Act

Ordinance No. 003/PRG/SGG/88 issuing the Labour Code,
dated 28 January 1988, as amended up to Ordonnance no 91/026/PRG/SGG du 11 mars 1991 sur la formation professionnelle continue et l’apprentissage et modifiant certaines dispositions du Code du Travail.

Name of Act

Constitution of the Republic of Guinea

Name of Act

Act L 2001 028 AN Establishing the General Statute of Civil Servants.

Other source used

Social Security Fund of Guinea

MATERNITY LEAVE


Scope

Maternity protection under the Labour Code covers women working for other persons in the public and private sectors, with the exception of civil servants.
Civil Servants enjoy a maternity leave of 5 months in total(three months before and two months after confinement) according to the Act L 2001 028 AN General Statute of Public Servants. It is not mentioned whether this maternity leave is paid or unpaid.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §1
Act L 2001 028 AN Establishing the General Statute of Civil Servants. §47

Qualifying conditions

There are not qualifying conditions to be entitled to maternity leave.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §59

Duration


Compulsory leave

6 weeks before the expected date of confinement and 8 weeks after the delivery
Order N° 1392/MASE/DNTLS/90 respecting the employment of women and pregnant women §8

General total duration

14 weeks ( 6 weeks before and 8 weeks after confinement).
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §59.
Historical data (year indicates year of data collection)
  • 2009: 14 weeks ( 6 weeks before and 8 weeks after confinement). Once maternity leave has expired, women may take unpaid leave for a maximum period of 9 months.
  • 2004: Fourteen weeks
  • 1998: Fourteen weeks
  • 1994: Fourteen weeks

Extension

When confinement has taken place before the expected date, the period of interruption of the contract of employment may be extended up to the period of 14 weeks to which the employee is entitled. Prenatal and postnatal leave may be extended each by 2 weeks because of incapacity to work resulting from pregnancy and confinement. In case of multiple births, maternity leave shall be extended by 2 weeks.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §59-60

Leave in case of illness or complications

Prenatal and postnatal leave may be extended each by 2 weeks because of incapacity to work resulting from pregnancy and confinement.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §59

RELATED TYPES OF LEAVE


Parental leave

Once the maternity leave has ended, the female worker is entitled to take unpaid leave for up to 9 months.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §62

Scope

The Labour Code applies to persons that work for other persons in the public and private sectors, with the exception of civil servants.
The article of Labour Code that regulates this leave applies only to mothers, therefore mothers that work for other persons in the public and private sectors are entitled to take parental leave, excluded from the scope of the Labour Code are the Civil Servants.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §1

Qualifying conditions

There are not qualifying conditions to be entitled to this right.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §62

Length

up to 9 months.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §62

Paternity leave

Not provided.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

Adoption leave

Not provided.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

RIGHT TO PART-TIME WORK

Neither pregnant workers nor breastfeeding mothers are entitled to apply for part-time working hours.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

CASH BENEFITS


Maternity leave benefits


Scope

In Guinea, two types of cash benefits are provided before and after childbirth (prenatal allowances and daily benefits for salaried workers when they stop work to give birth).
Prenatal allowances apply to employees and the spouses of a male employee
Daily benefits apply only to women employees as provided by the Labour Code.
There is the right for voluntary coverage only for those persons previously insured for at least six consecutive months.
Exclusion: Self-employed, this category is not expressly excluded but it can be deduced its exclusion.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §61
Act L/94/006/CTRN issuing a Social Security Code §98, 105

Qualifying conditions

For each kind of benefit there are different qualifying conditions: For prenatal allowances, it is necessary for women: *to be employed or married to an insured employee. *The employed person of the couple shall have at least 6 continuous months of employment with one or more employers (one month shall be at least 18 working days or 120 hours of work). *In addition, women must undergo medical examinations in order to get prenatal allowances. *Women shall also present a pregnancy certificate to the Social Security Fund within the 3 first months of pregnancy. To get daily benefits, women shall *be employed; *be insured for 9 months before confinement. *Payment is conditioned to the effective suspension of the professional activity.
Act L/94/006/CTRN issuing a Social Security Code §98,105

Duration

Prenatal allowances are paid during the whole period of pregnancy. The daily benefits are paid for 14 weeks and any extensions thereof.
Act L/94/006/CTRN issuing a Social Security Code §98, 105

Amount

100 per cent (during 14 weeks of maternity leave and any extension thereof)
Additionally, prenatal allowances are paid during the whole period of pregnancy.
Act L/94/006/CTRN issuing a Social Security Code §98,105-106
Historical data (year indicates year of data collection)
  • 2009: 100 per cent (during 14 weeks of maternity leave and any extension thereof) Additionally, prenatal allowances are paid during the whole period of pregnancy.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

50 per cent shall be paid by the employer while the other 50 per cent by the Social Security Fund, which is financed by contributions of employers, penalties, income from investment of funds, donations, and other income.
Act L/94/006/CTRN issuing a Social Security Code §30,34,106
Historical data (year indicates year of data collection)
  • 2009: 50 per cent shall be paid by the employer while the other 50 per cent by the Social Security Fund, which is financed by contributions of employers, penalties, income from investment of funds, donations, and other income.
  • 2004: Fifty percent social security, fifty percent employer
  • 1998: Fifty percent social security, fifty percent employer
  • 1994: Fifty percent social security, fifty percent employer

Parental leave benefits

Is unpaid.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

Paternity leave benefits

Not provided.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

Adoption leave benefits

Not provided.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Women workers and the spouses of a male worker are entitled to free medical benefits during pregnancy and confinement.
Act L/94/006/CTRN issuing a Social Security Code §107

Financing of benefits

The Social Security System.
The budget of the Social Security Fund is financed by:
-Contributions paid exclusively by employers for the family allowances branch and professional risks, and also by employees for sickness branch.
- Amounts collected as moratorium interest rates in case of delayed payment of contributions.
Income from investments of funds by the Fund;
- Donations and legacies;
- Possibly the contributions of the budget and tax revenues off-budget
and any other resources allocated to the Fund by any Act or
Regulation.
Act L/94/006/CTRN issuing a Social Security Code §30,107

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Women workers are entitled to breaks not exceeding one hour per day for a period of 15 months following the birth of the child.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §62
Order N° 1392/MASE/DNTLS/90 respecting the employment of women and pregnant women §9

Remuneration of nursing breaks

It is not mentioned by the law.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

Transfer to another post

Not provided.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

Nursing facilities

Not mentioned.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

HEALTH PROTECTION


Arrangement of working time


Night work

Night work (from 8 pm to 6 am) shall be prohibited for women, except with the authorization of the Labour Inspector when women occupy: *executive posts, *posts of a technical nature and *posts of a medical or social nature.
Order N° 1392/MASE/DNTLS/90 respecting the employment of women and pregnant women §1

Overtime

It is not forbidden for either pregnant workers or for breastfeeding mothers.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

Work on rest days

It is not forbidden neither for pregnant workers nor for breastfeeding mothers. However, is necessary to take into account that the rest of female workers and minors under 18 years of age shall last 12 consecutive hours as minimum.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §149

Time off for medical examinations

Not provided.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

Leave in case of sickness of the child

Not provided.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

Dangerous or unhealthy work


General

Neither women nor apprentices and minors under 18 years of age can be employed in unhealthy or dangerous locations or where they are exposed to manipulation or the emanation of prejudicial substances for their health, exceptions provided in case of special conditions determined by further decrees.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §187

Risk assessment


» Assessment of workplace risks

Special measures on assessment of workplace risks are not stipulated specially in favor neither of pregnant workers nor of breastfeeding mothers. Nevertheless, there are general provisions on risk assessment in favor of all workers in general. In this sense, the managers, directors and employees in charge of dangerous work that represent a special risk for the health, are compelled to inform the precise nature of this danger by a written declaration addressed to the Labour Inspector. The persons mentioned initially are in charge of the implementation of all the measures of protection to avoid the risk derived from these dangerous work.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §169

» Adaptation of conditions of work

Although there have not been stipulated special legal provisions to protect pregnant workers and/or breastfeeding mothers, in order to protect life and health of workers, the employer is compelled to adapt the conditions of exploitation of the enterprise to the necessary measures that are needed to prevent accidents and sickness.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §169

» Transfer to another post

A pregnant woman may be temporarily transferred to another job without loss of wages for health reasons.
Order N° 1392/MASE/DNTLS/90 respecting the employment of women and pregnant women §10

» Paid/unpaid leave

If no suitable alternative employment can be found, the worker may go on sick leave until the beginning of maternity leave.
Order N° 1392/MASE/DNTLS/90 respecting the employment of women and pregnant women §11

» Right to return

The temporary transfer ceases when health conditions allow the woman to return to her previous job or at the latest at the end of pregnancy.
Order N° 1392/MASE/DNTLS/90 respecting the employment of women and pregnant women §10

Particular risks

It is prohibited to employ women in mine underground work and in quarries.
Order N° 1392/MASE/DNTLS/90 respecting the employment of women and pregnant women §3

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

No pregnant woman or a woman who has given birth up to 4 weeks after the resumption of work, may be required to carry loads over 5 kg. It is also prohibited to make a pregnant woman push or drag any load over 30 kg .
Order N° 1392/MASE/DNTLS/90 respecting the employment of women and pregnant women §6

» Work involving exposure to biological, chemical or physical agents

Pregnant women and breastfeeding mothers shall not work: * in activities which imply a risk of exposure to ionising radiations. * in activities using mercury, silica, ceruse, lead, sulphuric acid, among others.
Order N° 1392/MASE/DNTLS/90 respecting the employment of women and pregnant women §4-5,7

» Working requiring special equilibrium

Not mentioned.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

Not mentioned.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

There have not been stipulated anti-discrimination measures in the Labor Code. On the other hand, the Constitution stipulates that the right to work is recognized for everyone. The State shall create the conditions to exercise this right, and the right to work cannot be limited by reasons of sex, race, ethnic group or personal opinions.
Constitution of the Republic of Guinea §18
Constitution of the Republic of Guinea

Prohibition of pregnancy testing

Not prohibited.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

Protection from discriminatory dismissal

Dismissal is prohibited during maternity leave and during extended unpaid optional maternity leave, except in the event of serious misconduct not connected to pregnancy or if, for a reason unrelated to pregnancy, the employer finds it impossible for the contract to remain in effect. If the Labour Court finds that a woman’s contract has been wrongfully terminated, the employer is ordered to reinstate the woman in her job or, if she is not reinstated, to pay her compensation equaling 2 years of wages. During pregnancy and after the birth of her child for up to 15 months, a woman worker may terminate her employment contract without notice.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code §63-64

Burden of proof

There are not legal provisions on this subject.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code
Constitution of the Republic of Guinea

Guaranteed right to return to work

The law does not include a guarantee on the right for female workers to return to the same work they were performing before taken their maternity leave.
Ordinance No. 003/PRG/SGG/88 issuing the Labour Code

Results generated on: 31st October 2014 at 01:09:06.
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