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Equatorial Guinea - Maternity protection - 2011


LAST UPDATE

16 August 2011.

SOURCES


Name of Act

Labour Code: Act No. 2 to promulgate the Labour Code, dated 4 January 1990 (Boletín Oficial del Estado, Extraordinary, 1990, pp.1-39)

Name of Act

Decree No. 100 to promulgate the regulations of the Social Security Scheme, dated 28 September 1990 (Boletín Oficial del Estado, 1990)

MATERNITY LEAVE


Scope

Protection provided under the Labour Code covers all women working for an employer on the basis of a contract of employment.

Maternity leave benefits shall be paid to all women covered by the social security, during the first 6 weeks before the birth and 6 weeks after the birth.
Labour Code §3
Decree No. 100 to promulgate the regulations of the Social Security Scheme §31(1)
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Qualifying conditions

The woman shall inform her employer, by submitting a medical certificate attesting her pregnancy.
Labour Code §52(2)
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Duration


Compulsory leave

There is no specific provision stating the duration of compulsory leave.
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General total duration

Women shall be entitled to maternity leave as from 6 weeks before the birth, after having informed the employer and presented the medical certificates attesting the pregnancy.

Maternity leave benefits shall be paid to all women covered by the social security, during the first 6 weeks before the birth and 6 weeks after the birth.
Decree No. 100 to promulgate the regulations of the Social Security Scheme §52(2)
Decree No. 100 to promulgate the regulations of the Social Security Scheme §31(1)
Historical data (year indicates year of data collection)
  • 2009: 12 weeks (six weeks before the expected date of confinement and six weeks after birth)
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

Maternity leave shall be extended when there is an error in determining the date of birth. In case of illness, attested by a medical doctor, caused by the pregnancy, women shall be entitled to a supplementary pre-natal rest or to an extension of the postnatal rest. The duration of such rests shall be determined by the authority.
Labour Code §52(2)

Leave in case of illness or complications

Prenatal and postnatal leave are extended in in the event of sickness resulting from pregnancy or confinement. (The period of extension shall be established by the competent authority)
Labour Code §52(2)

CASH BENEFITS


Maternity leave benefits


Scope

All workers from Equatorial Guinea who work in the territory of the country and the public servants (civil and military) who work for the State, and in local and autonomous institutions. Provisions are also applicable to workers from Equatorial Guinea who reside abroad. Furthermore considered as workers from Equatorial Guinea are the workers from Ibero-American countries which have ratified the Ibero-American Social Security Agreement.
Decree No. 100 to promulgate the regulations of the Social Security Scheme §1, 2

Qualifying conditions

To be entitled to cash maternity benefits, women shall have a period of 12 months of contributions immediately prior to confinement.
Decree No. 100 to promulgate the regulations of the Social Security Scheme §32(a)

Duration

Maternity leave benefits shall be paid to the worker during the period of six weeks preceeding the birth and six weeks after the birth.
Decree No. 100 to promulgate the regulations of the Social Security Scheme §32(1)

Amount

75 per cent of the salary on the basis of which contributions are paid. If eligibility conditions are not fulfilled, the mother receives a lump-sum equal to 2 months of the salary on the basis of which contributions are paid.
Decree No. 100 to promulgate the regulations of the Social Security Scheme §32(b)(c)
Historical data (year indicates year of data collection)
  • 2009: 75 per cent of the salary on the basis of which contributions are paid. If eligibility conditions are not fulfilled, the mother receives a lump-sum equal to 2 months of the salary on the basis of which contributions are paid.
  • 2004: Seventy-five percent
  • 1998: Seventy-five percent
  • 1994: Seventy-five percent

Financing of benefits

Social Security System, which is financed by the contributions of the insured, employers, the State and other income such as interest.
Decree No. 100 to promulgate the regulations of the Social Security Scheme §83
Historical data (year indicates year of data collection)
  • 2009: Social Security System, which is financed by the contributions of the insured, employers, the State and other income such as interest.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Medical benefits are provided for the insured women and the spouses of an insured male worker.
Decree No. 100 to promulgate the regulations of the Social Security Scheme §11

Financing of benefits

Social Security System, which is financed by the contributions of the insured, employers, the State and other income such as interest.
Decree No. 100 to promulgate the regulations of the Social Security Scheme §83

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

During the period of breastfeeding, women are entitled to two 30 minutes paid breaks, in order to breastfeed their child. These periods shall be chosen by the employee, but preferebly those that are convenient to the employer.
Labour Code §52(3)

Remuneration of nursing breaks

During the period of breastfeeding, women are entitled to two 30 minutes paid breaks, in order to breastfeed their child. These periods shall be chosen by the employee, but preferebly those that are convenient to the employer.
Labour Code §52(3)

HEALTH PROTECTION


Arrangement of working time


Overtime

Pregnant workers cannot perform overtime work, nor perform inappropriate tasks or tasks harmful to her state.
Labour Code §49(5)

Dangerous or unhealthy work


General

Pregnant workers cannot perform overtime work, nor perform inappropriate tasks or tasks harmful to her state.
Labour Code §49(5)

Risk assessment


» Assessment of workplace risks

Employers shall take measures to prevent dangerous work and protect workers against work hazards.
Labour Code §29(2)

Particular risks


» Work involving exposure to biological, chemical or physical agents

Employers shall take measures to:

d) Protect workers from dangerous radiations.
Labour Code §29(2)d)

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

Employers shall take measures to:

e)Predict the execution of dangerous works in separate places and properly equipped.
Labour Code §29(2)e)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The State guarantees equality of opportunity and treatment in employment. Discrimination on the basis of sex is prohibited. Not to be discriminated in any way and for any reason is a right of each worker.
Labour Code §1(4)

Protection from discriminatory dismissal

The employment contract can be suspended:
c)During the period of maternity leave of a worker.

During the suspension of the employment contract, the worker cannot be dismissed and the employment relation is still in force. However, there is no obligation from the worker to perform work, nor from the employer to pay a salary.

The pregnant woman, while performing her work, can only be dismissed for a fully justified cause and prior to authorization from the Labour Delegate. During maternity leave, or rest period because of sickness resulting from pregancy, she cannot be dismissed, nor can her dismissal be ratified because of a notice expired during the mentioned leave.
Labour Code §72(c), 73(1),79(3)

Guaranteed right to return to work

The employment contract can be temporarely suspended:
c)During the period of maternity leave of a worker.

During the suspension of the employment contract, the worker cannot be dismissed and the employment relation is still in force. However, there is no obligation from the worker to perform work, nor from the employer to pay a salary.

Once the suspension ceases, the worker has the right to return to the work and continue to perform it in the same conditions found before the suspension of the contract.
Labour Code §72(c), 73(2)(3)

Results generated on: 25th October 2014 at 11:30:01.
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