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Guinea-Bissau - Maternity protection - 2011


LAST UPDATE

19 April 2011.
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SOURCES


Name of Act

Act n. 2/86, Labour Code, from 05/04/1986.

Name of Act

Law Decree n. 5/86, on the social security for workers.

Other source used

Statistics and indicators on women and men, United Nations Statistic division, 2008

MATERNITY LEAVE


Scope

Every female worker is entitled to a maternity leave of 60 days, without loss of remuneration, during the whole pregnancy and in cases of delivery of stillborn, or death of living birth.
Act n. 2/86, Labour Code, from 05/04/1986. §158(1)
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Duration


Compulsory leave

The female workers is obliged to take at least 30 days of the 60 days of maternity leave immediately after the birth.
Act n. 2/86, Labour Code, from 05/04/1986. §158(2)

General total duration

Every female worker is entitled to a maternity leave of 60 days, without loss of remuneration, during the whole pregnancy and in cases of delivery of stillborn, or death of living birth.
Act n. 2/86, Labour Code, from 05/04/1986. §158(1)
Historical data (year indicates year of data collection)
  • 2009: 60 days.
  • 2004: Sixty days
  • 1998: Sixty days
  • 1994: Sixty days

CASH BENEFITS


Maternity leave benefits


Duration

Every female worker is entitled to a maternity leave of 60 days, without loss of remuneration, during the whole pregnancy and in cases of delivery of stillborn, or death of living birth.
Act n. 2/86, Labour Code, from 05/04/1986. §158(1)

Amount

Every female worker is entitled to a maternity leave of 60 days, without loss of remuneration, during the whole pregnancy and in cases of delivery of stillborn, or death of living birth.
Act n. 2/86, Labour Code, from 05/04/1986. §158(1)
Historical data (year indicates year of data collection)
  • 2009: 100 per cent.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Whenever the employee is covered by the social security system which will pay her the pecuniary benefit due for the maternity leave, the remuneration due by the employer shall be diminished according to the amount paid by the social security.
Act n. 2/86, Labour Code, from 05/04/1986. §158(6)
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Historical data (year indicates year of data collection)
  • 2009: Employer (if a woman affiliated to a social security scheme receives a subsidy, the employer pays the difference between the subsidy and the woman's salary).
  • 2004: Employer or social security subsidy and employer pays difference
  • 1998: Employer or social security subsidy and employer pays difference
  • 1994: Employer or social security subsidy and employer pays difference

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

The female workers are entitled to the following rights:
c) to be absent from work, without loss of remuneration, for the time necessary, in order to seek medical assistance during the pregancy, whenever such assistence cannot be provided outside working time, and after the birth, whenever requested by a doctor.
Act n. 2/86, Labour Code, from 05/04/1986. §157(1)c)

Financing of benefits

The medical assistance and necessary medecine is guaranteed to the pregnant worker and eventual spouse, and shall receive treatments during the pregnancy, the birth and the nursery, in cases where the situation requires it and the resources needed are available.
Law Decree n. 5/86, on the social security for workers. §34(1)

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

The female workers are entitled to the following rights:
d) To interrupt the daily work in order to breasfeed her child, for one hour, or in two periods of half an hour each, without loss of remuneration, to the limit of one year after the birth.
Act n. 2/86, Labour Code, from 05/04/1986. §157(1)d)

Remuneration of nursing breaks

The female workers are entitled to the following rights:
d) To interrupt the daily work in order to breasfeed her child, for one hour, or in two periods of half an hour each, without loss of remuneration, to the limit of one year after the birth.
Act n. 2/86, Labour Code, from 05/04/1986. §157(1)d)

HEALTH PROTECTION


Arrangement of working time


Night work

Night work is forbidden for women.

The last paragraph does not apply:
a) To women occupying direction or technical responsibility positions;
b) To women working in hygiene services and health services or welfare sevices;
c) When unforseen situations or cases of force majeure require it, being indispensable to prevent the deterioration of equipments, raw material or products of the company;
d) When because of its own nature, to work can only be performed during the night.
Act n. 2/86, Labour Code, from 05/04/1986. §160

Overtime

The female workers are entitled to the following rights:
b) Not to perform overtime work during pregancy and after the birth, for the period medically prescribed.
Act n. 2/86, Labour Code, from 05/04/1986. §157(1)b)

Leave in case of sickness of the child

The female workers are entitled to the following rights:
e) To be absent from work, without loss of remuneration, in order to provide urgent assistence to her child or to accompany the child to a medical assistance, whenever this cannot be done outside working hours.
Act n. 2/86, Labour Code, from 05/04/1986. §157(1)e)

Dangerous or unhealthy work


General

The female workers are entitled to the following rights:
a) Not to perform tasks medically unadvised, considering the state of pregancy, wiothout loss of remuneration, during the pregancy and after the birth.
Act n. 2/86, Labour Code, from 05/04/1986. §157(1)a)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The job offers cannot contain, directly or indirectly, any restriction, specification or preference based on sex. Unles when that would be essential regarding the nature of the work performed, so that it would be qualitatively different when performed by a man or a woman.

Employers should assure equality of opportunity and treatment with regards to professional formation and development of the professional career.

It shall be guaranteed to the female workers the right to equal remuneration as that paid to men, when the same work is performed. It is forbidden to create different professional categories specifically for men and women, or to establish different remuneration for the before mentioned, with inferior amount when the work is performed by women when the professional category is the same.
Act n. 2/86, Labour Code, from 05/04/1986. §156

Results generated on: 29th August 2014 at 03:12:32.
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