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Iraq - Maternity protection - 2011


LAST UPDATE

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SOURCES


Name of Act

Act No. 71 of 1987 promulgating the Labour Code, as amended with the Law No. 17 of 2000 from the Revolutionary Council introducing the second amendment and up to the Coalition Provisional Authority Order No.89.
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Name of Act

Revolutionary Command Council Resolution No. 882

MATERNITY LEAVE


Scope

The provisions of this Code apply to all workers employed in the private, mixed and co-operative sectors. However, the provisions of the Chapter I (Protection of Women Workers) do not apply to women who are engaged in a family enterprise in which only family members work and which is under the authority and supervision of the woman’s spouse, father, mother or brother.
Labour Code §8,§89

Duration


General total duration

Every women worker is entitled to 62 days’ maternity leave at full pay.
A pregnant worker may, upon the presentation of a medical certificate from the competent service, begin the above-mentioned leave 30 days before the projected date of confinement and may take the remaining days after confinement.

The Resolution No.882 of 1987 provides for workers of the Departments of State and the socialist sector the right of enjoying a fully paid period of 6 months and half paid for the second 6 months in case of pregnancy.
Labour Code §84(1), §84(2)
Revolutionary Command Council Resolution No. 882
Historical data (year indicates year of data collection)
  • 2009: n.a.
  • 2004: Sixty-two days
  • 1998: Sixty-two days
  • 1994: Sixty-two days

Extension

The competent medical service may extend the period of leave for up to 9 months in the case of a difficult childbirth, the birth or more than one child, or the appearance of complications before or after confinement. Days which exceed the length of the leave shall be counted as unpaid leave.
Labour Code §84(3)

CASH BENEFITS


Maternity leave benefits


Scope

The provisions of this Code apply to all workers employed in the private, mixed and co-operative sectors. However, the provisions of the Chapter I (Protection of Women Workers) do not apply to women who are engaged in a family enterprise in which only family members work and which is under the authority and supervision of the woman’s spouse, father, mother or brother.
Labour Code §8,§89

Duration

Every women worker is entitled to 62 days’ maternity leave at full pay.

The Resolution No.882 of 1987 provides for workers of the Departments of State and the socialist sector the right of enjoying a fully paid period of 6 months and half paid for the second 6 months in case of pregnancy.
Labour Code §84(1)
Revolutionary Command Council Resolution No. 882

Amount

100% of the normal salary.
Labour Code §84(1)
Historical data (year indicates year of data collection)
  • 2009: n.a.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The employer.
Labour Code §84(1)
Historical data (year indicates year of data collection)
  • 2009: n.a.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

vNursing mothers shall have a nursing break of up to 1 hour during working hours; the nursing break shall count as an hour of work.
Labour Code §87(2)

Nursing facilities

A working mother may, with the consent of her employer, take a special unpaid maternity leave for a period of up to one year in order to take care of her child, provided the child has not reached one year of age.

A woman worker with one or more children under the age of six may be absent from work without pay for a period of up to 3 days whenever one of her children is sick and needs her care.
Labour Code §86(1),§87(2)

HEALTH PROTECTION


Dangerous or unhealthy work


General

A woman worker on maternity leave shall not be permitted to engage in remunerative work or in any activity likely to endanger her health.
Labour Code §85

Risk assessment


» Adaptation of conditions of work

It shall be prohibited to assign pregnant women additional work which is likely to endanger their health or the health of the fetus.
Labour Code §82

Particular risks


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

It shall be prohibited to employ women in arduous work or work which is harmful to her health.
Labour Code §81

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Any employer employing one or more women is required to post at the workplace a copy of the provisions regarding the protection of women workers.
Labour Code §80

Protection from discriminatory dismissal

The employer is under the prohibition to terminate an employee’s contract if the latter holds trade unions responsabilities and the organisation does not agree with the termination.
Labour Code Amendment introduced by the Law No. 17 of 2000

Results generated on: 27th November 2014 at 09:16:21.
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