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Comoros - Maternity protection - 2011


LAST UPDATE

07 November 2011.
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SOURCES


Name of Act

Labour Code, Loi No. 84-018/PR portant le Code du travail.

Name of Act

Order on Night Work for women and children in industries, N. 66/84/IT-C, 1965

MATERNITY LEAVE


Scope

The present Code shall apply to workers and employers exercising their professional activity in the Comoros.

A worker is anyone, regardless of sex or nationality, who engages him/herself into a professional activity under the direction or authority of another person, natural or moral, public or private.
Labour Code §1(1)(2)

Duration


Compulsory leave

8 weeks:
In the case of pregnancy every woman has the right to suspend work for the period of 14 consecutive weeks, 8 of which have to be taken after the birth.
Labour Code §121(2)

General total duration

In the case of pregnancy every woman has the right to suspend work for the period of 14 consecutive weeks, 8 of which have to be taken after the birth. This period can be extended up to 3 weeks in case of duly attested illness resulting either from the pregnancy or the birth. This suspension cannot be considered as cause for the termination of the employment contract.
Labour Code §121(2)
Historical data (year indicates year of data collection)
  • 2009: 14 weeks (including 8 weeks after confinement)
  • 2004: Fourteen weeks
  • 1998: Fourteen weeks
  • 1994: Fourteen weeks

Extension

This period can be extended up to 3 weeks in case of duly attested illness resulting either from the pregnancy or the birth.
Labour Code §121(2)

Leave in case of illness or complications

This period (14 weeks) can be extended up to 3 weeks in case of duly attested illness resulting either from the pregnancy or the birth.
Labour Code §121(2)

CASH BENEFITS


Maternity leave benefits


Scope

By virtue of the pregnancy every woman has the right to suspend work for the period of 14 weeks, without having this suspension being cause for dismissal. From the 14 weeks, 8 must be taken after the birth. This leave can be extended for another 3 weeks in case the mother suffers from illness, duly attested by a doctor, resulting from the pregnancy or the birth.
The woman is entitled, for the period above, to the totality of the salary she was receiving before taking maternity leave. This amount shall be paid by the employer until a social security system is put in place.
Labour Code §121(2)(3)

Duration

In virtue of the pregnancy every woman has the right to suspend work for the period of 14 weeks, without having this suspension being cause for dismissal. From the 14 weeks, 8 must be taken after the birth. This leave can be extended for another 3 weeks in case the mother suffers from illness, duly attested by a doctor, resulting from the pregnancy or the birth.
Labour Code §121(2)

Amount

The woman is entitled, for the period above, to the full salary she was receiving before taking maternity leave. This amount shall be paid by the employer until a social security system is put in place.
Labour Code §121(3)
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

The woman is entitled, for the period above, to the full salary she was receiving before taking maternity leave. This amount shall be paid by the employer until a social security system is put in place.
Labour Code §121(3)
Historical data (year indicates year of data collection)
  • 2009: Employer.
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

Alternative provisions

During maternity leave, the woman retains her rights to all in-kind payments.
Labour Code §121(6)

MEDICAL BENEFITS

During a period of 15 months after the birth of the child, the woman is entitled to rest breaks for breastfeeding.
The total duration of such breaks cannot exceed 1 hour per day.
The mother can, during this period, quit the work without notice and without having to pay any indemnity for termination.
Labour Code §122

HEALTH PROTECTION


Arrangement of working time


Night work

With respect to the employment of women and young workers in industries, it shall be considered as night work, every work performed between 20h and 06h.

Women and young workers, as well as apprentices, cannot be employed in any kind of night work in industrial establishment, public or private, or in their facilities.

Article 3 does not apply to night work performed by adult women and male young workers over the age of 16 employed to work with material likely to rapid deteriorate, when the work is temporary, as well as when a case of force majeure which could not been predicted or prevented and does not happen periodically obstructs the normal functioning of an industrial establishment. The company or establishment directors shall, however, inform the labour inspectorate of the such forseen derogations to the previous paragraph.

The daily rest period of women and young workers shall be of 12 consecutive hours.
The working conditions during night work for women and young workers in industries shall be established by decree.
Order on Night Work for women and children in industries §2, 3, 5

Other work arrangements

A woman or a young worker cannot be maintained in a work that exceeds their strength and shall be moved to more appropriate work. If that is not possible, the employment contract shall be terminated with payment of notice indemnity.
Labour Code §124(2)

Dangerous or unhealthy work


General

The Labour Inspector can require the examination of women and young workers by a certified doctor, in order to verify if the work performed does not exceed their strength. This requirement is a right of the concerned workers.
A woman or a young worker cannot be maintained in a work that exceeds their strength and shall be moved to more appropriate work. If that is not possible, the employment contract shall be terminated with payment of notice indemnity.
Labour Code §124

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

No employer shall take into account race, colour, sex, religion, political opinion, national ascendance or social origin, to take decisions with respect to hiring, employment, training and professional development, remuneration and the granting of social benefits, the division of labour, disciplinary measures and dismissal.
Labour Code §2(2)

Results generated on: 02nd September 2014 at 11:16:28.
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