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Mauritania - Maternity protection - 2011


SOURCES


Name of Act

Act No. N° 2004-015 to establish a Labour Code (Loi N° 2004-015 du 6 juillet 2004 portant Code du travail), dated 6 July 2004

Name of Act

Act No. 67-039 to institute a Social Security scheme (Loi No. 67-039 du 3 février 1967 instituant un régime de sécurité sociale), dated 3 february 1967, Journal Officiel, 22 March 1967, No. 202/3, p. 39, as amended by Ordonnance No. 87-296 of 24 November 1987

Name of Act

Order N° 5254 IGTLS/AOF respecting the employment of women and pregnant women, dated 19 July 1954, Journal Officiel de l’Afrique Occidentale Française, 31 July 1954, No. 2722, p. 1337

Name of Act

Order No. 464 regulating benefits from social security, dated 4 September 1967 (Arrêté No. 464 portant règlement du service des prestations de la sécurité sociale), Journal Officiel, 18 October 1967, No. 217, pp. 362-380, as amended by Decree No. 307 of 28 May 1992.

MATERNITY LEAVE


Scope

Maternity protection under the Labour Code covers women working for other persons in the public and private sectors (including labour relations in the merchant marine), with the exception of permanent civil servants.
Labour Code §1

Qualifying conditions

No relevant provisions identified.

Duration


Compulsory leave

8 weeks
Labour Code §39(1)

General total duration

In virtue of the pregnancy, every woman is entitled to maternity leave for the period of 14 consecutive week, of which 8 weeks shall be taken after the birth. The duration of 8 weeks after the birth is irreducible no matter when the birth takes place. This interruption of work cannot be considered as cause for the termination of employment.
Labour Code §39(1)
Historical data (year indicates year of data collection)
  • 2009: 14 weeks, of which 8 must be taken after confinement.
  • 2004: Fourteen weeks
  • 1998: Fourteen weeks
  • 1994: Fourteen weeks

Extension

No relevant provisions identified.

Leave in case of illness or complications

The suspension of the contract of employment may be extended by 3 weeks in case of illness arising out of pregnancy or confinement. A woman may also be granted unpaid leave for a period preceding maternity leave, as required, on production of a medical certificate indicating her absolute need of rest.
Labour Code §39

RELATED TYPES OF LEAVE

No relevant provisions identified.

RIGHT TO PART-TIME WORK

No relevant provisions identified.

CASH BENEFITS


Maternity leave benefits


Scope

Prenatal allowances apply to employees and the spouses of a male employee, while daily benefits apply only to women employees as provided by the Labour Code and the Merchant Marine Code.
Act No. 67-039 to institute a Social Security Scheme §29-30,39

Qualifying conditions

For prenatal allowances: *Women shall present a pregnancy certificate to the Social Security Fund within the 3 first months of pregnancy. *women must undergo medical examinations 3 times during pregnancy: before the end of the 3rd month of pregnancy, towards the 6th and towards the 8th month of pregnancy. To get daily benefits, women shall be employed. They shall present a certificate from the employer stating that the woman has suspended her work and a pay slip or a certificate delivered by the employer justifying the actual wages at the time of the suspension of work. Payment is conditional upon presentation of a medical certificate stating pregnancy, the effective suspension of the professional activity and a receipt of payment of the month previous to the suspension of the work.
Act No. 67-039 to institute a Social Security Scheme §29-31, 39
Order No. 464 regulating benefits from social security § 20,25-27, 123,125,127

Duration

Prenatal allowances are paid during the whole period of pregnancy. The daily benefits are paid for 14 weeks and any extension of the maternity leave period.
Act No. 67-039 to institute a Social Security Scheme §39
Order No. 464 regulating benefits from social security §20,125

Amount

The daily indemnities are paid at 100 per cent of the average daily wage computed on the basis of earnings during the previous 90 days.
Act No. 67-039 to institute a Social Security Scheme §39
Historical data (year indicates year of data collection)
  • 2009: The daily indemnities are paid at 100 per cent of the average daily wage computed on the basis of earnings during the previous 90 days.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The Social Security Fund, which is financed by contributions of employers, penalties, income from investment of funds, donations, and other income.
Act No. 67-039 to institute a Social Security Scheme §18, 22
Historical data (year indicates year of data collection)
  • 2009: The Social Security Fund, which is financed by contributions of employers, penalties, income from investment of funds, donations, and other income.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Alternative provisions

The birth grant is paid as a lump-sum. To get the birth grant (up to 3 children of her first marriage) women shall present to the Social Security Fund a birth certificate of their child and a medical certificate stating that the child is born.
Act No. 67-039 to institute a Social Security Scheme §29-31, 39
Order No. 464 regulating benefits from social security § 63-65,67,69

Parental leave benefits

No relevant provisions identified.

Paternity leave benefits

No relevant provisions identified.

Adoption leave benefits

No relevant provisions identified.

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Employers are required to provide medical services for their employees and their dependents through the employer medical service program, or through the joint interemployer medical service program for firms with fewer than 750 workers. The National Office of Occupational Medicine is in charge of the management of medical services in the enterprises.
Labour Code §254-257

Financing of benefits

The costs of the functioning of the National Office of Occupational Medicine are covered by a contribution of employers.
Labour Code §259

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. These breaks may be distributed in 2 periods, upon agreement with the employer.
Labour Code §42(2), 163(1)

Remuneration of nursing breaks

The breastfeeding breaks shall be counted as working time and paid as such.
Labour Code §42(3)

Transfer to another post

No relevant provisions identified.

Nursing facilities

No relevant provisions identified.

HEALTH PROTECTION


Arrangement of working time


Night work

Night work (from 10 pm to 5 am) shall be prohibited for women in factories, manufactures, mines, quarries, building sites, workshops and their dependences.
Labour Code §166
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Overtime

In industrial and commercial establishments no woman shall be employed for more than 10 hours of actual work in the day.
Order N° 5254 IGTLS/AOF respecting the employment of women and pregnant women §2

Work on rest days

No relevant provisions identified.

Time off for medical examinations

No relevant provisions identified.

Leave in case of sickness of the child

No relevant provisions identified.

Other work arrangements

No relevant provisions identified.

Dangerous or unhealthy work


Risk assessment


» Assessment of workplace risks

A pregnant woman, like other women workers, may request the labour inspector to order an examination by an approved medical practitioner in order to ascertain that the work which is given to her is not beyond her strength.
Labour Code §248(1)

» Adaptation of conditions of work

No relevant provisions identified.

» Transfer to another post

A woman may not be kept on any job which has been found to be beyond her strength, and must be transferred to more suitable work. If this is not possible, the contract is terminated with compensation in lieu of notice.
Labour Code §248(2)

» Paid/unpaid leave

No relevant provisions identified.

» Right to return

No relevant provisions identified.

Particular risks

No woman or pregnant woman shall be employed in any work which is beyond her strength , which involves hazards or which is of such nature or is carried out in such circumstances as to injure her morals. No woman shall be employed on underground work in mines or quarries.
Labour Code §247
Order N° 5254 IGTLS/AOF respecting the employment of women and pregnant women §9

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

No woman shall be required to carry, drag or push any load exceeding the following weights: porterage 25 kg; transport in cars running on rails (including weight of vehicle 600 kg; transport in wheelbarrows (including weight of vehicle) 40 kg; transport on three-wheeled or four-wheeled vehicles (including weight of vehicle) 60 kg; transport in two-wheeled hand carts (including weight of vehicle) 130 kg. No woman shall be required to carry, push or drag any load during the 3 weeks following the normal resumption of work after confinement.
Order N° 5254 IGTLS/AOF respecting the employment of women and pregnant women §1 and 8, 20

» Work involving exposure to biological, chemical or physical agents

No woman shall be admitted to the premises where the following operations are carried out (non exhaustive list): manufacture of or painting with a base of white lead, work in places where flesh, remains and waste from slaughtered animals are stored, manufacture of alkaline chlorides, treatment of fruit against insects with nitrogen trichloride or with acetylene or ethylene, work in workshops for quicksilvering of mirrors, lead casting and rolling, manufacture of litharge, massicot and minium, etc. The employment of women in the following premises shall be subject to conditions (non exhaustive list): manufacture of sulphuric acid, bleaching, application of rubber coatings, gold and silver plating, pickling or galvanising of iron, dye works, etc.
Order N° 5254 IGTLS/AOF respecting the employment of women and pregnant women Schedule A and Schedule B

» Working requiring special equilibrium

No relevant provisions identified.

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

No relevant provisions identified.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The principle of equality shall prevail in different labour aspects such as access to employment, recruitment and salary. Any discrimination, distinction, exclusion or preference based on the race, sex, religion, among other reasons, are contrary to this principle.
Labour Code §7,60,76,104,191,395

Prohibition of pregnancy testing

No relevant provisions identified.

Protection from discriminatory dismissal

Dismissal is prohibited during maternity leave. Dismissal is considered as abusive when it is based on non justified grounds, or when it is based on the sex of the worker. During pregnancy and after the birth of her child for up to 15 months, a woman worker may terminate her employment contract without notice and without being obliged to pay compensation on that account.
Labour Code §40, 60(2)

Burden of proof

In case of conflict, the proof of the existence of a justified reason for dismissal lies on the employer.
Labour Code §60(3)

Guaranteed right to return to work

In virtue of the pregnancy, every woman is entitled to maternity leave for the period of 14 consecutive week, of which 8 weeks shall be taken after the birth. The duration of 8 weeks after the birth is irreducible no matter when the birth takes place. This interruption of work cannot be considered as cause for the termination of employment.
Labour Code §39(1)

Results generated on: 23rd October 2014 at 16:28:11.
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