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Mozambique - Maternity protection - 2011


LAST UPDATE

8 March 2011.
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SOURCES


Name of Act

Labour Law,
Law n°23/2007 of August 1, 2007 (Lei do Trabalho)

Name of Act

Law on Social Protection,
Law Nr. 4/2007 (Lei sobre a Protecção Social)

Name of Act

Decree 53/2007 On the System of Compulsory Social Security for workers.

MATERNITY LEAVE


Scope

Working mothers, fathers and guardians are guaranteed special maternity, paternity and child care rights.

In addition to normal holidays, female employees shall be entitled to maternity leave of sixty consecutive days, which may commence twenty days prior to the expected delivery date and which may be enjoyed consecutively.
Labour Law §10 (2), 12 (1)
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Duration


General total duration

In addition to normal holidays, female employees shall be entitled to maternity leave of sixty (60) consecutive days, which may commence twenty days prior to the expected delivery date and which may be enjoyed consecutively.
Labour Law §12(1)
Historical data (year indicates year of data collection)
  • 2004: Sixty days
  • 1998: Sixty days
  • 1994: Sixty days

Leave in case of illness or complications

When there is a clinical risk to the female employee or the child, which prevents the employee from working, she shall be entitled to leave of absence before the birth, for such period as is necessary to avert the risk and has been medically prescribed, without prejudice to the maternity leave established in parapgraph 1 of this article.
Labour Law §12(3)

RELATED TYPES OF LEAVE


Paternity leave

The father shall be entitled to paternity leave for one day, every two years, and this day shall be taken on the day immediately following the birth.
Labour Law §12, (5)
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Scope

Working mothers, fathers and guardians are guaranteed special maternity, paternity and child care rights.
Labour Law §10(2)

Length

Paternity leave is of one (01) day after the birth.
Labour Law §12(5)

CASH BENEFITS


Maternity leave benefits


Scope

Working mothers, fathers and guardians are guaranteed special maternity, paternity and child care rights.
Labour Law §10(2)

Duration

During maternity leave (60 days) women are entitled to cash benefits from the social security system.
Decree 53/2007 On the System of Compulsory Social Security for workers. §27(1)

Amount

The daily ammount of the benefit for maternity leave corresponds to the average ammount of the daily salary calculated according to the following formule: AS=R/180, being AS the amount of the average salary and R the total remuneration received by the employee registered in the 6 months preceeding the second month before the beggining of the incapability for working.
Decree 53/2007 On the System of Compulsory Social Security for workers. §27(2)
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

Compulsory social security comprises benefits in the event of sickness, maternity, invalidity, old age and death.
Law on Social Protection §19(1)
Historical data (year indicates year of data collection)
  • 2009: Social Security
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

BREASTFEEDING

During the period of pregnancy and after childbirth, female employees shall be guaranteed the following rights:
c)for a maximum of one year, to interrupt daily work in order to breastfeed the child, for two periods of half an hour each, or for a single one hour period when work is performed in a single unbroken shift, with no loss of remunation in either case.
Labour Law §11(1)c)

HEALTH PROTECTION


Arrangement of working time

During the period of pregnancy and after childbirth, female employees shall be guaranteed the following rights:
b)as of the third month of pregnancy, not to perform night work, exceptional work or overtime, nor be moved from her usual workplace, unless it is at her request or necessary for her health or the health of the child.
Labour Law §11(1)b)

Night work

b)as of the third month of pregnancy, not to perform night work, exceptional work or overtime, nor be moved from her usual workplace, unless it is at her request or necessary for her health or the health of the child.
Labour Law §11(1)b)

Overtime

b)as of the third month of pregnancy, not to perform night work, exceptional work or overtime, nor be moved from her usual workplace, unless it is at her request or necessary for her health or the health of the child.
Labour Law §§1(1)b)

Leave in case of sickness of the child

A female employee’s absence from work for up to thirty days each year, to take care of her minor children in cases of accident or illness, shall be considered justified absence and shall not result in any loss of rights, except as regards remuneration.
Labour Law §11(6)

Dangerous or unhealthy work

Employers are forbidden from giving female employees work that is harmful to their health or their reproductive functions.
Labour Law §11(2)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Female employees shall be respected and any act against their dignity shall be punished by law.

Employees at the workplace who carry out acts against the dignity of a female employee shall be subject to disciplinary proceedings.

Employers are forbidden from dismissing, punishing or otherwise causing prejudice to a female employee for reasons of alleged discrimination or exclusion.
Labour Law §11(3), (4), (5)

Protection from discriminatory dismissal

Employers are forbidden from dismissing, punishing or otherwhise causing prejudice to a female employee for reasons of alleged discrimination or exclusion.
Labour Law §11(5)

Guaranteed right to return to work

During the period of pregnany and after childbirth, female employees shall be guaranteed the following rights:
d)not to be dismissed, without juste cause, during pregnancy or for the one year after the birth;
Labour Law §11(1)d)

Results generated on: 03rd September 2014 at 06:41:30.
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