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Sao Tome and Principe - Maternity protection - 2011


LAST UPDATE

14 April 2011.
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SOURCES


Name of Act

Labour Law,
Law No. 6/92 of 11 June 1992, (Regime Juridico das Condiçôes Individuais de Trabalho Diário da República)

Name of Act

Act n.1/90, from 08/05/1990, Regulating Social Security.

MATERNITY LEAVE


Scope

Every female worker is entitled to maternity leave for 60 days without loss of remuneration.
Labour Law §140(1)
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Duration


Compulsory leave

At least 30 days of the 60 days of maternity leave have to be taken immediately after the birth.

The rest of the days can be taken, totally or partially, before or after the birth.
Labour Law §140(2)(3)

General total duration

Every female worker is entitled to maternity leave for 60 days without loss of remuneration.
Labour Law §140(1)
Historical data (year indicates year of data collection)
  • 2009: 60 days.
  • 2004: Seventy days
  • 1998: Seventy days
  • 1994: Seventy days

CASH BENEFITS


Maternity leave benefits


Scope

The general regime for employees working for others is compulsory, and comprises all workers subordinate and their respective employers, and covers eventual disease, maternity, professional disease and work accidents, incapacity, old age and death.

The benefitiaries are entitled to maternity benefits whenever attested the pregnancy situation.
Act n.1/90, from 08/05/1990, Regulating Social Security. §2(2), 47

Qualifying conditions

The conditions for the concession of the maternity leave benefits are the following:

a) Being registered for the last 360 days with the social security system;
b) Have contributed according to the work performed for the last 10 months of the 360 days above mentioned.
Act n.1/90, from 08/05/1990, Regulating Social Security. §48

Duration

Every female worker is entitled to maternity leave for 60 days without loss of remuneration.

The maternity benefits are paid for the 60 days of the maternity leave, half of each can be taken before the birth.

The period above mentioned shall be extended in 15 days in case the birth give life to more than one child.
Labour Law §140(1)
Act n.1/90, from 08/05/1990, Regulating Social Security. §50

Amount

Every female worker is entitled to maternity leave for 60 days without loss of remuneration.

The daily amount of the maternity benefit is equal to the average amount of the female worker’s remuneration.

The daily average remuneration to be considered is obtained by the formula R/30n, in which R represents the total of the remuneration registered in the 360 days preceeding the birth, and n represents the number of day to which the remuneration corresponds.
Labour Law §140(1)
Act n.1/90, from 08/05/1990, Regulating Social Security. §49
Historical data (year indicates year of data collection)
  • 2009: 100 per cent
  • 2004: One hundred percent for sixty days
  • 1998: One hundred percent for sixty days
  • 1994: One hundred percent

Financing of benefits

The general regime for employees working for others is compulsory, and comprises all workers subordinate and their respective employers, and covers eventual disease, maternity, professional disease and work accidents, incapacity, old age and death.
Act n.1/90, from 08/05/1990, Regulating Social Security. §2(2)
Historical data (year indicates year of data collection)
  • 2009: Social security (employer must pay for women not covered by social security).
  • 2004: Social security (employer must pay for women not covered by social security)
  • 1998: Social security
  • 1994: Social security

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

To the female worker, the following rights are guaranteed:

d) Interrupt the daily work to breastfeed her child during one hours, or in two periods of half an hour each, without loss of remuneration, up to one year after the birth.
Labour Law §139(1)d)

Remuneration of nursing breaks

To the female worker, the following rights are guaranteed:

d) Interrupt the daily work to breastfeed her child during one hours, or in two periods of half an hour each, without loss of remuneration, up to one year after the birth.
Labour Law §139(1)d)

HEALTH PROTECTION


Arrangement of working time


Overtime

To the female worker, the following rights are guaranteed:

b) Not perform overtime work during pregancy and after birth, for the period medically attested.
Labour Law §139(1)b)

Leave in case of sickness of the child

To the female worker, the following rights are guaranteed:

e) To be absent from work, without loss of remuneration, in order to provide medical assistance to her child or to follow him in order to obtain medical assistance, whenever this is not possible outside the working time period.
Labour Law §139(1)e)

Dangerous or unhealthy work


General

To the female worker, the following rights are guaranteed:

a) Not to perform tasks medically dangerous during pregnacy or after the birth, without loss of remuneration.
Labour Law §139(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, unless the nature of the work to be performed requires it, making it qualitatively when performed by a man or a woman.

Employers shall guarantee to the female workers equal treatment and opportunities with regard to professional formation and development of the professional career.
Labour Law §138

Results generated on: 21st October 2014 at 20:25:45.
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