Sao Tome and Principe - Maternity protection - 2011
LAST UPDATE
14 April 2011.
Remarks: Article 3 of the Act regulating Individual Labour Relations states that untill there is a specific legislation regulating public servants, the provisions of the act shall apply to them. Besides that, it excludes from the scope of the act on bord work, port work and domestic work, saying that these labour relations shall be regulated by a specific legislation.
SOURCES
Name of Act
Labour Law, Law No. 6/92 of 11 June 1992, (Regime Juridico das Condiçôes Individuais de Trabalho Diário da República)
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)
Remarks: Article 3 of the Act regulating Individual Labour Relations states that untill there is a specific legislation regulating public servants, the provisions of the act shall apply to them. Besides that, it excludes from the scope of the act on bord work, port work and domestic work, saying that these labour relations shall be regulated by a specific legislation.
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: 18th April 2024 at 15:52:56.
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