Yemen - Maternity protection - 2011

15 November 2011

LOW

Law No. 25 of 1997, amending certain provisions of the Presidential Order to promulgate the Labour Code No. 5 of 1995.

Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

ISSA
Yemen Country profile

The Labour Code applies to all employers and workers except those covered by a special provision of this code; the excluded categories are:

(a) employees of the state administration and the public sector;
(b) officers of the judiciary and the diplomatic and consular corps;
(c) staff of military and security establishments;
(d) foreigners seconded to work with the State;
(e) foreigners working in the Republic under an international Convention to which the Republic is a party, this exemption being subject to the limits set by the Convention in question;
(f) foreigners holding diplomatic or special passports who have obtained a visa and who work in the Republic subject to the conditions of such political visas as may be issued to them;
(g) casual workers;
(h) persons related to and working with the employer who are effectively his dependants regardless of their degree of kinship;
(i) household servants and workers of equivalent status;
(j) persons employed in agriculture and pastoral work OTHER THAN:
(i) persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products;
(ii) persons who, on a permanent basis, operate or repair mechanical equipment required for agriculture or permanent irrigation works;
(iii) persons working in livestock husbandry.

There are not established qualifying conditions.

60 days.

60 days.

A pregnant worker shall be granted a further 20 days leave, in addition to the maternity leave period, in the following cases:
b. if she gives birth to a twins.

A pregnant worker shall be granted a further 20 days’ leave, in addition to the maternity leave period, in the following cases:
a. if the labour was difficult as established by a medical report,
b. if she gives birth to a twins.

Not provided.

Not provided.

Not provided.

Women’s working time shall be five hours a day as from their sixth month pregnancy and, if breastfeeding, until the end of the sixth month after childbirth. Such working time may be further reduced for health reasons on the basis of a certified medical report.

Maternity cash benefits are the employer’s responsibility, therefore the scope of labor code applicable to maternity leave is also applicable to maternity cash benefits.

The Labour Code applies to all employers and workers except those covered by a special provision of this code; the excluded categories are:

(a) employees of the state administration and the public sector;
(b) officers of the judiciary and the diplomatic and consular corps;
(c) staff of military and security establishments;
(d) foreigners seconded to work with the State;
(e) foreigners working in the Republic under an international Convention to which the Republic is a party, this exemption being subject to the limits set by the Convention in question;
(f) foreigners holding diplomatic or special passports who have obtained a visa and who work in the Republic subject to the conditions of such political visas as may be issued to them;
(g) casual workers;
(h) persons related to and working with the employer who are effectively his dependants regardless of their degree of kinship;
(i) household servants and workers of equivalent status;

(j) persons employed in agriculture and pastoral work OTHER THAN:
(i) persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products;
(ii) persons who, on a permanent basis, operate or repair mechanical equipment required for agriculture or permanent irrigation works;
(iii) persons working in livestock husbandry.

There are not qualifying conditions to be entitled to maternity paid leave.

60 days.

100 per cent

Employer.

Not provided.

Not provided.

Not provided.

Sickness and Maternity - Regulatory Framework
A health insurance program exists for public-sector employees only. Further details are unknown.

Women’s working time shall be five hours a day as from their sixth month pregnancy and, if breastfeeding, until the end of the sixth month after childbirth. Such working time may be further reduced for health reasons on the basis of a certified medical report.

It shall be forbidden to employ women at night, except during the month of Ramadhan and in the jobs which shall be specified by order of the Minister.

It shall be forbidden to assign a woman to overtime work as from the sixth month of her pregnancy and during the first six months following her return to work after maternity leave.

Not prohibited for pregnant women or nursing mothers. However, the regulations of the employment of young persons prohibits to make a young person work during his weekly periods of rest, official holidays and other leave.

Not provided.

Not provided.

BREASTFEEDING

Women’s working time shall be five hours a day as from their sixth month pregnancy and, if breast-feeding, until the end of the sixth month after childbirth. Such working time may be further reduced for health reasons on the basis of a certified medical report.
The working time of women breast-feeding their children shall be reckoned from the day following the end of maternity leave to the end of the sixth month after the birth of the child.

THERE NO OTHER PROVISIONS REGARDING BREASTFEEDING.

It shall be prohibited to employ women in industries and occupations which are hazardous, ardous or harmful to their health or social standing. The occupations prohibited under this paragraph shall be specified by order of the Minister.

There are not specific legal previsions for pregnant workers.
There is a general duty for employers to provide the working environment, conditions, guarantees and precautions provided for in labour legislation and regulations and in contracts and collective agreements.

There is not established a risk assessment for pregnant workers.

Not provided.

Not provided.

Not provided.

Pregnant workers and breastfeeding mothers may be reduced their working hours for health reasons on the basis of a medical certificate.There is not an express right to full leave paid or unpaid in case of sickness.

There is an extension in maternity leave up to 20 days in case of complications during confinement.This leave is unpaid.

Not expressly provided.

Women shall be equal with men in relation to all conditions of employment and employment rights, duties and relationships, without any discrimination. Women shall be equal with men in employment, promotion, wages, training and rehabilitation and social insurance.

Not prohibited.

Not provided.

Not mentioned.

Not provided.