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Bangladesh - Maternity protection - 2011


LAST UPDATE

4 March 2011

Data quantity

NORMAL

SOURCES

An official English text of the Labour Act 2006 had not been published as at the date of this update. The following information relies on two unofficial English translations. To the fullest extent possible, these have been confirmed as identical.

Other source used

A Handbook on the Bangladesh Labour Act 2006, Bangladesh Employers’ Federation August 2009
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Other source used

Labour Act 2006 (XLII of 2006) [Unofficial English Translation]
Unofficial English Version of the Bangladesh Labour Act 2006 (XLII of 2006) in Dhar N and Ahmed N, Dhar on Labour and Industrial Laws of Bangladesh, ReMiSi Publishers, Dhaka, 2007
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MATERNITY LEAVE

The Labour Act 2006 entitles pregnant women to absent herself from work during the 8 weeks leading up to the expected date of delivery and prohibits women from working for a period of 8 weeks following the day of delivery.
Labour Act 2006 - Unofficial English Translation by BEF §§45, 47(3)
Labour Act 2006 - Unofficial English Translation by Dhar §§45, 47(3)

Scope

Subject to the scope of the Labour Act 2006, all pregnant workers are to take maternity leave in accordance with that Act.
Labour Act 2006 - Unofficial English Translation by BEF §§1(4), 45
Labour Act 2006 - Unofficial English Translation by Dhar §§1(4), 45
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Qualifying conditions

A pregnant woman must give oral or written notice of her expected confinement within the 8 weeks preceding the expected date of birth, or give notice of the fact that she has given birth within 7 days of the actual date of birth.
Labour Act 2006 - Unofficial English Translation by BEF §47(1) and (2)
Labour Act 2006 - Unofficial English Translation by Dhar §47(1) and (2)

Duration

A pregnant woman may absent herself from work for up to 8 weeks before the expected day of confinement and is prohibited from working for a period of 8 weeks after the day of delivery.
Labour Act 2006 - Unofficial English Translation by BEF §§45, 47(3)
Labour Act 2006 - Unofficial English Translation by Dhar §§45, 47(3)

Compulsory leave

Employers are prohibited from knowingly employing a woman in his establishment, and women are prohibited from working in any establishment, during the eight weeks immediately following the day of her delivery.
Labour Act 2006 - Unofficial English Translation by BEF §45(1) and (2)
Labour Act 2006 - Unofficial English Translation by Dhar §45(1) and (2)

General total duration

Maternity leave may commence at any time within 8 weeks of the expected day of delivery and must continue for a period of 8 weeks following the day of delivery.
Labour Act 2006 - Unofficial English Translation by BEF §§45, 47(3)
Labour Act 2006 - Unofficial English Translation by Dhar §§45, 47(3)
Historical data (year indicates year of data collection)
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

There is no provision made in the Labour Act 2006 for the extension of maternity leave.

Leave in case of illness or complications

No entitlement to leave in the case of illness or complications arising during the pregnancy identified.

RELATED TYPES OF LEAVE

The Labour Act 2006 does not establish entitlements to parental, paternity or adoption leave.

RIGHT TO PART-TIME WORK

The Labour Act 2006 does not establish an entitlement for new parents to work on a part-time basis.

CASH BENEFITS

The Labour Act 2006 provides woman whose work is covered by the Act with an entitlement to up to 16 weeks’ maternity leave pay at their average daily, weekly or monthly wage.
Labour Act 2006 - Unofficial English Translation by BEF Chapter IV
Labour Act 2006 - Unofficial English Translation by Dhar Chapter IV

Maternity leave benefits

The Labour Act 2006 provides for up to 16 weeks of employer-funded maternity benefit.
Labour Act 2006 - Unofficial English Translation by BEF §46
Labour Act 2006 - Unofficial English Translation by Dhar §46

Scope

Subject to the limitations on the application of the Labour Act 2006, the maternity benefit applies to "every woman employed in an establishment".
Labour Act 2006 - Unofficial English Translation by BEF §46(1) and (2)
Labour Act 2006 - Unofficial English Translation by Dhar §46(1) and (2)
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Qualifying conditions

The worker must have worked under the employer for a period of not less than six months immediately preceding the day of her delivery.

The employer is not obliged to pay the maternity benefit until the worker has produced a certificate signed by a registered medical practitioner as to her expected confinement or another form of proof that she has given birth to a child. The proof required shall be either a birth certificate, medical certificate or other proof as may be accepted by the employer.

Further, the maternity benefit shall not be payable to any woman if at the time of her confinement she has two or more surviving children (although she will stil be entitled to the relevant period of leave).
Labour Act 2006 - Unofficial English Translation by BEF §§46(1) and (2), 47(4), 47(5)
Labour Act 2006 - Unofficial English Translation by Dhar §§46(1) and (2), 47(4), 47(5)

Duration

The maternity benefit is payable in respect of the period of leave taken by the worker during the 8 weeks preceding the expected day of delivery and 8 weeks immediately following the day of delivery.
Labour Act 2006 - Unofficial English Translation by BEF §46(1)
Labour Act 2006 - Unofficial English Translation by Dhar §46(1)

Amount

The average daily, weekly or monthly wages received by the worker during the three months immediately preceding the date on which she gives notice under §47 of the Labour Act 2003.
Labour Act 2006 - Unofficial English Translation by BEF §48
Labour Act 2006 - Unofficial English Translation by Dhar §48
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

Liability for maternity benefits falls to the employer.
Labour Act 2006 - Unofficial English Translation by BEF §46(1)
Labour Act 2006 - Unofficial English Translation by Dhar §46(1)
Historical data (year indicates year of data collection)
  • 2009: Employer.
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

Parental leave benefits

No provision for parental leave benefits identified.

Paternity leave benefits

No provision for paternity leave benefits identified.

Adoption leave benefits

No provision for adoption leave benefits identified.

MEDICAL BENEFITS

No medical benefit entitlements identified.

BREASTFEEDING

Employers at establishments with forty or more workers must provide and maintain a suitable room or rooms for the use of children under the age of 6 and their mothers. No other breastfeeding-related entitlements identified.
Labour Act 2006 - Unofficial English Translation by BEF §94

Right to nursing breaks or daily reduction of hours of work

No relevant provisions identified.

Nursing facilities

Employers at establishments with forty or more workers must provide and maintain a suitable room or rooms for the use of children under the age of 6 and their mothers. The room shall be be furnished with at least one chair or equivalent seating accommodation for the use of each mother while she is feeding or attending to her child.
Labour Act 2006 - Unofficial English Translation by BEF §94

HEALTH PROTECTION

There is a prohibition on employing women in unsafe or unhealthy work for a period preceding and following the day of delivery. Employers are also required to provide facilities for new mothers and small children.
Labour Act 2006 - Unofficial English Translation by BEF §§45(3), 94

Arrangement of working time

There is a general restriction on women performing nigth work. No other relevant provisions identified.

Night work

No women (whether pregnant, a new mother or otherwise) shall, without her consent, be allowed to work in an establishment between the hours of 10pm and 6am.
Labour Act 2006 - Unofficial English Translation by Dhar §109

Time off for medical examinations

No relevant provisions identified.

Dangerous or unhealthy work

Employers are prohibited from employing any woman for doing work which is of an arduous nature or which involves long hours of standing or which is likely to adversely affect her health if:
(a) he has reason to believe or if she has informed him that she is likely to be delivered of a child within ten weeks;
(b) she has to the knowledge of the employer been delivered of a child within the preceding ten weeks.

An exception applies to tea plantation workers, who may perform light duties if certified fit to do so by the tea estate’s medical practitioner. The performance of such work will not affect the worker’s maternity benefits entitlement.
Labour Act 2006 - Unofficial English Translation by BEF §45(3)
Labour Act 2006 - Unofficial English Translation by Dhar §45(3)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY

The Labour Act preserves a woman’s right to maternity benefits where her employment is terminated within a period of 6 months before her delivery, or 8 weeks after her delivery, and the termination is without sufficient cause. No other relevant provisions identified.
Labour Act 2006 - Unofficial English Translation by BEF §50
Labour Act 2006 - Unofficial English Translation by Dhar §50


Brazil - Maternity protection - 2011


LAST UPDATE

18 February 2011.
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SOURCES


Name of Act

Constitution of the Federative Republic of Brazil,
1988, (Constituição da Republica Federativa do Brasil de 1988), Diário Oficial da União (DOU); as amended up to constitutional amendment No. 55 of 20 September 2007.

Name of Act

Codification of Labour Legislation,
(Consolidação das Leis do Trabalho), Decreto-Lei N° 5452 de 1 de Maio de 1943, Diário Oficial da União, as amended by Act No 11925 of 17 April 2009.

Name of Act

Organic Act No. 8.212 on Social Security,
of 24 July 1991 (Lei Orgânica n. 8.212 da Segurança Social), as amended up to Act n. 11.941, 27 May 2009.

Name of Act

Act No.11.770 on maternity leave,
of 9 September 2008 (Lei n°11.770 Prorroga licença maternidade).

Name of Act

Decree No. 3.048/1999,
of 6 May 1999 (Decreto 3.048/1999 of 6 May 1999 regulamento da previdência social; beneficios; salário-maternidade), as amended up to Decree nº 6.727, 12 January 2009. Updated in October 2010.

Name of Act

Act N. 12.010, 03 August 2009, on Adoption (Dispôe sobre adoção; altera as leis Nºs. 8.069, de 13 de julho de 1990 - Estatuto da Criança e do Adolescente, 8.560, de 29 de Dezembro de 1992; revoga dispositivos da Lei nº 10.406, de 10 de janeiro de 2002 - Código Civil, e da Consolidação das Leis do Trabalho - CLT, aprovada pelo Decreto-Lei nº 5.452, de 1º de maio de 1943; e dá outras providências

MATERNITY LEAVE


Scope

All women.
Constitution of the Federative Republic of Brazil §6, 7 (XVIII)
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Duration


General total duration

120 days or 180 days (it is optional for private companies to grant the additional 60 days).
Codification of Labour Legislation §392, 395
Decree No. 3.048/1999 §96
Act No.11.770 on maternity leave §1
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Historical data (year indicates year of data collection)
  • 2009: 120 days or 180 days (it is optional for private companies to grant the additional 60 days).
  • 2004: One hundred and twenty days
  • 1998: One hundred and twenty days
  • 1994: One hundred and twenty days

Leave in case of illness or complications

Maternity leave may be extended on medical grounds arising out of pregnancy and confinement by a maximum of 4 weeks (two weeks before and 2 weeks after the birth).
Codification of Labour Legislation §392 (2)

RELATED TYPES OF LEAVE


Paternity leave


Scope

All fathers.
Constitution of the Federative Republic of Brazil §7(XIX), Temporary constitutional provisions Act §10 [(II-b-1), part of the Constitution]

Length

5 days
Constitution of the Federative Republic of Brazil Temporary constitutional provisions Act §10 [(II-b-1), part of the Constitution]

Adoption leave


Scope

Female adopters.
Codification of Labour Legislation §392A

Length

120 days. Act n. 12.010, art. 8 abrogates §s 1, 2 and 3 of art. 392A, of Codification of Labour Legislation. Therefore, from now on women who adopt or obtain custody of a child in order to adopt will be concedeed the same maternity leave as that stated in art. 392.
Codification of Labour Legislation Art. 392A
Act N. 12.010, 03 August 2009, on Adoption Art. 8

CASH BENEFITS


Maternity leave benefits


Scope

All female workers are entitled to maternity benefits who are employed in the private sector including domestic servants, some categories of casual workers, elected civil servants and the self-employed. Entitled on the basis of voluntary coverage are: students, housewives and other categories.
The public sector and military personnel are covered by specific systems.
Organic Act No. 8.212 on Social Security §4

Qualifying conditions

All insured employed women are entitled to maternity benefit regardless of their social insurance contribution period. To be eligible, self-employed and voluntarily covered women must have at least 10 months of insurable employment. If the birth takes place before the expected date, the period of insurable employment requirement, shall be reduced accordingly.
Decree No. 3.048/1999 §29(III), 30(2)

Duration

Maternity benefit is payable for a total of 120 days, from 28 days before until 91 days after the expected date of childbirth. Additionally to the 120 days, 60 days of maternity leave are foreseen since 2008, which are optional for private companies.
Codification of Labour Legislation §393
Decree No. 3.048/1999 §93(1)(3)(4)(5)
Act No.11.770 on maternity leave §1
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Amount

100 per cent of the monthly wage.
Decree No. 3.048/1999 §100,101
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Historical data (year indicates year of data collection)
  • 2009: 100 per cent of the monthly wage.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The maternity allowance is paid directly by the employer who is reimbursed by the Social Security Institute.
The additional 60 days which companies may provide are paid by the employer, who can deduct the costs from its taxes.
Codification of Labour Legislation §393
Organic Act No. 8.212 on Social Security §10,11
Decree No. 3.048/1999 §195

Act No.11.770 on maternity leave
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Historical data (year indicates year of data collection)
  • 2009: The maternity allowance is paid directly by the employer who is reimbursed by the Social Security Institute. The additional 60 days which companies may provide are paid by the employer, who can deduct the costs from its taxes.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Paternity leave benefits


Duration

5 days (starting the first working day after childbirth).
Constitution of the Federative Republic of Brazil Temporary constitutional provisions Act §10 [(II-b-1), part of the Constitution]

Amount

100 per cent
Constitution of the Federative Republic of Brazil Temporary constitutional provisions Act §10 [(II-b-1), part of the Constitution]

Financing of benefits

Employer.

Adoption leave benefits


Scope

All insured employed women.
Decree No. 3.048/1999 §29(III), 30(2); 93-A,1,3.

Qualifying conditions

All insured employed women including domestic workers are entitled to adoption benefit regardless of their Social insurance contribution period. To be eligible, self-employed and voluntarily covered women must have at least 10 months of insurable employment. In addition, the female employee must provide the Social Security competent body (INSS) with a new birth certificate stating the name of the adoptive parents.
Decree No. 3.048/1999 §29(III), 30(2); 93-A,1,3.

Duration

Same duration as the adoption leave.
In case of multiple adoption the adoption benefit is due only for the youngest child. The adoptive mother is entitled to adopting benefits even if the biological mother benefited maternity leave.
Decree No. 3.048/1999 §93(A,1, 4), 94,100,101
Codification of Labour Legislation §392, 393

Amount

100 per cent of the monthly wage.
Decree No. 3.048/1999 §100,101
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Financing of benefits

The allowance is paid directly by the employer who is reimbursed by the Social Security Institute.
Codification of Labour Legislation §393
Organic Act No. 8.212 on Social Security §10, 11
Decree No. 3.048/1999 §195
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BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Nursing mothers are entitled to breastfeeding breaks, divided into two 30-minutes breaks until the child is 6 months of age or after this age limit if justified on medical grounds.
Codification of Labour Legislation §396

Nursing facilities

Employers employing more than 30 women above the age of 16 years are requested to install a day-nursery with nursing facilities satisfying hygiene and other listed conditions. If there is no day-nursery inside the enterprise, the employer shall reimburse to the nursing employees the expenditure due to day-nursery outside the workplace in accordance with a collective agreement.
Codification of Labour Legislation §389 (1)

HEALTH PROTECTION


Arrangement of working time


Time off for medical examinations

During pregnancy, a woman may be excused from work or may leave her work to take at least 6 medical consultations and all relevant supplementary medical examinations.
Codification of Labour Legislation §392(4, II)

Other work arrangements

The woman has the right to be transferred to another function, when her health conditions demand it, having the right to return to her old function once she begins working again.
Codification of Labour Legislation §392(4)I)

Dangerous or unhealthy work


Risk assessment


» Transfer to another post

If the performing of her job could pose a risk to her health, a pregnant worker shall be transferred to a suitable alternative job and to be reinstated in her regular job as soon as medically practicable.
Codification of Labour Legislation §392(4, I)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Discrimination is prohibited on the basis of pregnancy. This prohibition applies to recruitment, allocation of duties, wage, training, promotion and termination of employment.
Codification of Labour Legislation §373-A

Prohibition of pregnancy testing

A female worker, job applicant or employee, may in no circumstances be required to produce pregnancy tests or examinations.
Codification of Labour Legislation §373-A(IV)

Protection from discriminatory dismissal

Dismissal of female employees is prohibited from the date the pregnancy is confirmed to five months after delivery.
Temporary constitutional provisions Act; § 10 (2-b)
Codification of Labour Legislation §391

Guaranteed right to return to work

The employee has the right to 120 days of maternity leave, being assured the payment of the salary during this period and the right to return to work after it.
Codification of Labour Legislation §392

Results generated on: 22nd February 2024 at 19:10:52.

 
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