National Guidelines in South Africa - Work and Family

Code of Good Practice on the Protection of Employees During Pregnancy and After the Birth of a Child

Codes are issued by the Minister of Labour as required by paragraph 87(1)(b) of the Basic Conditions of Employment Act 1997. They are designed to provide guidance and information and are not strictly legally binding, although ss. 87(3) of the Act requires them to be taken into account by any person interpreting or applying the Act. The entire Code is of interest to female workers, and its contents are summarised in s. 3:

"This code:

3.1 sets out the legal requirements relevant to the protection of the health and safety of pregnant and breast-feeding employees;

3.2 sets out a method for assessing and controlling the risks to the health and safety of pregnant and breast-feeding employees;

3.3 lists the principal physical, ergonomic, chemical and biological hazards to the health and safety of pregnant and breast-feeding employees and recommends steps to prevent or control these risks. These are listed in Schedules One to Four, which are included for guidance and are not exhaustive."