Summary / Citation: The Albanian Labour Code stipulates in an entire section the general provisions on the prohibition of work for pregnant and breastfeeding women.
The employer shall assess the specific risk to agents, processes or working conditions, based on the degree and duration of exposure, in the undertaking and/or establishment where the pregnant employees, employees who are breastfeeding or the employees who have recently given birth, in performing their work activities.
In cases where the employer terminates the contract, when the woman is working while being pregnant, or back at work after the child delivery, according to Article 105 of this Code, the employer is responsible for certifying that the dismissal reason was not directly related to the pregnancy or child delivery.
The employer may not order the performance of night work for pregnant women and women who had recently given birth, until the child reaches the age of 1 year, if it is detrimental to the safety and health of the woman and/or child as certified by a medical report.
If the employee is pregnant, the employer must ensure that she takes a break every 3 hours, for a period of no less than 30 minutes. Performance of overtime work by pregnant women and for women after childbirth, until the child reaches the age of 1 year, shall be prohibited. Pregnant women are forbidden from working in the 35 days that precede the expected date of giving birth to the baby and in the 63 days after giving birth to the baby. The first period becomes 60 days when the woman is expected to give birth to more than one child.
Pregnant or breast-feeding women may not be employed to carry out difficult or hazardous jobs, which jeopardize the health of mother and child.
The employer shall inform the pregnant employee, breastfeeding mother and other employees that might be in these situations in the undertaking and/or establishment concerned, or their representatives, about the dangers and hazards stipulated in the annex of the Council of Ministers decision. These provisions are related to physical dangerous agents, chemical agents, biological agents and so on (non-exhaustive list), as well as the measures to be undertaken regarding health and safety at work, without prejudice to Articles 12 and 32 of Law No. 10237 dated 18.02.2010 “On Safety and Health at Work”. In cases where a woman cannot perform a work due to the danger it poses, the employer should assign her another role and if that is not feasible, give her paid leave.
• Loi n° 136/2015 du 5 décembre 2015 portant modification de la loi modifiée n° 7961 du 12 juillet 1995 portant Code de travail. (- Articles 54, 104-108 )
• Loi n° 10237 du 18 février 2010 sur la sécurité et la santé au travail. (Article 42/3)
Related CEACR Comments
• Maternity Protection Convention, 2000 (No. 183) Observation 2013
• Maternity Protection Convention, 2000 (No. 183) Direct Request 2008
