Remarks: The Labour Code is expressed as coordinating the general work relations of all government employees, workers and contractors, including local and foreigners with their respective organisations. These employees include the following: 1. Ministries and governmental organisation workers and employees, independent commissions and national and international non-governmental organisations; 2. Administrative employees of elected organisations (the National Assembly, the Provincial, District and Village Councils) and the military organisations, police and national security. It also covers foreign workers and persons working in diplomatic missions of Afghanistan abroad (Labour Code 2007 §§3,5,6,7).
MATERNITY LEAVE
The Labour Code 2007 establishes an entitlement to maternity leave.
Labour Code 2007 §54
Scope
The maternity leave entitlement is expressed as applying to all female employees. Employee is defined to mean ’government employees, workers and the contractors’.
Labour Code 2007 §§3, 54
Remarks: Further specifications about the application of the Labour Code are contained in §§5, 6 and 7.
Qualifying conditions
No qualifying conditions identified.
Labour Code 2007 §54
Duration
A female employee is entitled to 90 days of paid maternity leave.
Labour Code 2007 §54(1)
General total duration
A female employee is entitled to 90 days of paid maternity leave. Thirty days of the leave is granted before delivery and the rest (60 days) is granted to her after delivery.
Labour Code 2007 §54(1)
Historical data (year indicates year of data collection)
2009: Ninety days (30 days prenatal and 60 days postnatal)
2004: Ninety days
1998: Ninety days
1994: Ninety days
Extension
A female employee will be granted an additional 15 days’ paid leave if she is going to have an abnormal type of delivery or gives birth to a twin or more than a twin.
Labour Code 2007 §54(2)
Remarks: To be entitled to a paid extension of maternity leave, the employee must report to duty within 5 days of the completion of her initial period of maternity leave (§54(3) Labour Code 2007).
Leave in case of illness or complications
A female employee will be granted an additional 15 days’ paid leave if she is going to have an abnormal type of delivery. In case of illness or complications during the pregnancy, sick leave may be taken under §§52 and 53 of the Labour Code.
Labour Code 2007 §§52, 53, 54(2)
RELATED TYPES OF LEAVE
No provision for related types of leave identified.
Labour Code 2007
RIGHT TO PART-TIME WORK
No statutory right to part-time work identified.
Labour Code 2007
CASH BENEFITS
The employee is entitled to payment for the duration of the maternity leave period.
Labour Code 2007 §54
Maternity leave benefits
Scope
The scope of the cash benefits entitlement mirrors the scope of the maternity leave entitlement.
Labour Code 2007 §54
Qualifying conditions
There are no qualifying conditions on payment for the principle period of maternity leave, as provided by §54(1) of the Labour Code 2007 (i.e. 90 days).
However, payment in relation to any extension under §54(2) will only be executed to her on the basis of the valid certificates issued by the relevant hospitals. Further, the employee will not be entitled to salary and other supplementary allowances for the extension period if she fails to report to duty within 5 days of the completion of her principle period of maternity leave.
Labour Code 2007 §54(1), (2), (3)
Duration
The duration of the cash benefits mirrors the duration of the maternity leave entitlement (i.e. 90 days, plus any additional entitlement under §54(2)).
Labour Code 2007 §54(1), (2)
Amount
The employee is entitled to salary and other supplementary allowances of the staff.
Labour Code 2007 §54(1), (2)
Historical data (year indicates year of data collection)
2009: One hundred percent
2004: One hundred percent
1998: One hundred percent
1994: One hundred percent
Financing of benefits
Employer
Labour Code 2007 §54(1)
Historical data (year indicates year of data collection)
2009: Employer
2004: Employer
1998: Employer
1994: Employer
MEDICAL BENEFITS
The entitlement to social protections, including medical benefits, is established under the Labour Code 2007.
Labour Code 2007 Chapter Thirteen
Pre-natal, childbirth and post-natal care
Employees and in some cases their family members can benefit from a number of enumerated social protections, including medical services and aid for child birth.
Medical services or their equivalent shall be provided to the employee and his/her family members according to financial capacity of the institution.
Labour Code 2007 §134(1), (3)
Financing of benefits
Financial assistance for medical services and child birth aid is paid from institution budget. This is funded through the financial participation of the organisation and employees.
Labour Code 2007 §§134(2), 135(1)
BREASTFEEDING
In addition to their rest and food breaks, nursing mothers should be provided with not less than 30 minutes break every 3 hours in order to breast feed their babies in the children’s room at the worksite. These breaks are included in the working time and shall be drawn up and decided by the internal rules and procedures.
Labour Code 2007 §124
Right to nursing breaks or daily reduction of hours of work
Nursing mothers should be provided with not less than 30 minutes break every 3 hours in order to breast feed their babies.
Labour Code 2007 §124
Remuneration of nursing breaks
Nursing breaks are to be included in working time.
Labour Code 2007 §124
Nursing facilities
The organisation is duty bound to establish and equip kindergarderns and nurseries for the children in the worksite.
Labour Code 2007 §126
HEALTH PROTECTION
A range of restrictions are imposed on the employment of women, pregnant women and mothers of infants under the age of 2 years.
Labour Code 2007 Chapter Eleven
Arrangement of working time
Limitations are imposed on the weekly hours of pregnant women and prohibitions are imposed on overtime by pregnant women and mothers of young infants.
Labour Code 2007 §§31(1), 38(3)
Night work
The management is not authorised to assign women on night duties. Assigning women and breast-feeding mothers based on their agreements in hospitals, health clinics and for duties that would require physical hard work under a proper schedule is exempted.
Labour Code 2007 §121
Overtime
Overtime is not permited for pregnant women or women with children of less than 2 years of age.
Labour Code 2007 §§38(3), 122
Work on rest days
Pregnant women and women with children of less than 2 years of age cannot be assigned to work during public holidays.
Labour Code 2007 §122
Time off for medical examinations
No relevant provisions identified.
Other work arrangements
The weekly working hours for pregnant women cannot be more than 35 hours per week.
Labour Code 2007 §31(1)
Dangerous or unhealthy work
It is not permissible for women to be engaged in types of work that are physically arduous, or harmful to health or carried out in underground sites.
Further, during the period of pregnancy and on the basis of a doctor’s certificate, women will be assigned to lighter work, while receiving the wage applicable to their main jobs.
Labour Code 2007 §§120, 123
Risk assessment
No relevant provisions identified.
Particular risks
A list of physically arduous or harmful jobs is to be prepared and approved by MoPH, MoLSAMD and the respective organisations.
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Anti-discrimination measures
It is forbidden to refuse to employ women or to reduce their wages because of pregnancy or nursing (feeding) their children.
Labour Code 2007 §125
Prohibition of pregnancy testing
No express statutory prohibition identified.
Labour Code 2007
Protection from discriminatory dismissal
No express statutory prohibition on discriminatory dismissal identified. However, the Labour Code indirectly protects pregnant women or new mothers from discriminatory dismissal by limiting the employer’s right to terminate the emplyment contract to 11 ’essential instances’. Further, it imposes on organisations an overarching responsibility to ensure labour security.
Labour Code 2007 §§23, 91
Remarks: See also §125 of the Labour Code, which forbids employers from refusing to employ women or reducing their wages because of pregnancy or nursing (feeding) their children.
Burden of proof
No relevant provisions identified.
Guaranteed right to return to work
No express guarantee identified. However, it is forbidden to refuse to employ women or to reduce their wages because of pregnancy or nursing (feeding) their children.
Labour Code 2007 §125
Results generated on: 16th April 2024 at 23:53:45.
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