Remarks: Article 2 of the Labour Act excludes from its scope the following activities: public servants, or workers performing their professional activity in the Central Public Administration, or in a public institution or in any other State body; every worker with a permanent link serving diplomatic or consular representations of other countries or international organisations; cooperative associates or non-governmental organisations, being those regulated by specific statutes, or in the lack of such, being regulated by the commercial act; family work; casual work; the activity of those interveneing in comercial operations, if they are personally obliged to answer for the result of such operations, having assumed the respective risk; consultants and members of organs of the administration or direction of social organisations or companies, since their activity is inherently linked to those positions and without any subordination link through an employment contract.
SOURCES
Name of Act
General Labour Act, Act 2/00, of 11 February 1999 (Lei Geral do Trabalho de 11 de Fevereiro de 1999)
All pregnant workers are entitled to the rights established in the maternity protection section of the Labour Code.
General Labour Act §272(1)
Remarks: Article 2 of the Labour Act excludes from its scope the following activities: public servants, or workers performing their professional activity in the Central Public Administration, or in a public institution or in any other State body; every worker with a permanent link serving diplomatic or consular representations of other countries or international organisations; cooperative associates or non-governmental organisations, being those regulated by specific statutes, or in the lack of such, being regulated by the commercial act; family work; casual work; the activity of those interveneing in comercial operations, if they are personally obliged to answer for the result of such operations, having assumed the respective risk; consultants and members of organs of the administration or direction of social organisations or companies, since their activity is inherently linked to those positions and without any subordination link through an employment contract.
Duration
Compulsory leave
Maternity leave can be taken from 4 weeks before the birth, having the following 8 weeks to be taken after the birth.
Presidential Decree n. 8/11 on Maternity Protection §5(2)
General total duration
The female worker has the right to 3 months (12 weeks) of maternity leave.
General Labour Act §273(1) Presidential Decree n. 8/11 on Maternity Protection §5(1)
Historical data (year indicates year of data collection)
2009: 12 weeks.
2004: Three months
1998: Ninety days
1994: Ninety days
Extension
The female worker has the right of an extension of 4 weeks in case of multiple birth.
If the birth takes place after the fixed date for the beggining of the maternity leave, this should be extended for the necessary period so the worker will be able to enjoy at least 9 weeks of leave after the birth.
Decree 52/05, 8 August 2005 on Maternity Protection §2(3)(4) Presidential Decree n. 8/11 on Maternity Protection §5(3), 7(1)
CASH BENEFITS
Maternity leave benefits
Scope
All female workers bound to the compulsory social protection system.
Decree 52/05, 8 August 2005 on Maternity Protection §1
Remarks: Although the Labour Code restricts its scope, the decree regulating maternity protection refers to all "female workers".
Duration
The female worker has the right to 3 months (12 weeks) of maternity leave.
Maternity leave benefits are due from the first day of the leave and shall correspond to the entirety of the leave period, in the terms expressed in art. 5 of the present decree.
General Labour Act §273(6) Presidential Decree n. 8/11 on Maternity Protection §5(1), 11
Amount
The total amount of the cash benefits shall be of 100% of the average daily wage effectively registered in the last two months before the beginning of the leave, but the months where the employee worked less than 20 days shall not be considered (in the calculation).
Decree 52/05, 8 August 2005 on Maternity Protection §10(1) General Labour Act §273/6)
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
The employer shall pay the cash benefits in advance to the employee, completing it until it reaches the total amount due if the female worker was in service. In this case the employer acquires the right to reimboursement before the social security system.
The employer shall pay the maternity leave benefits and pre-maternity benefits within 30 days counting from the beggining of the leave.
General Labour Act §273(6) Presidential Decree n. 8/11 on Maternity Protection §10(1)
Historical data (year indicates year of data collection)
2009: Social security and employer.
2004: Social security (if necessary employer tops up)
1998: Employer
1994: Employer
MEDICAL BENEFITS
Pre-natal, childbirth and post-natal care
The worker will have the right to medical benefits before and after the birth, having all services guaranteed by the Ministry of Health and by the cash benefits given by the social security, being that the cash benefits for maternity leave and cash benefits for breastfeeding, all paid at once.
Decree 52/05, 8 August 2005 on Maternity Protection §6
Financing of benefits
The worker will have the right to medical benefits before and after the birth, having all services guaranteed by the Ministry of Health and by the cash benefits given by the social security, being that the cash benefits for maternity leave and cash benefits for breastfeeding, all paid at once.
Decree 52/05, 8 August 2005 on Maternity Protection §6
BREASTFEEDING
After the birth, the female worker has the right to interrupt her work twice a day, in periods of 30 minutes, in order to breastfeed the child, without prejudice to remuneration, whenever the child stays at her workplace or in a childcare place provided by the employer.
The worker conserves this right for the period of 12 months.
Decree 52/05, 8 August 2005 on Maternity Protection §4(1)(3) General Labour Act §272(1)e)
Remuneration of nursing breaks
After the birth, the female worker has the right to interrupt her work twice a day, in periods of 30 minutes, in order to breastfeed the child, without prejudice to remuneration, whenever the child stays at her workplace or in a childcare place provided by the employer.
The female worker is entitled to the following amounts as payment for breasfeeding: a) Kz. 1500,00 for those secured by the social security, having a salary up to 5 minimum wages; b) Kz. 1000,00 for those secured by the social security, having a salary superior to 5 minimum wages and inferior to 10 minimum wages; c) Kz. 500,00 for those secured by the social security, having a salary superior to 10 minimum wages.
Decree 52/05, 8 August 2005 on Maternity Protection §4(1) Presidential Decree n. 8/11 on Maternity Protection §13
Remarks: The conditions for a female worker to be able to cash benefits for breasfeeding are: a) Have contributed for at least 3 months in the last 12 months to the social security; b) Have the birth certificate of the new-born; c) Have met the vaccination schedule established by the Ministry of Health. 2. The condition of c) shall be proved each year. Presidential Decree 8/11, §12
The breasfeeding benefits shall be paid in three lump-sum payments, each one being equivalent to the period of 12 months, being paid annualy. Presidential Decree, §14(1)
HEALTH PROTECTION
Dangerous or unhealthy work
While pregnant the female worker has the right, without prejudice to remuneration, to not perform any work that could be dangerous to her health, having the employer to assure her an appropriate work.
General Labour Act §272(1)a)
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Protection from discriminatory dismissal
The female workers has the right no to be dismissed, unless she commits disciplinary infraction that would make impossible to maintain the legal-labour relation.
The prohibition of dismissal mentioned above should be extended up to one year after the birth.
General Labour Act §272(1)d), (4)
Guaranteed right to return to work
During the pregnancy and untill 12 months after the birth, the female worker enjoys the special protection regime against individual dismissal for objective reasons and against collective dismissal that art. 233 n. 3 and art. 244 n. 3 establish for veterans of war and for workers with reduced capacity for work.
General Labour Act §278
Results generated on: 19th April 2024 at 22:50:27.
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