Remarks: The Labour Law shall not apply to: a) judges of the Judiciary; b) persons appointed to a permanent post in the public service; c) personnel of the Police, the Army, the Military Police, who are governed by a separate statute; d) personnel serving in the air and maritime transportation, who are governed by a special legislation (although these workers are entitled to apply the provisions on freedom of union under the Labour Law); e) domestics or household servants, unless otherwise expressly specified under this law. (Labour Law §1)
MATERNITY LEAVE
Scope
All women employed in every enterprise or establishment of industry, mining, commerce, crafts, agriculture, services, land or water transportation, whether public, semi-public or private, non-religious or religious, as well as women working in handicraft establishments and associations of any kind and self-employed women. Permanent civil servants and domestic or household workers are not covered.
Labour Law §1
Remarks: Specifically the Labour Law excludes from its scope: a) judges of the Judiciary; b) persons appointed to a permanent post in the public service; c) personnel of the Police, the Army, the Military Police, who are governed by a separate statute; d) personnel serving in the air and maritime transportation, who are governed by a special legislation (although these workers are entitled to apply the provisions on freedom of union under the Labour Law); e) domestics or household servants, unless otherwise expressly specified under this law. (Labour Law §1)
Qualifying conditions
No qualifying conditions identified.
Duration
Compulsory leave
No compulsory leave identified.
General total duration
Ninety days
Labour Law §182
Historical data (year indicates year of data collection)
1998: Ninety days
1994: Ninety days
Extension
No provisions providing for an extension of maternity leave identified.
Leave in case of illness or complications
No specific provision for leave in the case of illness or complications arising out of pregnancy or childbirth identified.
RELATED TYPES OF LEAVE
Parental leave
No specific paternity leave entitlement identified. However, the special leave entitlement in §171 may be used.
Labour Law §171
Paternity leave
No specific paternity leave entitlement identified. However, the special leave entitlement in §171 may be used.
Labour Law §171
Scope
There is no specific paternity leave in the Labour Code. However, the law entitles all workers covered by the law to a maximum of ten days special leave for family events directly related to the workers immediate family that may be used by new fathers.
Labour Law §171
Length
10 days (family related leave)
Labour Law §171
Adoption leave
No specific paternity leave entitlement identified. However, the special leave entitlement in §171 may be used.
Labour Law §171
RIGHT TO PART-TIME WORK
General provisions
No entitlement to part time work identified.
CASH BENEFITS
Maternity leave benefits
The Labour Law provides for cash benefits during maternity leave.
Scope
The scope of the entitlement to cash benefits mirrors the scope of the entitlement to maternity leave.
Labour Law §§1, 182, 183
Remarks: The scope of the entitlement to maternity leave mirrors the scope of the Labour Law, as established by §1.
Qualifying conditions
The cash benefits for maternity leave are only payable to women with one year of continuous, uninterrupted service in the enterprise.
Labour Law §183
Duration
The cash benefit is to be paid for the duration of the maternity leave, which is ninety days.
Labour Law §§182, 183
Amount
Women are entitled to half their wage (as defined), including their perquisites (privileges connected with their position), and reserve their rights to other benefits in kind, if any.
Labour Law §183
Historical data (year indicates year of data collection)
2009: Fifty percent of wage, including bonuses.
2004: 50% of wage, including bonuses.
1998: Fifty percent
1994: One hundred percent
Financing of benefits
The cash benefits are to be paid by the employer.
Labour Law §183
Historical data (year indicates year of data collection)
2009: The employer
2004: Employer
1998: Employer
1994: Employer
MEDICAL BENEFITS
Pre-natal, childbirth and post-natal care
No provisions relevant to pregnancy or birth-related medical requirements identified.
BREASTFEEDING
Right to nursing breaks or daily reduction of hours of work
For one year after child birth, a woman is entitled to a one-hour nursing break or two 30-minute nursing breaks a day (one in the morning and one in the afternoon), in agreement with her employer. Breaks for breastfeeding are separate from and shall not be deducted from normal breaks.
Labour Law §184 and §185
Remuneration of nursing breaks
The Labour Law does not make express provision for the remuneration of nursing breaks. However, it does state that breaks for breastfeeding are separate from and shall not be deducted from normal breaks provided for in law, internal regulations of the enterprise, collective agreements or under local custom.
Labour Law §185
Nursing facilities
Managers of enterprises employing a minimum of one hundred women or girls shall set up, within their establishments or nearby, a nursing room and a day-care center. If the company is not able to set up a day-care center on its premises for children over eighteen months of age, female workers can place their children in any day-care center and the charges shall be paid by the employer.
Labour Law §186
Nursing facilities
A Prakas (ministerial order) of the Ministry in charge of Labour shall determine the conditions for setting up a hygienic environment and supervising these nursing rooms and day-care centers.
Labour Law §187
HEALTH PROTECTION
Arrangement of working time
While not specific to working time, women are only expected to perform light work after the maternity leave and during the first 2 months after returning to work.
Labour Law §182
Remarks: Light work is not defined and is typically a reference to the arduousness and not length of work performed. However, it typically also involves a curtailment of the hours of work performed by the worker in question.
Dangerous or unhealthy work
General
Women workers must be assigned to lighter work for a period of two months after they return to work after maternity leave.
Labour Law §182
Risk assessment
» Adaptation of conditions of work
Women workers must be assigned to lighter work for a period of two months after they return to work after maternity leave.
Labour Law §182
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Anti-discrimination measures
Employers are prohibited from discriminating on the basis of sex when making decisions about hiring, defining or assigning work, training, advancement, promotion, remuneration, granting of social benefits, discipline or termination of employment. However, there are no express prohibitions on discriminating on the grounds of pregnancy or maternity.
Labour Law §12
Protection from discriminatory dismissal
The employer is prohibited from laying off women in labour during their maternity leave or at a date when the end of the notice period would fall during the maternity leave.
Labour Law §182
Burden of proof
No relevant provisions identified.
Guaranteed right to return to work
The contract of employment of a woman is suspended during the period she is on maternity leave, however, she still receives half of her wages. Employers are prohibited from laying off women who are on maternity leave.
Labour Law §71(5), 182, 183
Results generated on: 28th March 2024 at 10:31:47.
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