Remarks: The Labour Code applies to the whole territory of Niger. It applies to private and public enterprises but excludes permanent civil servants. §§ 1, 2.
SOURCES
Name of Act
Ordinance No. 96-039 Establishing a Labour Code, dated 29 June 1996
Remarks: The Labour Code applies to the whole territory of Niger. It applies to private and public enterprises but excludes permanent civil servants. §§ 1, 2
Name of Act
Decree No. 67-126/MFP/T of 7 September 1967 to Issue Regulations Pursuant to the Labour Code, dated 7 September 1967 as updated up to Decree No 90-203/PRN/MFP/T of 24 October 1990
Remarks: Remarks: § 343 of the Labour Code of 1996 provides that the rules which existed before still stay in place as long as they are in line with the Labour Code. That means that the provisions of decree No. 67.126 are still applicable as long as they don`t contradict the provisions of the 1996 Labour Code.
Name of Act
Decree on the Management of the Family Allowances Scheme of the National Security Scheme, Decree No. 65-116 , dated 18 August 1965, Official Journal, 1965, as amended up to Decree No. 69-148/MFP/T, dated 19 October 1969 (Journal Officiel, 1969).
Name of Act
Decree No. 2005-316 establishing free medical care for women hospitalized on grounds of caesarian, dated, 11 November 2005 ( Natlex: NER-2005-R-7457)
Name of Act
Interprofessional Collective Agreement, 15 December 1992
MATERNITY LEAVE
Scope
Maternity leave should cover all employed women in the public and private sectors, with the exception of permanent civil servants, according to the Labour Code.
Labour Code §2
Remarks: The Labour Code applies to the whole territory of Niger. It applies to private and public enterprises but excludes permanent civil servants. §§ 1, 2.
Duration
Compulsory leave
Six weeks after confinement.
Labour Code § 103
General total duration
Fourteen consecutive weeks, eight of which to be taken after the confinement.
Labour Code §103
Historical data (year indicates year of data collection)
2009: Fourteen consecutive weeks, eight of which to be taken after the confinement.
2004: Fourteen weeks
1998: Fourteen weeks
1994: Fourteen weeks
Extension
Three weeks, on medical grounds
Labour Code § 103
Leave in case of illness or complications
Every pregnant woman can leave the work any time without breach of contract.
Labour Code § 102
CASH BENEFITS
Maternity leave benefits
Scope
Women covered by the Labour Code
Decree on the Management of the Family Allowances Scheme of the National Security Scheme §§ 5, 8, 9, 48, 49
Qualifying conditions
Women covered by the Labour Code who have at least six consecutive months of work with one or more employers, and at least 18 days or 120 hours of work per month and a monthly income of at least the minimum inter-occupational guaranteed wage.
Decree on the Management of the Family Allowances Scheme of the National Security Scheme §§ 5, 8, 9, 48, 49
Amount
For the period of maternity leave (14 weeks) and eventually three-week extension on medical grounds, 50% of wages plus birth charges, and eventually medical care. Besides that, the woman has the right to request the balance of the payment in kind eventually due by the employer.
During the period of suspension of the contract determined in Title 3 of the Labour Code, the woman who has worked for at least 2 years at the same company shall receive from the employer the totality of her salary, being deducted from it the amount already given by the social security or any other fund replacing this service
Labour Code § 104 Decree on the Management of the Family Allowances Scheme of the National Security Scheme §§ 48, 50 Interprofessional Collective Agreement, 15 December 1992 §25, B)
Historical data (year indicates year of data collection)
2009: For the period of maternity leave (14 weeks) and three-week extension on medical grounds.
100% of wages.
2004: Fifty percent
1998: Fifty percent
1994: Fifty percent
Financing of benefits
Social security (50% of the wage). If the employee receives any payment in kind from the employer, this payment should continue - in the charge of the employer - from the start untill the end of the maternity leave.
During the period of suspension of the contract determined in Title 3 of the Labour Code, the woman who has worked for at least 2 years at the same company shall receive from the employer the totality of her salary, being deducted from it the amount already given by the social security or any other fund replacing this service.
Labour Code § 104 Decree on the Management of the Family Allowances Scheme of the National Security Scheme § 48 Interprofessional Collective Agreement, 15 December 1992 §25, B)
Historical data (year indicates year of data collection)
2009: Social security (50%) and employer (50%).
2004: Social security
1998: Social security
1994: Social security
MEDICAL BENEFITS
Pre-natal, childbirth and post-natal care
Women workers hospitalized on grounds of caesarian are entitled to free medical care.
Decree Establishing Free Medical Care for Women Hospitalized on Grounds of Caesarian §§ 1, 2 Labour Code §104
Financing of benefits
The Social Security service will take in charge the payment of eventual need of medical care for the pregnant worker.
Decree Establishing Free Medical Care for Women Hospitalized on Grounds of Caesarian § 3 Labour Code §104
BREASTFEEDING
Right to nursing breaks or daily reduction of hours of work
One hour per day during the year following the child’s birth.
Labour Code § 105 Decree to Issue Regulations Pursuant to the Labour Code § 121
Nursing facilities
The Labour Inspector may require that a nursing room be provided in or near establishments employing more than 25 women
Decree to Issue Regulations Pursuant to the Labour Code § 121
HEALTH PROTECTION
Dangerous or unhealthy work
General
The employment of pregnant women in work which exceeds their strength or which represents a particular danger to their pregnancy is prohibited.
Decree to Issue Regulations Pursuant to the Labour Code § 120 Labour Code § 101
Particular risks
» Arduous work (manual lifting, carrying, pushing or pulling of loads)
The employer cannot require a woman to do any work whatsoever which may put in risk her capacity of reproduction, or in the case of pregnant women, a work that may affect her health or the child’s health.
Pregnant women and women within three weeks of returning to work after birth may not carry, push or pull any load whatsoever.
Labour Code §101 Decree to Issue Regulations Pursuant to the Labour Code §123
» Work involving exposure to biological, chemical or physical agents
Women are not allowed to work in certain sites where there is risk regarding biological, chemical or physical agents. These sites are those determined in Table A of the below mentioned Decree.
Decree to Issue Regulations Pursuant to the Labour Code §115
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Guaranteed right to return to work
An employer may not dismiss a woman worker during maternity leave or during any extension (up to three weeks) due to certified illness resulting from her pregnancy or confinement.
Labour Code § 103
Guaranteed right to return to work
A woman may leave her work during her pregnancy and the one-year nursing period without notice and without having to pay compensation for breach of contract.
Labour Code §§ 102, 103
Results generated on: 20th April 2024 at 01:49:45.
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