Job Protection

No Harmful Work

The provisions on the protection of health and safety of pregnant workers come from the Labour Code.

Pregnant workers cannot be required to do night work for a period of at least three months before the expected date of confinement and at least three months after childbirth. Alternative work schedules must be made available to them. An employer cannot require a pregnant worker or a nursing mother (within six months of her return to work on completion of maternity leave) to work overtime.

No other provisions on the prohibition of dangerous or hazardous work for pregnant women were identified from within the law.

Source: §119 (5) & 130 of the Labour Code, 1992

Protection from Dismissals

The provisions on the protection from discriminatory dismissal come from the Labour Code, which who prohibits the employer from dismissing the employee during the period in which she is availing maternity leave. Dismissal during maternity leave and its extension is considered unfair dismissal.

Source: §136 of the Labour Code, 1992

Right to Return to Same Position

No provisions on the guaranteed right to return to the same position for workers returning from maternity leave could be identified within the law. However, since the law protects workers from dismissal during maternity leave and pregnancy, right to return is implicitly provided under the law.