No Harmful Work
In general, there are no provisions within the law which are specifically focusing on the protection of pregnant women during work. However, the law does provide for the protection of women from dangerous and hazardous work. Articles 130 and 131 of the Labour Code used to prohibit night work for women however these were repealed in 2011.
In addition, the Secretary of Labor and Employment can establish standards that ensure the safety and health of women employees. In appropriate cases, he can, by regulations, require any employer to:
- Provide seats proper for women and permit them to use such seats when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency;
- To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women;
- To establish a nursery in a workplace for the benefit of the women employees therein;
- To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like.
Lastly, it is worth mentioning that the law provides no limitation on overtime and work on rest days particular to pregnant, breastfeeding or other women workers and neither does it provide for any time off for medical examinations.
Source: §130 of the Labour Code, as amended
Protection from Dismissals
Under the law, it is unlawful for any employer:
(a) To discharge any woman employed by him for the purpose of preventing such woman from enjoying the maternity leave, facilities and other benefits provided under the Labor Code;
(b) To discharge such woman employee on account of her pregnancy, or while on leave or in confinement due to her pregnancy;
(c) To discharge or refuse the admission of such woman upon returning to her work for fear that she may be pregnant;
Source: §135 of the Labour Code, as amended
Right to Return to Same Position
There is no provision guaranteeing the right to return to work beyond the prohibition on employers discharging a female employee in anticipation of, during or upon her return from maternity leave. Thus, it can be implied only from section 135 of the Labour Code.
