Job Protection

No Harmful Work

The Labour Act prohibits an employer from requiring an employee who is pregnant or is nursing a child from performing work which is hazardous to her health or to the health of her child. Furthermore, employer may not allow a pregnant employee to perform night work eight weeks prior to childbirth. An employee who has recently given birth also cannot perform night work eight weeks following childbirth. It may also be for any other period as specified in the medical certificate issued by a hospital or a clinic.  

Sources: §64 of the Labour Act, 2017

Protection from Dismissals

Dismissal on the ground of sex, pregnancy and childbirth is prohibited under the law. Moreover, an employer cannot terminate employment contract of a worker who is absent for reasons acceptable under the law. Since maternity leave is provided under the law, pregnancy and maternity are acceptable reasons for absence. Thus, employment of a worker during maternity leave is secure.

Sources: §6 and 73(2) of the Labour Act, 2017

Right to Return to Same Position

An employee, after her maternity leave, has the right to return to the position she held immediately before the maternity leave.  

Sources: §64(6) of the Labour Act, 2017

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