Job Protection

No Harmful Work

It is obligatory for an employer to provide special protection to women during pregnancy from harmful work.

Source: §31(5c) of the Employment Equity and Equality Act No. 22 of 2015

Protection from Dismissals

A women worker cannot be dismissed during the period of her pregnancy. Similarly, she cannot be penalized or put to a disadvantage for reasons connected with her pregnancy and maternity leave.

An employer is considered guilty of an offense if he/she terminates the contract of service or imposes any other penalty or disadvantage on a female employee within six months after delivery.

Source: §7(4) of the Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012); §7(4) of the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012); §15(B) of the Employment Act, 1965; §31(5b) of the Employment Equity and Equality Act No. 22 of 2015

Right to Return to Same Position

Right to return is not explicitly provided under the law however since an employee cannot be fired during her pregnancy or penalized for it, it is fair to assume that a worker can return to her job after availing her maternity leave.

Source: §7(4) of the Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012); §7(4) of the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012); § 15(B) of the Employment Act, 1965

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