Job Protection
No Harmful Work
A pregnant woman may not be involved in any assignment that is detrimental to her health or that is outside the place (town) of her residence till the end of four months after childbirth.
Moreover, the law also requires that:
- pregnant woman worker should not be assigned overtime or night work (10:00 p.m. to 07:00 a.m.) without her consent.
- The overtime provision also applies to the mother of a child under eight months old.
If these rules are violated, the affected worker can submit a written complaint to the Labour Commission.
It is generally the employer's duty to ensure that every worker works under satisfactory, safe, and healthy conditions.
Sources: § 55-56 & 118 of the Labour Act 2003 (Act 651)
Protection from Dismissals
It is illegal for an employer to dismiss a female worker due to her pregnancy. The dismissal is considered unfair if a worker's employment is terminated due to her pregnancy or her absence from work during maternity leave.
Sources: § 57(8) & 63(2)(e) of the Labour Act 2003 (Act 651)
Right to Return to Same Position
There is no provision in the Labour Act regarding the right of a female worker to return to the same position after her maternity leave. However, it can be implied from the dismissal protection provision that a worker has the right to return to her position after her maternity leave.
