Job Protection
No Harmful Work
While the 1992 Code prohibited overtime and night work for pregnant workers and nursing mothers, no such provisions on the prohibition of harmful work could be identified in the Labour Act, 2024 (Act No. 3 of 2024).
Protection from Dismissals
The provisions on the protection from discriminatory dismissal come from the Labour Act, which 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.
An employer cannot dismiss or terminate the contract of a female worker while she is on maternity leave or if she remains absent due to a pregnancy-related illness certified by a medical practitioner. Any dismissal during this period is prohibited under the law.
Any distinction, exclusion or preference on the basis of pregnancy is considered unfair discrimination. Dismissal of a worker on the ground of pregnancy is automatically unfair. A worker could be reinstated in her job by the Labour Court or arbitrator if the dismissal is held unfair.
Source: §6, 140, 144 & 194 of the Labour Act, 2024 (Act No. 3 of 2024)
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.
