Job Protection
No Harmful Work
The Labour Act prohibits an employer from requiring an employee who is pregnant or is nursing a child to perform work which is hazardous to her health or to the health of her child. Furthermore, an 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 for 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 grounds of sex, pregnancy and childbirth is prohibited under the law. Moreover, an employer cannot terminate the 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, the 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, upon returning from 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
Related Items
Labour Laws South Sudan: Maternity at WorkNo Harmful Work
The Labour Act prohibits an employer from requiring an employee who is pregnant or is nursing a child to perform work which is hazardous to her health or to the health of her child. Furthermore, an 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 for 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 grounds of sex, pregnancy and childbirth is prohibited under the law. Moreover, an employer cannot terminate the 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, the 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, upon returning from 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
