Wednesday, March 11, 2020

Proclamation No. 1156-2019 LABOUR PROCLAMATION --PART SIX WORKING CONDITIONS OF WOMEN AND YOUNG WORKERS


PART SIX WORKING CONDITIONS OF WOMEN AND YOUNG WORKERS

CHAPTER ONE WORKING CONDITIONS OF WOMEN

87. General
1/ Women shall not be discriminated against in all respects on the basis of their sex.
2/ Without prejudice to the generality of Sub-
Article (1) of this Article, priority shall be given to women if they get equal result with men when competing for employment, promotion or any other benefit.
3/ It is prohibited to assign women on works that may be listed by the Ministry to be particularly dangerous to women or hazardous to their health.
4/ No pregnant woman shall be assigned to night work between 10 p.m. and 6 a.m. or be assigned on overtime work.
5/ She shall be transferred to another place of work if her job is hazardous to her health or to the fetus as ascertained by a physician.
6/ An employer shall not terminate the contract of employment of women during her pregnancy and until four months after her confinement.
7/ Notwithstanding the provisions of Sub-
Article (6) of this Article, contract of employment may be terminated for reasons stipulated under Article 27 (b-k) and Article 29 (3) but not related pregnancy and delivery.
88. Maternity Leave
1/An employer shall grant leave to a pregnant worker with pay, for medical examination connected with her pregnancy, provided, however, that she m a y b e r e q u i r e d to present a medical certificate of her examination.
2/A pregnant worker shall, upon the recommendation of a physician, be entitled to a leave with pay.
3/ A pregnant worker shall be granted a period of
30 consecutive days of leave with pay of pre-natal leave and a period of 90 consecutive days of leave post- natal.
4/Where a pregnant worker does not deliver within the 30 working days of her pre-natal leave, she is entitled to an additional leave until her confinement in accordance with Sub-Article (2) of this Article. However, if birth takes place before the expiry of the pre-natal leave, the 90 working days of postnatal leave shall commence.
5/ on any pregnant worker certified her giving up pregnancy by physician shall not be implemented Article 86 provision of leave with out pay.
CHAPTER TWO
WORKING CONDITIONS OF YOUNG WORKERS
89. General
1/ For the purpose of this Proclamation, “young worker” means a natural person who has attained the age of 15 but is below the age of
18 years.
2/ It is prohibited to employ a person less than
15 years of age.
3/It is prohibited to assign young workers on work, which on account of its nature or due to the condition in which it is carried out endangers their lives or health.
4/ The Ministry may prescribe the list of activities prohibited for young workers which shall include in particular:
a)Work in the transport of passengers and goods by road, railway, air and internal water ways, dock sides and ware houses involving heavy weight lifting, pulling or pushing or any other related type of labour;
b)Work connected with electric power generation plants, transformers or transmission lines;
c)Underground work such as mines and quarries;
d)Work in sewers and tunnel excavation.
5/The provision of Sub-Article (4) of this
Article shall not apply to work performed by young workers in fulfillment of course requirements in vocational schools that are approved and inspected by the Competent Authority.
90. Limits of Hours of Work
Normal hours of work for young workers shall not exceeds seven hours a day.
91. Night and Overtime Work
It is prohibited to assign young workers on: 1/ Night work between 10 p.m. and 6 a.m.;
2/ Over time work;
3/ Work done on weekly rest days; or
4/ Work done on Public Holidays.

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