Chapter 3 Employment of Women
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Chapter 3
Employment of Women
Section 38. An Employer shall be prohibited to require a female Employee to perform any of the following work:
(1) mining or construction work to be performed underground, underwater, in a cave, in a tunnel or mountain shaft, except where the conditions of work are not harmful to health or body of the Employee;
(2) working on a scaffold often metres or more above the ground;
(3) producing or transporting of explosive or inflammable materials, except where the conditions of work are not harmful to health or body of the Employee;
(4) any other work as prescribed in the Ministerial Regulations.
Section 39. An Employer shall be prohibited to require a female Employee who is pregnant to perform any of the following work:
(1) work involving vibrating machinery or engine;
(2) work of driving or going on a vehicle;
(3) work of lifting, carrying on the back, carrying on shoulder, carrying with a pole across shoulder, carrying on a head, pulling or pushing of loads in excess of fifteen kilograms;
(4) work on a boat; or
(5) any other work as prescribed in the Ministerial Regulations.
Section 39/1 An Employer shall be prohibited to require a female employee who is pregnant to work between 10.00 p.m. and 06.00 a.m., to work overtime or to work on holidays.
Where the female employee who is pregnant works in an executive position, academic work, clerical work or work relating to finance or accounting, the Employer may require the employee to work overtime in the working days as long as there is no effect on the health of pregnant employee and with prior consent of the pregnant employee on each occasion.
Section 40. Whereas an Employer require a female Employee to work between 24.00hours and 6.00 hours and the Labour Inspector is of the opinion that the work may be hazardous to her health and safety, the Labour Inspector shall report it to the Director - General or a person entrusted by the Director-General for consideration, and shall order the Employer to change or reduce the female Employee’s working hours, as inspector deems appropriate, and the Employer shall comply with such order.
Section 41.Section 41 A female Employee who is pregnant shall be entitled to maternity leave of not more than ninety eight days for each pregnancy.
Maternity leave under this Section shall be defined to include leave for medical examinations relating to her pregnancy.
Any Leave taken under paragraph one shall include Holidays during the period of Leave.
Section 42. Whereas a female Employee who is pregnant presents a certificate from a first class physician certifying that she is unable to continue in her previous duties, the Employee shall be entitled to request the Employer to temporarily change her duties before or after delivery, and the Employer shall consider changing her duties to suitable work for such an Employee.
Section 43. An Employer shall not terminate the employment of a female Employee on the grounds of her pregnancy.
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