Job Protection

No Harmful Work

A pregnant woman may not to 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 child birth. Moreover, the law also requires that a pregnant women worker should not be assigned overtime or night work (10:00 p.m. to 07:00 a.m.) without her own consent. The overtime provision is also applicable to the mother of a child who is less than eight months old. A pregnant worker or new mother (until her child is eight months old) may present a written complaint to the Commission against the employer who contravenes above provisions of the Labour Act.

It is generally the duty of an employer 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. It is consider an unfair dismissal 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 that a female worker has the right to return to same position after availing her maternity leave. However, it can be implied from dismissal protection provision that a worker has the right to return to her position after availing her maternity leave.

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