Chapter X: Employment of Juveniles and Women

1. Common Rules

Article 160:

Adolescents, juveniles and women may not be employed in hazardous operations or harmful industries, such as power-operated machinery, mines, quarries and the like. The Minister of Labor shall, by decision, designate the occupations and operations tat are regarded as harmful to health, or are apt to expose women, juveniles and adolescents to given hazards requiring tat their employment in such occupations or operations be prohibited or restricted by special conditions, in no case may men and women commingle in the place of work or in the accessory facilities or other appurtenances thereto.

Article 161:

Adolescents, juveniles and women may not be employed during the night time which covers an interval of at least eleven hours between sunset and sunrise, except in the cases to be determined by decision of the Minister of Labor in respect of non-industrial occupations and in cases of force majeure.

Article 162:

Juveniles and adolescents may not be employed for a period exceeding six hours a day, and the exceptions provided for in Articles 150 and 152 of this Law shall not apply to them.

3. Employment of Women

Article 164:

The workwoman shall be entitled to take as maternity leave the four weeks immediately preceding the expected date of delivery and six weeks following that date. The probable date of delivery shall be determined by the physician of the establishment or by a medical certificate approved by the Ministry of Health. No employer may employ any woman during the six weeks immediately following her delivery.

During her absence on maternity leave, the workwoman shall been titled to half pay if she has been in the employer’s service for one year or more, and to full pay if she has been in the employer’s service for three years or more, as of the date of commencement of such leave.

A workwoman shall not be paid any wages during her regular annual vacation to which she is entitled under the provision of these Regulations, if she had availed herself in the same year of a maternity leave with full pay, and she shall be paid half-wages during the annual leave, if she had availed herself in the same year of a maternity leave with half-pay.

Article 165:

When the workwoman returns to work following her maternity leave, she shall be entitled to a period or periods of rest totaling not more than one hour daily for the purpose of feeding her newborn child, in addition to the rest periods granted to all workers.

Article 166:

The expenses of medical examination and the costs of treatment and delivery shall be borne by the employer.

Article 167:

The employer shall not terminate the workwoman while she is on pregnancy and delivery leave.

Article 168:

The employer shall not terminate the workwoman during her illness resulting from work or delivery, provided that such Illness shall be confirmed by an approved medical certificate, and that the period of her absence shall not exceed six months. Nor shall she be terminated, without any of the legitimate causes provided for in this Law, during the six months preceding the expected date of delivery. Where a workwoman is terminated in breach of the provisions of this article, the appropriate Commission shall order her reinstatement

Article 169:

The workwoman shall forfeit her entitlements under the provisions of this Chapter if it is established that she has worked for another employing her authorized leave. In such event, the original employer may deprive her of pay for such leave or recover any wages he had paid to her.

Article 170:

By way of exception, the provisions prohibiting or restricting the employment of adolescents, juveniles and women shall not apply to charitable or official institutions of vocational or professional training character, provided that the bylaws of such institutions shall specify the nature of the trades and crafts involved, the working hours and terms of employment, and the suitability of the work to the workwomen’s physical capabilities, and that the Ministry approves the bylaws in question after consulting the Ministry of Health.

Article 171:

In all places and in all occupations where women are employed, they shall be provided with seats to assure their comfort.

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