Maternity protection in the Dominica Labor Legislation
Maternity Protection in the labor aspect is an important issue within the scope of Labor Law, since the law protects maternity by granting the right to the pregnant woman,
In ancient times there was no maternity protection for pregnant women in the workplace, therefore, women had no rights, although they did have obligations;
Then, in the 20th century, a special protection for pregnant women was established in the companies or work centers, and with this, the development of Labor Legislation began, because women reached a level of scale in their work with effort and dedication.
Obligations to be fulfilled by pregnant women in the workplace
Pregnant women at work must comply with the following obligations in the workplace:
– Communicate to the employer of her pregnancy with the presentation of a medical certificate stating the presumed date of delivery.
– Justify absence from work with the presentation of a medical certificate.
– Complying with the work schedules for entering and leaving the workplace.
– To comply with the orders and instructions of the employer, in accordance with the stipulations of the contract.
– To personally perform the agreed work, with the intensity, care and efficiency that are compatible with their strength, aptitudes, preparation and skill, at the stipulated time and place.
– Refrain from disclosing to third parties, unless expressly authorized, the technical, commercial and manufacturing secrets of the products.
– To inform the employer of any contagious diseases they may suffer and to report any deficiencies they may notice in order to avoid damage or harm to their interests.
Law 16-92 on Maternity Protection
The Labor Code of the Dominican Republic in its articles 231 to 243 states that:
That the protection of maternity is protected, the dismissal of the employer during pregnancy is null and void and the dismissal can only be exercised under special conditions, likewise the employer cannot make any type of effort until 6 months after the delivery.
A woman may not be dismissed from her job because she is pregnant.
Any dismissal due to pregnancy is null and void. Any dismissal of a woman who is pregnant or within six months after the date of childbirth must be previously submitted to the Department of Labor or the local authority exercising its functions, in order for it to determine whether it is due to the fact of pregnancy or is a consequence of childbirth. The employer who dismisses a female worker without observing the formality prescribed above is obliged to pay to said worker, in addition to the benefits due to her in accordance with this Code, an indemnity equivalent to five months’ ordinary salary.
During the period of pregnancy, the worker may not be required to perform work requiring physical effort incompatible with the state of pregnancy. If the change is impossible, the employee is entitled to unpaid leave.
The pregnant worker is entitled to a mandatory rest during the six weeks preceding the probable date of delivery and the six weeks following it. When the worker does not make use of all the prenatal rest, the unused time is accumulated to the post-natal rest period.
Termination of the pregnant woman’s contract by eviction.
Regarding the Maternity Protection in the Dominican Labor Legislation and its need of modification in the Reform of the Labor Code of the Dominican Republic, it is sought to protect the pregnant woman at work for any risk with the baby.
For the employers, the proposal of the business sector that a pregnant woman can exercise the eviction herself, which means that she loses all her rights and would not be entitled to anything.
For the experts in labor matters understand that a pregnant employee considers it an outrage that these women terminate their contract by themselves and without the approval of the employer, who seeks this type of arrangement for the reform of the Labor Code of the Dominican Republic.
Reinstatement of a pregnant woman at work.
The woman can be reinstated in her job once her dismissal or eviction has been declared null and void, since her contract is still in force and she will continue to be paid all her salary that was lost due to the dismissal until it is formally declared null and void.
Although Dominican law does not expressly provide for the reinstatement to her position or place of work of a pregnant worker who has already been terminated, it is necessary to declare the dismissal null and void so as not to create problems within the workplace.
The Supreme Court of Justice has ruled that in the case of a declaration of nullity of a dismissal or an eviction there is no place for the payment of an indemnity for abusive breach of contract since the contract has remained in force, the employee may also claim damages in his lawsuit. According to the jurisprudence of the Supreme Court of Justice, the employment contract remains in full force and effect and the labor courts have full powers to order the payment of back wages.
Nullity of Dismissal.
Although a pregnant woman cannot be dismissed if the employer has a valid and justifiable cause for which the contractual relationship cannot continue, the legislator allows the termination of the contract, but imposes the conditions contained in Article 233 of the Labor Code. These conditions remain in force while the woman is pregnant and up to six months after delivery. Said article states:
A woman may not be dismissed from her employment because she is pregnant. Any dismissal due to pregnancy is null and void. Any dismissal of a woman who is pregnant or within six months after the date of childbirth must be previously submitted to the Department of Labor or the local authority exercising its functions, so that it may determine whether it is due to the fact of pregnancy or is a consequence of childbirth.
No employer may dismiss a pregnant woman, because in that case the pregnant woman has the right to sue the employer for dismissing her from her job because she is pregnant.