Acts Online
GT Shield

Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Codes of Good Practice

Code of Good Practice on the Protection of Employees during Pregnancy and after the Birth of a Child

4. Legal Requirements


4.1 The Constitution protects the right to bodily and psychological integrity, which includes the right to make decisions concerning reproduction [section 12(2)] and gives every person the right to health services, including reproductive health care [section 27(1)(a)].


4.2 No person may be discriminated against or dismissed on account of pregnancy.


4.3 Employers are required to provide and maintain a work environment that is safe and without risk to the health of employees. This includes risks to the reproductive health of employees. These duties are established in terms of both the Occupational Health and Safety Act (OHSA) 85 of 1993 and the Mine Health and Safety Act (MHSA) 27 of 1996. Key aspects of these Acts are—
4.3.1 employers must conduct a risk assessment, which involves identifying hazards, assessing the risk that they pose to the health and safety of employees. and recording the results of the risk assessment.
4.3.2 employers must implement appropriate measures to eliminate or control hazards identified in the risk assessment;
4.3.3 employers must supply employees with information about and train them in the risks to their health and safety and the measures taken to eliminate or minimise them;
4.3.4 elected worker health and safety representatives and committees are entitled to participate in the risk assessment and control of hazards;
4.3.5 employees have a duty to take reasonable steps to protect their own health and safety and that of other employees.