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

Sectoral Determinations

Sectoral Determination 1 : Contract Cleaning Sector, South Africa

21. Protection of Employee before Birth and after Birth of a Child

 

(1) No employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of the child.

 

(2) During an employee’s pregnancy, and for a period of six months after the birth of her child, her employer must offer her suitable, alternative employment on terms and conditions that are not less favourable than her ordinary terms and conditions of employment, if—
(a) the employee is required to perform night work, as defined in clause 2 or her work poses a danger to her health or safety or that of her child; and
(b) it is practicable for the employer to do so.