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  • Title: Ordinance No. 003/PRG/SGG/88 issuing the Labour Code, 28 January 1988.
    Author: Guinea.
    Journal: Annu Rev Popul Law; 1988; 15():99-100. PubMed ID: 12289746.
    Abstract:
    Provisions of the 1988 Labor Code of Guinea relating to maternity benefits state that women have the right to maternity leave from six weeks before the projected date of delivery until eight weeks after delivery and that employers may not employ a woman within six weeks of delivery. When delivery has taken place before the projected date, the period of maternity leave may be extended up to the period of 14 weeks. If the woman has a medically certified pathological condition resulting from pregnancy or delivery, her maternity leave may be increased for a maximum total period of eight weeks prior to the projected date of delivery and 10 weeks after delivery. In the case of a multiple birth, the maternity leave shall be extended by two weeks. During maternity leave, a woman employee may receive medical care free of charge and half wages she was earning at the time of the leave, with such costs to be borne by the employer. The other half of the employee's wages shall be paid by the Social Security Fund. Once the mother's maternity leave has expired she may, if she wishes, take unpaid leave for a maximum period of nine months. Women employees who do not request such unpaid leave have a right to daily nursing breaks totaling one hour. This right shall be granted for up to 15 months from the birth of the child. Women employees taking unpaid leave shall also have the right, once they return to work, to take nursing breaks for up to 15 months from the birth of the child. An employer may terminate a woman employee's contract of employment during maternity leave or unpaid maternity leave only if the employee has engaged in serious misconduct not connected to pregnancy or if, for a reason unrelated to pregnancy, the employer finds it impossible for the contract to remain in effect. In the case of a wrongfully terminated contract, a court shall order the employer to reinstate the woman or, if she is not reinstated, to pay her compensation equalling two years' wages. During her pregnancy and after the birth of her child, the woman shall be free to terminate her contract of employment, without giving notice, for up to 15 months following the birth of the child. An employer who violates these provisions will be fined.
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