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Pregnant workers unable to attend night shift

In General Ruling No 2357 of June 1, 2017, Work Direction pointed that a pregnant worker is unable to continue attending day-night-free-free shift.

In this regard, the inspection body indicates that article 200 of Work Code accurate “during the period of pregnancy, the worker who is habitually engaged in work considered by the authority as detrimental to her health must be transferred to another activity that is not detrimental to her health, without reducing her wages,

For these effects, it will be understood, especially, as detrimental to the health all work that:

  • force to lift, drag or push large weights;
    • requires physical exertion, including standing for long periods of time
    • is performed at night
    • is performed overtime
    • the competent authority declares that it is inconvenient for the state of pregnancy”

According to article 200 of Work Code, it is possible to establish that the pregnant worker can not perform activities considered as harmful to her health, therefore, the employer arises to transfer her to perform functions compatible with her condition, and they should not be affected her wages.

Therefore, the legislator has been emphatic in identifying the work that is harmful to the pregnant worker, including those who are executed at night time. Work Direction has set its criteria in Expert Opinion No 1739/68 of March 20, 1996, noting that “Is defined as night work, for the purposes of the application of the article 202 of Work Code, the one that runs between the twenty-two and seven o’clock”.

In the case of a female worker providing services for two employers the limit also applies.

So Work Direction in General Ruling No 2357 has indicated that if the worker provides services to two different employers in their right to freedom of work, guaranteed by the Political Constitution of the Republic and allowed by the labor legal system, reason for which it is not incumbent on them to incur a labor infraction for its employers, since in the state of pregnancy, means for them to move her to the day shift, since night work for pregnant workers is forbidden. Above mentioned, implies an alteration of the way in which she exercises her right to rest, because eliminates work in night shift, and should dedícate those hours to inactivity.

2017-09-12T12:08:52+00:00 31/07/2017|Latest news|