On 7 February 2025, the Ministry of Labour and Vocational Training issued Guideline No. 015/25 on Special Protection for Pregnant Women (“Guideline 015”). Guideline 015 aims to enhance the welfare of female employees during the period of pregnancy and after delivery by providing additional benefits and protections on top of what is currently prescribed by the Labour Law. We set out in the table below the existing benefits under the Labour Law and the additional benefits introduced under Guideline
| Description | Labour Law | Guideline 015 |
| Non-Discrimination and automatic renewal of the employment contract | The Labour Law prohibits in general any discrimination act in hiring, defining and assigning of work, vocational training, advancement, promotion, remuneration, granting of social benefits, discipline and termination of employment contract based on race, color, sex, creed, religion, political opinion, birth, social origin, membership of workers’ union or the exercise of union activities. The Labour Law does not explicitly prohibit an act of discrimination against pregnant employees. While the Labour Law offers female employees’ the right to perform only light work during the first two months after returning to work from maternity leave, there is no provision that mentions about automatic renewal of the employment contract. | Guideline 015 explicitly forbids discrimination against pregnant female employees, including in job opportunities, employment contract renewals, salary increments, and other employment benefits. It further encourages automatic renewal of employment contracts for pregnant employees during pregnancy and within one year after delivery. |
| Timing of maternity payment | During maternity leave, female employees are entitled to 50% of their wage, including other benefits, paid by the employer. The payment shall be granted only to women having a minimum of one year of uninterrupted service in the enterprise. The Labour Law does not provide clarity when the payment should be paid. As a matter of practice, enterprises pay female employees their salaries at the end of each calendar month, during maternity leave. | Guideline 015 clarifies the timing of payment by requiring employers to pay the total maternity payment for the maternity leave period to female employees before they go on maternity leave. |
| Suspension of the employment contract | The Labour Law stipulates in general reasons for employment contract suspension and consequences thereof. | Under Guideline 015, unless the suspension affects the entire department or section of the enterprise or involves all employees, employers must not suspend the employment contracts of female employees during pregnancy and/or within nine months after giving birth. |
| Termination of the employment contract | The Labour Law prohibits the termination of the employment contracts of female employees during maternity leave or on a date when the end of the notice period falls during maternity leave. This protection does not extend after the female employee returns to work. | Employers are prohibited from terminating the employment contracts of female employees who are pregnant or within one year after giving birth. While Guideline 015 indicates that employers can terminate pregnant employees for serious misconduct, such termination, if it occurs within one year after the female employees give birth, must be reviewed and receive prior approval from the labour inspector (the detailed process of which is not specified in Guideline 015). |
Guideline 015 further emphasizes that any enterprises not complying with the rules specified under this guideline will be subject to penalties pursuant to applicable laws and regulations.
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The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
