Table of ContentsTHE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996THE FUNDAMENTAL CONDITIONS OF EMPLOYMENT ACT 75 OF 1997THE RELATIONS ACT OF WORK 66 OF 1995Employment Equity Act 55 of 1998Workplace Health and Benefits Act 85 of 1993 Mine Health and Safety Act 29 of 1996 Conclusion In this chapter, the research question will be determined in the sense that a complete overview and objective of the research project will be described. It will also provide a general overview of the constitutional and legislative context for treason accommodations of pregnant employees. The Bill of Rights in Chapter 2 of the Constitution guarantees the right to equality and states that everyone shall be treated equally and that everyone is equal before the law. Equality is undermined when people are treated unfavorably for the reasons set out in Article 3 of the Constitution and Article 6(1) of the EEA. Before the enactment of various laws such as the Employment Equity Act and the Basic Conditions of Employment Act, common law dictated the position of pregnant employees in the workplace and mandated that women who missed work to give birth risked being fired. especially when the employer has not accepted such an absence. Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”?Get the original essayTHE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996Women and pregnant workers in the workplace are currently protected by a multitude of laws under South African law. Due to the equality clause in the Constitution (Article 9), the relevant legislation was primarily enacted to give effect to two fundamental rights contained in the Bill of Rights (Chapter 2 of the Constitution), namely the right to equality and the right to human dignity. Regarding equality, Article 9(3) of the Constitution states that "the State shall not discriminate, directly or indirectly, against any person for one or more reasons, including the intention to fall pregnant. ". Article 9(4) of the Constitution further reaffirms that Under no circumstances shall unjust discrimination, whether direct or indirect, be tolerated. Women therefore have a constitutional right not only to human dignity, a concept that must be upheld in all conditions, including the workplace, but also to human dignity which requires that pregnant employees deserve the same respect and the same treatment as their male counterparts. that unfair discrimination constitutes a violation of this right. Additionally, everyone has the right to fair labor practices in Article 13. What this means by “everyone” is that pregnant workers also have the right to fair and equitable labor practices. BASIC CONDITIONS OF EMPLOYMENT ACT 75 OF 1997 The old Basic Conditions of Employment Act 3 of 1983 did not provide any protection to pregnant staff. Additionally, pregnant workers were prohibited from working for four weeks before birth and eight weeks after birth. Under the current Basic Conditions of Employment Act 75 of 1997 (BCEA), this position has changed dramatically. The current BCEA offers minimum employment conditions. Part of these circumstances is that pregnant workers are entitled to four consecutive months of maternity leave. However, this leave is without pay. Section 26 of the Act deals with the protection of female employees before and after birth and states in subsection (1) that no employer shall require or permit a pregnant employee to carry out anywork dangerous to their health or that of their child. (2) further provides that during an employer's pregnancy and for a period of six months after the birth of her child, her employer shall offer her other suitable employment on terms no less favorable than her usual terms and conditions and conditions of employment, if- (a) the employee is required to perform night work, as defined in Article 17() or her work presents a danger to her health, safety or that of her child , and (b) it is practical for the employer to do so. Maternity leave can begin four weeks before the baby is expected to be born. Optionally, maternity leave can be taken at the time a doctor determines that maternity leave is crucial for reasons of health and safety of the mother and/or baby. The employee is entitled to maternity leave of a maximum duration of six weeks, if the baby is stillborn or if she has a miscarriage from the 28th week of pregnancy. As stipulated by the BCEA, at the start of maternity leave, the pregnant worker must notify the employer in writing, at least four weeks before the start of maternity leave or where such notification is reasonably possible. The pregnant employee must also inform her employer when she returns to work after the end of her maternity leave. However, a worker cannot return to her workplace for at least six weeks after giving birth. During maternity leave, women are entitled to maternity benefits under the Unemployment Insurance Fund (UIF) when eligible under the Unemployment Insurance Act 63 of 2001 (UIA). Maternity benefits can be claimed as soon as the pregnant worker begins her maternity leave. Maternity benefits can be availed by staff who have given birth up to 17.32 weeks. Employees who have a miscarriage or who have a stillborn child during their third trimester can receive maternity benefits for six weeks. Du Toit argues that it is automatically unfair to allow a worker to return to work after maternity leave. Pregnant workers are not allowed to work in unsafe conditions. It would be unfair to be forced to work in circumstances that harm the health and safety of the pregnant worker and/or her baby. Alternative jobs should be arranged to make the health and well-being of the pregnant worker and her child more suitable. when the pregnant worker is hired to work at night and the circumstances for the pregnant worker may be dangerous. In addition, the Code of Practice on the Protection of Female Employees During Pregnancy and After the Birth of a Child (the Pregnancy Code of Practice) was adopted in accordance with section 26 of the BCEA. The purpose of this code is to guide employers and their employees in keeping their workplace safe from future hazards during pregnancy, after childbirth and while breastfeeding. The Pregnancy Code of Practice confirms that no employer should be treated less favorably because of their pregnancy. In essence, the Pregnancy Code of Practice states that employers must ensure that pregnant workers work in a safe and risk-free environment. Regarding family leave, a worker is entitled to three days of paid family leave for each annual leave cycle. The worker must, however, have worked for the employer for more than four months and must work for that specific employer at least four days per week to qualify for family leave. This leave may be granted to thebirth of a baby or when he is ill. Given that South African employment law does not provide for paternity leave (leave on the birth of a baby for parents), this is particularly relevant for men. No employer may require or allow a pregnant worker or a worker who is breastfeeding her baby to perform work that is harmful to the health of her child. Employers cannot afford to treat them as they deem fair because of the significant legal protections pregnant employees enjoy. Instead, employers should utilize the services of labor law experts to develop and implement comprehensive policies aimed at ensuring the well-being of working mothers and minimizing the impact of motherhood on productivity in the workplace without breaking the law.THE LABOR RELATIONS ACT 66 OF 1995Before the advent Under the old Labor Relations Act 27 of 1956, very little, if any, protection against treatment unfair treatment in the workplace was granted to women and pregnant employees. Common law dictated that women who took time off work to give birth were in danger of being fired, particularly when the employer did not accept the absence. However, with the enactment of the aforementioned former Industrial Relations Act, the Industrial Court (IC) began to consider these dismissals unfair. The current Industrial Relations Act 66 of 1995 (LRA) deals with reasonable accommodation in the context of unfair dismissals and now explicitly says that no worker may be unfairly dismissed or subjected to unfair labor practices. Section 186(1) defines the word “dismissal” in great detail. Section 186(1)(c)(i) of the new revised version specifically relates to dismissal when the employer does not allow the worker to return to work after being employed. maternity leave. Furthermore, section 186(1)(c)(ii) states that a dismissal also occurs when an employer refuses to allow a female worker to continue working if she was absent from work before and/or after birth. Section 186(1)(c) of the LRA is of crucial importance as an employer cannot under any circumstances rely on the prolonged absence of an employee. Following the birth of her newborn, the employment contract was automatically dissolved. The LRA also protects women and pregnant workers by stating that no employee should be subjected to unfair labor practices. Section 186(2) defines the term “unfair labor practice”. Article 23 of the Constitution also states that “Everyone has the right to fair labor practices. » “The term “everyone” used in the Constitution implies non-employees. Therefore, unlike the LRA, the Constitution has a broader purpose. The unfair labor practices provision contained in section 186(2) of the LRA only protects staff. “What is ‘fair’ will be decided on a case-by-case basis and all conditions must be taken into account when a decision is made. It is therefore essential that pregnant women know that if they are not treated fairly, such treatment could potentially constitute an unfair labor practice. Therefore, an unfair labor practice due to pregnancy could lead not only to an unfair labor practice claim, but also perhaps to an unfair discrimination claim in the EEA. Fair Employment Act Employment 55 of 1998The Employment Equity Act deals with equality in the workplace and strives to eliminate inequalities and.