IndexTHE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996THE FUNDAMENTAL CONDITIONS OF EMPLOYMENT ACT 75 OF 1997THE EMPLOYMENT RELATIONS ACT 66 OF 1995Employment Equity Act 55 of 1998Occupational Health and Enjories Act 85 of 1993Mine Health and Safety Act 29 of 1996ConclusionIn this chapter, the research question will be determined meaning that a comprehensive overview and purpose of the research project will be outlined. This will also provide a broad overview of the constitutional and legislative context of non-profit accommodation for pregnant workers. The Bill of Rights in Chapter 2 of the Constitution guarantees the right to equality and states that everyone should 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 section 3 of the Constitution and section 6(1) of the EEA. Before the enactment of various laws such as the Employment Equity Act and the Basic Conditions of Employment Act, the common law dictated the position of pregnant workers in the workplace and prescribed that women who were absent from working to give birth were in danger of being fired, especially when the employer did not accept this absence. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 Women and pregnant workers in the workplace are currently protected by extensive legislation under South African law. Due to the equality clause contained in the Constitution (section 9), the relevant legislation was enacted mainly 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, paragraph 3, of the Constitution states that "the State may not discriminate, directly or indirectly, against anyone for one or more reasons, including the intention to become pregnant". Article 9, paragraph 4, of the Constitution also reiterates that in no case should direct or indirect unfair discrimination be tolerated. Women therefore have a constitutional right not only to human dignity, which is a concept that should be maintained in all conditions, including in the workplace, but also to human dignity, which requires that pregnant workers are worthy of the same respect and treatment of their male colleagues and that unfair discrimination constitutes a violation of this right. Furthermore, everyone has the right to fair and equitable employment practices in Section 13. This means that “everyone” means that pregnant workers are also given this right to fair and equitable employment practices. THE BASIC CONDITIONS OF EMPLOYMENT LAW 75 OF 1997 The previous Basic Conditions of Employment Act 3 of 1983 did not guarantee any protection to pregnant staff. Additionally, pregnant workers were banned from working for four weeks before giving birth and eight weeks after giving birth. Under the current Basic Conditions of Employment Act 75 of 1997 (BCEA), this position has changed dramatically. This BCEA offers minimum working conditions. Part of these circumstances is that pregnant workers are entitled to maternity leave for four consecutive months. However, this leave is unpaid. Section 26 of the Act talks about the protection of employees before and after birth and states in sub-section (1) that no employer shall require or permit a pregnant employee to perform awork dangerous to your health or to the health of your child. Subsection (2) further provides that during an employer's pregnancy, and for a period of six months after the birth of your child, your employer must offer you suitable and alternative employment on terms and conditions which are no less favorable than ordinary employment and conditions of employment, if: (a) the employee is required to carry out night work, as defined in section 17() or his work represents a hazard for your health or safety or that of your child, and (b) it is practical for the employer to do so. Maternity leave can begin four weeks before the expected birth of the baby. Optionally, maternity leave may be taken when a doctor states that maternity leave is essential for the health and safety of the mother and/or baby. The worker is entitled to maternity leave for up to six weeks if the baby is stillborn or if she has a miscarriage starting from the 28th week of pregnancy. As required by the BCEA, when maternity leave begins, the pregnant employee must notify the employer in writing, at least four weeks before the start of maternity leave or when such notification is reasonably practicable. 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 the workplace for at least six weeks after giving birth. During maternity leave, women are entitled to receive maternity benefits under the Unemployment Insurance Fund (UIF) if they are entitled under the Unemployment Insurance Act 63 of 2001 (UIA). Maternity benefits can be claimed as soon as the pregnant employee begins maternity leave. Workers who have given birth up to 17.32 weeks can claim maternity benefits. Employees who miscarry or have a stillborn child in the third trimester can apply for 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 dangerous conditions. It would be unfair to be forced to work in circumstances that are harmful to the pregnant worker and/or the health and safety of her baby. Alternative work should be arranged to make the health and well-being of the pregnant worker and her baby more suitable, where the pregnant worker has a night working contract and the circumstances for the pregnant worker may be dangerous. In addition, the Code of Practice on protecting employees during pregnancy and after the birth of a child (the Pregnancy Code of Practice) has been adopted under section 26 of the BCEA. The purpose of this code is to guide employers and their employees in workplace safety against future risks during pregnancy, after childbirth and during breastfeeding. The Pregnancy Code of Practice confirms that no employer should be treated less favorably because of pregnancy. In essence, the Pregnancy Code of Practice states that employers must ensure that pregnant workers operate in a safe and risk-free environment. Focusing on family leave, the worker is entitled to three days of paid family leave per annual leave cycle. The employee must, however, have worked for the employer for more than four months and should work for that specific employer at least four days a week to be eligible for family leave. Such leave may be granted incase of birth of a child or illness of the child. As South African employment laws do not provide for paternity leave (leave given to parents upon the birth of a child), this is particularly relevant for men. No employer may require or allow a pregnant worker or a worker who is breastfeeding her baby to do work that is harmful to her or her child's health. Employers cannot afford to treat them as they see fit due to significant legal protections for pregnant staff. Instead, employers must enlist 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 workplace productivity without violating the law . THE LABOR RELATIONS ACT 66 OF 1995 Before the advent of the old Labor Relations Act 27 of 1956, women and pregnant workers were afforded very little, if any, protection against unfair treatment in the workplace. The common law prescribed that women who absented themselves from work to give birth were in danger of being fired, especially if the employer did not consent to such absence. However, with the entry into force of the aforementioned Labor Relations Act, the Industrial Court (IC) began to consider such dismissals to be unfair. The current Labor Relations Act 66 of 1995 (LRA) deals with reasonable accommodation in the context of unfair dismissal and now explicitly states that no worker shall be unfairly dismissed and subjected to unfair labor practices. Article 186(1) defines the word "dismissal" in great detail. Article 186(1)(c)(i) of the new revision specifically refers to dismissal where the employer does not allow the worker to return to work after being in service. maternity leave. Furthermore, Article 186(1)(c)(ii) provides that a dismissal also occurs where the employer refuses to allow a worker to continue working if she was absent from work before the birth and/or or after birth. Article 186(1)(c) of the LRA has a fundamental significance as the employer cannot under any circumstances rely on the prolonged absence of an employee. Following the birth of her newborn son, the employment contract was automatically terminated. The LRA also protects women and pregnant workers by stating that no employee should be subjected to unfair labor practices. Article 186, paragraph 2, defines the term “unfair labor practice”. Article 23 of the Constitution also states that “Everyone has the right to fair employment practices. The expression "everyone" in the Constitution concerns non-employees. Therefore, unlike the LRA, the Constitution has a broader purpose. The unfair labor practices provision 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 will need to be taken into account when making a decision. It is therefore essential that pregnant women know that, if they are not treated fairly, such treatment could amount to a As a result, an unfair employment practice due to pregnancy could lead not only to an unfair employment practice claim, but also possibly to an unfair employment practice claim under the EEA Employment Equity Act 55 of 1998 Act addresses equality in the workplace and works to eliminate inequality and ensure that unreasonable discrimination is eliminated. Section 5 of this Act requires employees to take all measures.