Advertisement

lvan lsraelstam

pregnant women

Pregnant employees are strongly protected under South African law. There are no fewer than six pieces of legislation that require employers to treat pregnant and post-pregnant employees with the greatest of care. One of these pieces of legislation is the Code Of Good Practice On The Protection Of Employees During Pregnancy And After The Birth Of A Child (The Code).

employers having a meeting

Due to the fact that some employers are unskilled in dealing both effectively and legally with poor performance or misconduct they look for other ways of getting rid of ‘troublesome employees. However, the law has made it clear that employers must use laid down corrective/disciplinary processes in such cases and are not allowed to misuse other methods such as retrenchments.

The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. For instance, it is not normally acceptable to use the procedure laid down for retrenchments in order to deal with poor work performance. 

There are six pieces of legislation that work together to protect the employee and her child from the day the employee falls pregnant until well after the birth of the child. Ivan Israelstam explains what the law expaects employers to do to look after their pregnant employees.

Advertisement

Subscribe to lvan lsraelstam