Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012the trade union, or to an employee selected by theemployees to represent them;(c) filed by the operator with the Labour Commissioneron request or as prescribed.(5) A person shall not remove or deface the identificationreferred to in subsection (1)(a), for a hazardouschemical.108. Special protection for pregnant employees(1) The operator of a workplace who receives a medicalcertificate from a female employee stating that she ispregnant, shall adapt the working conditions of thefemale employee to ensure that she is not—(a) involved in the use of, or exposed to, chemicals,substances or anything dangerous to her health orthe health of her unborn child; or(b) subjected to working conditions dangerous to herhealth or the health of her unborn child,and where appropriate, the operator may assignalternative work, where available, to her withoutprejudice to her right to return to her previous job.(2) The operator of a workplace shall not require or permit apregnant employee or an employee who is nursing herchild to perform work that is hazardous to her health orthe health of the child.(3) Despite any other enactment, during an employee’spregnancy and for a period of 6 months after the birth ofher child, her employer shall offer her suitable,alternative employment on terms and conditions that areno less favourable than her ordinary terms andconditions of work, where the employee is required toperform work that poses a danger to her safety or healthor that of her child, unless there is no other availablesuitable alternative employment or that in doing so theemployer will incur costs greater than ordinaryadministrative costs.69