S.L. 452.91 Art. 5Night work.

(1) The employee’s employment rights shall be ensured and her wages shall not be less favourable than those stipulated in her contract of employment when an employer, who has received notification by means of a medical certificate that an employee should not perform night work during her pregnancy and during breastfeeding for reasons relating to her health and safety, transfers her to daytime work to comply with his obligations as an employer in terms of the Occupational Health and Safety Authority Act, or of subsidiary legislation issued thereunder.

(2) If the employer acts in accordance with the General

Provisions for Health and Safety at Workplaces Regulations but is still unable to comply with the requirement to transfer the employee to daytime work as referred to in subregulation (1) as this is not technically and, or objectively feasible or cannot be required on duly substantiated grounds, the employee shall be given special maternity leave as referred to in regulation 3.