Continuing with our Work and Pregnancy series, we are going to address one of the most delicate and conflicting points in the employment relationship between companies and pregnant women. Pregnancy is not a disease as such, but it can cause changes and medical problems, both in women and in the future baby.
On many occasions, a series of medical factors are combined that declare a risky pregnancy if there is a likelihood of harm to the fetus or mother. In advanced ages, around 40 and above, these reasons are even more latent, not forgetting medical profiles of mothers that can be problematic a priori such as cardiovascular diseases in the mother or diabetes problems. In these cases, extreme prevention of occupational hazards during the period being worked in the company is vital.
Procedures to follow to improve risk prevention
Once a woman confirms her pregnancy, she should inform her gynecologist and family doctor of the type of job held. Even in normal pregnancies, work performance itself can create serious problems for the normal development of pregnancy.
Imagine jobs of great physical effort, work with dangerous substances, days that prevent proper and adequate feeding of the mother ... In any case, medical doctors will proceed to assess in writing if the usual performance of the profession of the mother requires a specific review or a change of job position. The law on prevention of occupational hazards in its article 26 specifies the full scope of the risk assessment and control during pregnancy and lactation period.
Review procedures in risk prevention
In the event that our doctors detect a hypothetical risk from our work, we must inform the company of our pregnancy and in this same document, we must request the revision of the Risk Prevention Plan of our workplace so that the company takes appropriate measures for the protection of our health and the protection of our future baby
These types of reviews will be carried out by the companies that have carried out the Risk Prevention Plan of our company or by the Human Resources department itself if we work in a large company and by the Mutual Accident that the company has. In all cases, the review of the position and the implementation of the necessary protective measures for our work performance must be immediate and if the family doctor or gynecologist has detected a high risk, we will not join our job until That these measures be implemented.
Change of job
But it is not always possible to adapt a certain job for a pregnant woman. When this happens the company has the obligation to change jobs to the pregnant woman, as long as this change is possible and viable at a technical and human level. In these job changes, it must always be fulfilled that: * The salary conditions will never be modified downwards, even if the position held has a lower economic remuneration assigned. * No contractual modification of the employment contract will be made. A communication of circumstantial work post in writing between the parties will suffice. * The job to be performed must be in accordance with the qualification and professional preparation of the pregnant woman. But it may happen that said change of position is not technically or objectively possible, or cannot reasonably be demanded for justified reasons, the affected worker's step may be declared to the situation of suspension of the contract for risk during pregnancy.
Suspension of the employment contract due to risk during pregnancy
The Workers Statute establishes the suspension of the employment contract in these circumstances. In cases of suspension, the worker has to request this suspension before the National Social Security Institute accompanying the following documents: * Application completed according to the Social Security forms in accordance with the affiliation regime in which we are. * Report of the medical professional who attends it. * Medical certification that the conditions of the job may have a negative influence on the health of the worker and / or the fetus, extended by the Medical Services of the Mutual Accident at Work and Occupational Diseases. * Company statement about the absence of jobs compatible with the status of the worker. The INSS has a deadline to resolve our request for 30 calendar days. In the case of a favorable resolution, the payment of our salary will correspond to the Mutual of Labor that provides the services for the company and the amount of this benefit will correspond to 100% of the regulatory base that we have established based on our own base of quotation.
