The Ministry of Labor issued Decree No. 75 of 2026 to regulate the employment of women under the framework of Labor Law No. 14 of 2025. The Decree aims to balance equal treatment in employment with occupational health and safety considerations, particularly during pregnancy and breastfeeding periods.
General Principle – Equal Treatment
The Decree confirms that women are subject to all labor regulations without discrimination, including the principle of equal pay for work of equal value, covering all components of remuneration.
This principle serves as the foundation of the Decree, ensuring that protective measures do not undermine equality.
Risk-Based Restrictions
The Decree prohibits the employment of women during pregnancy and breastfeeding in roles involving specific risks, classified into:
- Chemical risks
- Physical risks
- Biological risks
- Mechanical risks
The use of a risk-based approach enhances clarity and limits discretionary interpretation.
Conditional Permissibility
The Decree allows:
- Employment in safe roles during protected periods
- Employment in hazardous roles outside such periods, subject to compliance with occupational safety requirements
Failure to comply may result in administrative sanctions, including partial or full closure of the establishment
Night Work Regulation
The Decree adopts a regulated approach to night work:
- Permitted upon the employee’s request
- Subject to health and safety safeguards
- Requires provision of alternative daytime work during protected periods
- Requires prior approval from the competent authority
Employers must also ensure safe transportation and appropriate working conditions.
Scope and Exceptions
The Decree applies broadly to industrial establishments, including manufacturing, construction, and infrastructure activities.
It also provides specific exceptions, including:
- Force majeure
- Family-run businesses
- Perishable goods operations
- Certain administrative or healthcare roles
Compliance and Enforcement
Employers must obtain prior approval for night work and demonstrate compliance measures.
Authorities are tasked with:
- Maintaining databases
- Conducting inspections
- Monitoring compliance
No Prejudice to Better Benefits
The Decree expressly preserves any more favorable rights granted to female employees under contracts, policies, or customary practices.
Practical Implications for Businesses
The Decree introduces several practical compliance requirements:
- Risk Assessment Review:
Employers must reassess workplace risks to identify restricted roles. - Workforce Reallocation:
Mechanisms should be in place to reassign female employees to safe roles when required. - Enhanced HSE Compliance:
Effective implementation of health and safety measures is critical. - Night Work Compliance:
Requires justification, safeguards, and regulatory approvals. - Policy Updates:
Internal HR policies and procedures must be aligned with the Decree. - Inspection Readiness:
Increased oversight necessitates proactive compliance management.
Overall, the Decree shifts compliance from a formal obligation to a substantive operational requirement.
Conclusion
Decree No. 75 of 2026 establishes a structured framework based on:
- Equal treatment
- Risk-based protection
- Conditional permissibility
- Enhanced regulatory oversight
This requires businesses to adopt a proactive approach to compliance and risk management.
