Seguro de Maternidad - Bolivia

Derecho Laboral - Harold Andia
30 Jul 202027:57

Summary

TLDRThis script discusses the importance of maternal protection in the workplace, highlighting international labor conventions and Bolivian laws that safeguard pregnant workers. It covers key aspects like maternity leave, financial and medical benefits, workplace health protection, job security, and non-discrimination. The script also explains the legal framework ensuring these rights, including the General Labor Law and the Political Constitution of the State, emphasizing the state's role in providing assistance and protection during pregnancy and childbirth.

Takeaways

  • 📜 The International Labour Organization has been a key player in shaping international norms on maternity protection since 1919, issuing conventions that have expanded maternity rights over time.
  • 🤰 Maternity protection serves dual purposes: preserving the health of the mother and newborn, and providing economic security and job safety for the mother.
  • 👶 The Maternity Protection Convention No. 183 outlines five essential elements including maternity leave, cash and medical benefits, health protection at work, job protection, and breastfeeding facilities.
  • 🏥 Bolivian law mandates special treatment for pregnant workers without affecting their salary or job position, aiming to safeguard the health of the mother and newborn.
  • 🛡️ The Bolivian Constitution guarantees women the right to safe motherhood with special assistance and protection from the state during pregnancy, childbirth, and prenatal and postnatal periods.
  • 🍼 Employers are required to provide breastfeeding facilities and time for nursing mothers to ensure the health and well-being of both the mother and child.
  • 💼 Job protection for pregnant women and new parents is ensured, with legal provisions preventing dismissal and any changes to salary or job position during these periods.
  • 💊 Health services and medications are covered under the social security system, with specific regulations in place to ensure the quality and accessibility of maternal health services.
  • 💼 The script highlights the financial aspects of maternity leave, explaining the mechanism by which employers and social security systems share the cost of maternity benefits.
  • 👨‍👩‍👧‍👦 The concept of family allowances is discussed, detailing the various types of financial support available to working mothers and families, including prenatal, natal, lactation, and funeral subsidies.

Q & A

  • What is the main concern of the International Labour Organization (ILO) regarding maternity protection?

    -The main concern of the ILO is to ensure the protection of maternity for working women, which has been a central focus since its foundation in 1919. This includes creating normative instruments to extend the scope and rights of maternity protection over time.

  • What are the two fundamental purposes of maternity protection as mentioned in the script?

    -The two fundamental purposes of maternity protection are to preserve the health of the mother and the newborn, and to provide the mother with a measure of economic security and job security.

  • What are the five essential elements of maternity protection outlined in Convention No. 183?

    -The five essential elements of maternity protection in Convention No. 183 include maternity leave, cash and medical benefits, health protection at the workplace, job protection and non-discrimination, and facilities for breastfeeding.

  • How does the Bolivian law regulate the protection of the biological process of maternity?

    -The Bolivian law regulates the protection of the biological process of maternity by establishing in Article 61 of the General Labor Law that every pregnant woman has the right to rest 45 days before and after childbirth, which must be fully paid.

  • What is the special treatment provided to pregnant women in the workplace according to the Bolivian law 975 of 1988?

    -According to the Bolivian law 975 of 1988, known as the Law for the Promotion of Maternity, pregnant women who occupy positions that affect their health are entitled to special treatment without affecting their salary level or job position.

  • How does the Bolivian Constitution Political of the State ensure job security for pregnant women and parents?

    -The Bolivian Constitution Political of the State ensures job security for pregnant women and parents by stating in Article 45 that women have the right to safe motherhood with special assistance and protection from the state during pregnancy, childbirth, and prenatal and postnatal periods. Additionally, Article 48 guarantees inamovilidad (job security) for women during pregnancy and for parents until the child is one year old.

  • What is the significance of the Constitutional Sentence 109 in the context of job security during maternity?

    -The Constitutional Sentence 109 is significant as it has generated a jurisprudential line that has relativized the absolute protection of job security during maternity. It states that for fixed-term contracts, the protection of job security does not apply because the worker and employer know in advance the specific date of the contract's end, and maternity cannot force the employer to extend the employment beyond the initially agreed time.

  • What are the obligations of employers regarding breastfeeding facilities as per the Bolivian law?

    -Employers have the obligation to grant working mothers who have given birth a paid break every day, consisting of one hour of rest to attend to the feeding needs of the newborn. Additionally, for workplaces with a staff of 50 or more, employers are required to provide creche facilities. Furthermore, according to the Supreme Decree No. 115, both public and private institutions must allow nursing mothers to bring their babies to work or study places to provide exclusive breastfeeding for the first six months of the child's life.

  • How do the healthcare services provided during the maternity insurance period aim to protect the health of the mother and child?

    -The healthcare services provided during the maternity insurance period aim to protect the health of the mother and child by ensuring access to necessary maternal services such as prenatal controls, delivery care, and postpartum care. This includes hospitalization rights, medical and paramedical staff attention, and necessary medications to prevent health issues like decalcification and anemia.

  • What is the role of the INAMESH (Agenzia nazionale per i medicinali e la sanità) in the context of maternity healthcare services?

    -INAMESH, the national agency for medicines and health technologies, plays a role in maternity healthcare services by approving the list of essential medicines for the country. This list, updated every two years, helps to regulate the prices of medicines sold to the public through pharmacies, ensuring they are in line with the cost reference set by the Ministry of Health to prevent price gouging and speculation.

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Related Tags
Social SecurityMaternal ProtectionWorkers' RightsLegal EvolutionHealthcare BenefitsLabor LawsInternational StandardsEconomic SecurityEmployment ProtectionSocial Welfare