Medidas de protección para mujeres gestantes y madres lactantes
Author | Cristina Oviedo/Brian Ávalos |
Position | Consejera/Asociado |
El día de hoy, 8 de octubre de 2020, se ha publicado la Ley 31051, Ley que amplía las medidas de protección laboral para mujeres gestantes y madres lactantes en caso de emergencia nacional sanitaria (en adelante, la “Ley”).
La Ley modifica el artículo 1 de la Ley 28048, Ley de Protección a favor de la mujer gestantes que realiza labores que pongan en riesgo su salud y/o el desarrollo normal del embrión y el feto, en los siguientes términos:
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Durante la vigencia del estado de emergencia nacional el empleador identifica a las trabajadoras mujeres gestantes y madres lactantes cuya integridad o la de su menor hijo son puestas en riesgo por las circunstancias que propiciaron el estado de excepción decretado, a efectos de aplicar de forma obligatoria el trabajo remoto para el cumplimiento de sus actividades laborales.
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Cuando la naturaleza de las labores no sea compatible con el trabajo remoto y mientras dure la emergencia sanitaria, el empleador asigna a las mujeres gestantes y madres lactantes, labores compatibles con las funciones que originalmente realizaban o, en su defecto, otorga preferentemente licencia con goce de haber sujeta a compensación posterior.
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