Pregnant women cannot be compelled to work between 10 p.m. and 6 a.m. when in the opinion of the competent occupational doctor, that is necessary for the purposes of their health or safety.
The same applies to a woman who is breastfeeding until the date of the child’s first birthday.
The exemption from night work must in such cases be requested by the pregnant woman from her employer, who will forward the appropriate request to the competent occupational doctor for him to give an opinion.
If the occupational doctor is of the view that an exemption from night work is required to ensure the health or safety of a pregnant woman, the employer is required to transfer the woman who is pregnant or breastfeeding to a daytime work post, her previous wage being maintained, throughout the period necessary for the protection of her health or safety.
In such case, the employer is required to advance, on behalf of the sickness-maternity insurance and against subsequent reimbursement, any difference of income deriving from the transfer from a night work post to a daytime post.
If a transfer to a daytime post is not technically and/or objectively feasible or cannot reasonably be required for duly explained reasons, the employer, subject to approval by the occupational doctor, is required to exempt a woman who is pregnant or breastfeeding from working throughout the period necessary for the protection of her health or safety; during that period, the pregnant or breastfeeding woman is entitled to payment of a pecuniary maternity allowance by the sickness-maternity insurance scheme.