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Article 5:

1. Everyone has the right to work, freely choose a job or profession, learn a trade and improve his professional standard without discrimination of sex, nationality, social background, belief and religion.
   
   

2. Maltreatment of labourer and forcible labour in any form is forbidden.
   
   

3. The State encourages, creates conditions or assists all activities which generate employment or self employment, all activities in job teaching and learning to create employment as well as all activities in production and business which draw a large workforce.

Article 6:  A labourer must have attained at least 15 years of age, have the capability to work and must work according to a labour contract.

A labour user may be a business, an office, an organisation or an individual (in the latter case he must be at least 18 years old). The labour user hires and uses labour and pays for it.

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CHAPTER X

SPECIFIC PROVISIONS ON WOMEN 'S LABOUR

Article 109:

1. The State ensures the right to equality of women with men in all domains of work and shall adopt policies of encouraging the labour users to create conditions for women labourers to have regular jobs. It shall also widely apply the system of work according to a flexible time schedule, work for less than a day and less than a week, and work done at home.
   
   

2. The State shall adopt policies and measures to expand employment step by step, improve the labouring conditions, heighten the professional standard, caring for the health, and increasing the material and spiritual welfare of female labour aimed at helping the women labourers to effectively develop their professional capacities and harmoniously combine work and family life.

Article 110:

1. The State offices have the responsibility to devise diversified and convenient forms of training for women labourers so that besides their current jobs they can have reserve jobs and so that the use of female labour can become easier and more and more suitable for the physical and physiological characteristics of women as well as their motherly function.
   
   

2. The State adopts a policy of privileged treatment, reducing taxes for enterprise employing many female workers.

Article 111:

1. All acts of sex discrimination against women labourers and abuse of their honour and dignity by the labour user are strictly forbidden.

   The labour user must observe the principle of sex equality in recruitment, utilisation, pay rise and remuneration for work done.
   
   

2. The labour user must give priority to the woman who fills all the norms for recruitment for a job of which the business is in need and which can be done by a man or a woman.
   
   

3. The labour user is not allowed to dismiss or unilaterally terminate the labour contract with a woman labourer for the reasons of marriage, pregnancy, child birth leave or tending her child under 12 months of age, unless the business terminates its operation.

Article 112:  The woman labourer is entitled to unilaterally terminate her labour contract without having to pay compensation defined at Article 41 of this Code if she can produce a certification by a doctor that there will be harmful effects on the foetus if she continues working. In this case, the time limit in which the woman labourer has to notify the labour user in advance shall depend on the time limit prescribed by the doctor.

Article 113:

1. The labour user is not allowed to use female labour for heavy or dangerous jobs or jobs which necessitate contract with noxious substances having harmful effects on the reproductive and child rearing function of the woman labourer, the list of such substances is to be published by the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Public Health.

   Those businesses using female labour for the above mentioned jobs must adopt plans of retraining in order gradually to transfer these women labourers to other more appropriate jobs increase measures for health protection, improvement of the working conditions or reduction of the working time.
   
   

2. The labour user must not use women labourers at whatever age for permanent work in the mines or requiring constant immersion in water.

Article 114:

1. The woman labourer is entitled to take a leave before and after child birth totalling from four to six months according to prescriptions by the Government, depending on the working conditions and the character of the job, whether it is a heavy or noxious job or a job in a remote region. If she gives birth to two or more children, the mother is entitled to another 30 days of leave for each additional child. The rights and interests of the women labourers during the childbirth leave are defined in Articles 141 and 144 of this Code.
   
   

2. After the end of the childbirth leave the woman labourer may take an additional unpaid leave as may be agreed with the labour user, if she so requests. The woman labourer may return to work before the end of the childbirth leave if she has not worked at least two months after childbirth and the doctor certifies in writing that her return to work will not harm her health. However, she must notify the labour user in advance. In this case, the woman labourer shall continue to receive the childbirth allowance besides the pay for her working days.

Article 115:

1. The labour user must not assign a woman labourer who is seven or more months pregnant or who is tending her child of less than 12 months of age to off - hours work, night - time work or to a far - off mission.
   
   

2. From the seventh month of her pregnancy onward, the woman labourer doing heavy job shall be assigned to a lighter job or has her working time in a day slashed by one hour while continuing to receive full pay.
   
   

3. The woman labourer is entitled to 30 minutes of rest per workday during her periods. The woman labourer tending her child less than 12 months of age is entitled to 60 minutes off during working time while continuing to receive full pay.

Article 116:

1. Where female labour is used there must be a place for change, a bathroom and a room for women 's sanitation.
   
   

2. In places where a large female labour force is used the labour user has the responsibility to help in the organisation of babysitting room or infant class or help to cover part of the expenditures on women labourers with children at the age of babysitting or infant classes.

Article 117:

1. During her leave for pre-natal examination, for taking a contraceptive measure or on account or an abortion or for tending a sick child under seven years old or adopting a new born, the woman labourer shall receive a social insurance allowance or shall be paid a sum equivalent to the social insurance allowance by the labour user. The duration of the leave and the level of allowance stipulated in this item shall be defined by the Government. If the sick child is tended by another person in replacement of his mother, the mother shall receive the social insurance allowance.
   
   

2. After the statutory childbirth leave and even in case of her allowed unpaid leave, the woman labourer shall be assured of her job when she returns to work.

Article 118:

1. At the businesses using a large women labour force the responsible persons in the managerial board must assign a person to monitor the question on female labour. Before taking a decision related to the rights and interests of women and children they must consult the representative of the women labourers.
   
   

2. Among the labour inspectors there must be an appropriate number of women inspectors.

CHAPTER XI

UNDER - AGE LABOUR

Article 119:

1. An under- age labourer is one under 18 years of age. Where under - age labour is employed there must be a separate record of these youngsters with their full names, dates of birth, their current jobs, the results of each periodical health cheek which must be produced to the labour inspector on his request.
   
   

2. It is strictly forbidden to misuse the labour of under - age persons.

Article 120:

It is forbidden to sign on children of less than 15 years of age except for some professions and jobs to be defined by the Ministry of Labour, War Invalids and Social Affairs.

With regard to some profession services allowed to sign on children under 15 years of age for work, job learning or apprenticeship this admission and utilisation must have the consent and the constant care of their parents or tutors.

Article 121: The labour user is allowed to use under-age labour for jobs suited to their health in order to ensure the development of the physical and intellectual conditions as well as their personality. He has the responsibility to care for the under - age labourer in the domains of labour, wages, health and studies during the process of labour.

It is forbidden to use under-age labourers in heavy and dangerous job or jobs necessitating contract with noxious substances prescribed in the list published by the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Public Health.

Article 122:

1. The working time of an under-age labourer must not exceed seven hours in a day and 42 hours in a week.
   
   

2. The labour user can use under-age labour for off - hours work or night work in a number of occupations and jobs defined by the Ministry of Labour, War Invalids and Social Affairs.

Article 123:

An elderly labourer is one above 60 years old for man and above 55 years old for women.

In the last year before retirement the elderly labourer is entitled to one hour less in his daily working time or to the system of work of less than one day or less than one week according to prescriptions by the Government.

Article 124:

1. If the need arises the labour user may agree with the elderly labourer to extend the labour contract or to sign a new labour contract as stipulated ill Chapter IV of this Code.
   
   

2. After retirement, if he works under a new labour contract, besides the benefits deriving from the pension system the elderly labourer shall benefit from the interests stipulated in the labour contract.
   
   

3. The labour user has the responsibility to care for elderly labourer for heavy or dangerous jobs or jobs necessitating regular contact with noxious substances having bad effects on the health of the elderly labourer.

INVALID LABOURERS

Article 125:

1. The State protects the right to work of the invalids and encourages the admission and job generation for the invalid. The State shall devote part of its annual budget to help the invalids recover their health and rehabilitate their working capacities or learn a trade. The State shall adopt policies of granting low-interest loans to the invalids so that they can procure jobs for themselves and stabilize their life.
   
   

2. The institutions which admit invalids for job training are entitled to tax reduction, to low interest loans and other preferential policies with a view to creating conditions for the invalids to learn a trade.
   
   

3. The Government shall set a mandatory proportion of invalid labour for a number of occupations and jobs. If a business in these occupations and jobs does not want to accept this proportion it shall have to pay a sum prescribed by the Government to the employment fund to help in the settlement of employment for the invalids. Any business which takes in a proportion of invalid labourers higher than the prescribed rate shall receive financial support from the government or government loans at low interest in order to create working conditions suitable for invalid labourers.
   
   

4. The working time of an invalid labourer shall not exceed seven hours in a day and 42 hours in a week.

Article 126:

The job training institutions and the production and business establishments reserved for the invalids shall receive financial assistance in the initial stage for the installation of schools, workshops and classes and for the purchase of equipment and materials and enjoy tax exemption and low interest loans.

Article 127:

1. The institutions which teach jobs to the invalids or employ invalid labour must observe regulations concerning appropriate working conditions, labour tools, labour safety, labour and must regularly take care of the health of the invalid labourers.
   
   

2. It is forbidden to use invalids who have lost more than 51% of their work capacity in off- hours or night jobs.
   
   

3. The labour user must not use invalid labourers for heavy or dangerous jobs or jobs which necessitate regular contact with noxious substances as defined in the list published by the Ministry of Labour, War Invalids and Social affairs and the Ministry of Public Health.

Article 128: The labourer who is an injured or sick army man shall, besides the benefits defined in this Section, enjoy the State preferential policies and regimes with regard to war invalids and sick soldiers.

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Notes: