The National Labor Inspectorate (INL) has provided guidelines to standardize the evaluation and assessment of proceedings based on the provisions of Articles 6, 7, and 17 of the Decree Law No. 151/2001 (INL, note 8 July 2025, No. 5944). This regulation pertains to the prohibition response to protect the health of the pregnant worker and her child, by implementing protective measures in relation to working conditions and tasks performed or abstention from work.
It is premised on the Communication from the Commission of the European Communities of October 5, 2000, according to which, “pregnancy is not a disease but an aspect of daily life”, but “conditions that might be acceptable in normal situations may no longer be during pregnancy.” The same applies to the breastfeeding period which is protected by law until the seventh month after childbirth.
The prohibition request can be submitted by either the employer or the worker. The request must include a copy of the applicant’s identity document, the medical certificate of pregnancy with the expected delivery date (in case of early prohibition) or self-certification/birth certificate (in case of postponed prohibition), and the job performed by the worker. When the request is made by the employer, it must also include reasons why it is not possible to assign the worker to other duties based on technical factors pertaining to the organization of the company.
The note also includes the procedural path of the prohibition request, divided into different stages: investigative, evaluative, risk assessment for the safety and health of workers, and consideration of the Risk Assessment Document (DVR). Moreover, the document provides a non-exhaustive list of work activities that are particularly dangerous and strenuous to facilitate administrative investigation. There are sections on prolonged standing posture and specific risks in the school sector. Finally, the note is accompanied by two annexes listing dangerous substances and processes (Annex 1), and sample models of prohibition measures before and after childbirth (Annex 2).
