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What it regulates
Article ten rewrote maternity protection in the Occupational Risk Prevention Act, setting out assessment, adaptation, transfer and suspension due to pregnancy risk where no compatible alternative is available. This record explains the 1999 contribution while distinguishing it from current Article 26, subsequently amended by Organic Law 3/2007. It does not cover the law’s full range of leave and work–family measures.
Who it applies to
Only Article ten, its formal correction and its relationship with current Article 26 of the Act. The amending law’s status does not mean all of its 1999 preventive wording remains unchanged.
Key provisions
Assessment must consider the nature, degree and duration of exposure of pregnant workers or workers who have recently given birth to agents, procedures and conditions that may harm the worker or the fetus.
Article TenWhere risk is identified, the employer must avoid exposure by adapting working conditions or working time. Where necessary, measures include avoiding night or shift work.
Article TenIf adaptation is impossible or does not remove the risk under the statutory conditions, compatible work or duties are required. The list of risk-free posts is determined after consulting worker representatives.
Article TenWhere no compatible post exists within the same group or equivalent category, another assignment is possible while retaining total pay from the original post. Protection cannot simply shift the wage cost onto the worker.
Article TenSuspension due to pregnancy risk is provided for where transfer is technically or objectively impossible, or cannot reasonably be required for justified reasons. It lasts for the necessary protection period while that impossibility continues.
Article TenPregnant workers retain paid time off for prenatal examinations and childbirth preparation, with prior notice and justification that attendance is necessary during working hours.
Article TenHistory and versions
Initial publication: 06/11/1999 · Initial entry into force: 07/11/1999
BOE-A-1999-21568Published on 6 November 1999 and in force from 7 November 1999. Article ten retains its initial text within this law. The correction of 12 November 1999 rectifies the countersignature without changing preventive rules. Additional provision 12 of Organic Law 3/2007 later changed paragraphs 2 and 4 of the receiving Article 26. This history is limited to that preventive chain and does not reconstruct all effects on work–family rights and Social Security.
Article ten: new wording of Article 26 of the Act, published 6 November 1999 and effective 7 November 1999.
BOE-A-1999-21568Correction published 12 November 1999 replaces the identification of the person countersigning the law. It does not alter Article ten.
BOE-A-1999-21903Additional provision 12 of Organic Law 3/2007 amends the first paragraph of Article 26.2 and Article 26.4 of the Act; published 23 March 2007, effective 24 March 2007. It amends the receiving Act rather than rewriting Article ten of Law 39/1999.
BOE-A-2007-6115Text versions of the selected OSH provisions
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 06/11/1999 | 07/11/1999 | BOE-A-1999-21568 | Article Ten |
Transitional provisions and application notes
Suspension is not the automatic first response to pregnancy: the preventive sequence requires considering adaptation and transfer under Article 26.
Article TenOrganic Law 3/2007 later amended certification under Article 26.2 and breastfeeding protection under 26.4. In particular, suspension due to risk during natural breastfeeding must not be attributed entirely to the 1999 text.
Article TenCurrent application of protection or benefit claims requires consulting current Article 26 and the relevant specific rules. This historical record does not itself determine individual benefit entitlement.
Article Ten
Official BOE legal relationships
This record covers the history of the selected occupational safety and health provisions. The official analysis also provides the relationships affecting other subjects in the legislation.
Official BOE legal relationships
