Maternity in Labour and Social Security Law

Having children is the most natural right of every woman. Maternity is a physiological risk in women. Pregnancy, childbirth and care of the child is a very special, important and difficult process for female workers. Temporary reductions in the performance of female workers may occur during this process, or the employer may have to face some financial and legal obligations. The presence of life phenomena which can only be realized by women such as pregnancy, birth and breastfeeding, as a result of objective and biological differences between man and woman, necessitates the regulation of mothers' protection in terms of job security, occupational safety, social security rights and working conditions. With the protection of the mother, the health of the family and the child, which forms the basis of the society, is also protected. In many international documents and foreign legal systems, there are special regulations for the protection of female workers regarding the maternity, as well as regulations for the father to take care of the child, taking into account that the care of the child is not only the mother's responsibility. In Turkish law, significant changes have been made considering these regulations. Our purpose is to examine the regulations related to the subject in Turkish law by comparing with the regulations in foreign law and to determine whether they are sufficient. Our study consists of three parts. The first part addresses the concept of maternity and the effect of maternity on the establishment of the employment contract and the leaves of absence. In the second part, the effects of maternity on working conditions and termination of employment contract are explained. In the last part, the effects of maternity in social security law are examined. Keywords: Maternity, Maternity Leave, Part-Time Work Permit, Right to Part-Time Work, Maternity Insurance, Birth Borrowing.