Observatory

INL: clarifications on pre- and post-partum prohibition

11 August 2025

The National Labour Inspectorate, with note no. 5944 of 8 July 2025, intervened on the subject of measures prohibiting working mothers from working, both before and after childbirth.

Among the various points of note regarding inspection activities and the checks that these entail at companies, the note emphasised the central role of the Risk Assessment Document (DVR): in fact, if the DVR reveals the presence of risks for pregnant workers or workers in the post-partum period and it is not possible to assign them equivalent and compatible alternative tasks, the Inspectorate may order a work ban.

The note also reiterated that the request for early suspension from work can be submitted by either the employee or the employer, using the appropriate form available on the INL portal; However, if the request is made by the employer, they must justify the impossibility of reassigning the worker to another compatible job, also taking into account the efficiency of the company organisation.

Finally, the note emphasised that the prohibition measure must be adopted by the National Labour Inspectorate within seven days of receiving the complete documentation submitted by the worker or employer. Only in the event of missing documentation or unclear elements may an on-site inspection be necessary.

It is important to remember that any prohibition takes effect from the date of adoption of the measure by the Inspectorate and not from the date of submission of the application. In the event of rejection, it is also clarified that the Inspectorate will be required to justify its decision and to guarantee the right of the interested party to be heard, as required by current legislation.

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