CMNT_TITLE

Repetition

Article 4(5) of the Convention. Compulsory postnatal leave. The Committee notes that section 154(3) of the Labour Code provides that when childbirth occurs before the presumed date, the period of the suspension of the employment contract may be extended until the employee completes the 14 weeks of contract suspension to which she is entitled. It also notes that the legislation does not refer to the possibility of childbirth occurring after the presumed date. Recalling that under Article 4(5) of the Convention, the prenatal portion of maternity leave shall be extended by any period elapsing between the presumed date of childbirth and the actual date of childbirth, without reduction in any compulsory portion of postnatal leave, the Committee requests the Government to confirm whether employees who give birth after the presumed date continue to benefit from the compulsory postnatal leave of seven weeks envisaged by section 153 of the Labour Code.

Article 8(1) in conjunction with Article 9. Employment protection and non discrimination. Employees on fixed-term contracts. The Committee notes that section 159 of the Labour Code provides that the employer may not terminate the employment contract of a woman during her pregnancy as attested by a medical certificate, during both the period of pregnancy and the 14 weeks following childbirth. In addition the employer may not terminate the contract of an employee during the period of suspension resulting from a medical condition as attested by a medical certificate and resulting from pregnancy or childbirth. Section 160 adds that these provisions shall not prevent the expiry of a fixed-term contract. The Committee requests the Government to indicate whether national courts have heard any cases of employees lodging complaints of discrimination due to the non-renewal of a fixed-term contract when they were pregnant or on maternity leave.

Article 8(1). Protection against dismissal during the nursing period. Section 159 mentioned above provides for the protection scheme against dismissal during pregnancy and maternity leave, but it does not explicitly mention the nursing period, which should also be covered under Article 8(1) of the Convention. The Committee requests the Government to specify whether and under which provisions employees benefit from protection against dismissal during the nursing period.