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Maternity Protection Convention, 2000 (No. 183) - San Marino (RATIFICATION: 2019)

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The Committee notes the Government’s first report.

Article 4(5) read together with Article 6, (1) of the Convention. Provision of maternity cash benefits throughout the entire duration of the maternity leave. The Committee takes note of the information provided by the Government that maternity leave is provided for 150 days and it can start from 90 to 60 days before the presumed childbirth. The Committee observes in this regard that according to section 20 of Law No. 42/1955, on the establishment of social security, if the birth occurs after the presumed date and 90 days of maternity leave have already elapsed, maternity cash benefits are suspended until the childbirth. The Committee wishes to recall 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, and that under Article 6(1) maternity cash benefits shall be provided to women absent from work due to maternity leave. In this context,the Committee requests the Government to adopt the necessary measures to ensure that maternity cash benefits are provided to women throughout the entire duration of maternity leave, without interruptions, regardless of whether childbirth occurs after the presumed date.

Article 5. Leave in case of illness or complication. The Committee takes note of the information provided by the Government that maternity leave may start from 90 to 60 days before the presumed date for the childbirth and, regardless of the commencement of the leave, postnatal leave is mandatory for 60 days. The Committee also takes note that according to section 4 of Law No. 30/1977, on provisions governing the payment of allowances for temporary incapacity for work, the maximum period of payment of maternity cash benefits is 90 days after childbirth. The Committee recalls that, according to Article 5 of the Convention, leave shall be provided before or after the maternity leave period in the case of illness, complications or risk of complications arising out of pregnancy or childbirth. The Committee accordingly requests the Government to indicate: (i) which type of leave is provided to women who are absent from work due to illness, complications or risks of complication deriving from pregnancy or childbirth after the maternity leave has elapsed; and (ii) whether cash benefits are provided, at what level and for how long.

Article 6(6). Adequate benefits out of social assistance funds. The Committee takes note that, according to section 51 of Law No. 42 of 22 December 1955, on establishing a compulsory social security system, persons without means of subsistence, unable to work and without social security benefits, may be granted daily allowances in proportion to their needs, which levels and modalities of their disbursement shall be determined year by year by the Commissione per l’Assitenza. In view of the above, the Committee requests the Government to indicate which modalities of subsidies, as well as their levels, are provided to women workers who do not qualify for social insurance maternity benefits, in case of maternity or in respect of their children, to ensure that they can maintain themselves and their children in proper conditions of health and with a suitable standard of living, as required by Article 6(2) of the Convention.

Article 9(2). Prohibition of pregnancy tests. The Committee takes note of the information provided by the Government that it is prohibited to require a woman applying for a job to present a certificate indicating whether she is pregnant or not. Furthermore, it indicates that Decree No. 130/2021 stipulates that no gender-related indications are allowed in a job application. The Committee recalls that Article 9(2) of the Convention requires measures be taken to prohibit employers from requiring a test for pregnancy or a certificate of such a test when a woman is applying for employment. The Committee therefore requests the Government to indicate, in the absence of specific provisions in the national legislation prohibiting pregnancy tests, how it is ensured that women who are applying for employment are not required to do a test for pregnancy or to present a certificate of such a test, and to provide information on the penalties applied in cases of violation.