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Article 4(4) and (8) of the Convention. Financing of maternity benefits. The Committee notes the indication provided by the Government in its report that, in accordance with section 1 of the Regulations of the Minister of Labour and Social Protection of the Population No. 1136 of 8 May 2002 “On the procedure for the entitlement and payment of benefits from state social insurance”, maternity benefits are paid by the extrabudgetary Pension Fund. The Committee also observes that, as per section 24 of the Decree of the President of the Republic of Uzbekistan No. PP-1245 of 22 December 2009 “On the forecast of main macroeconomic indicators and parameters of the state budget of the Republic of Uzbekistan for 2010”, the payment of maternity benefits to working women is assumed by employers. The Committee further observes that this provision is valid until 1 January 2020, according to section 42 of the Decree of the President of the Republic of Uzbekistan No. PP-4086 of 26 December 2018 “On the forecast of major macroeconomic indicators and parameters of the state budget of the Republic of Uzbekistan for 2019 and budget guidelines for 2020–2021”. Recalling that Article 4(4) and (8) of the Convention require maternity cash benefits to be provided either by means of compulsory social insurance or by means of public funds, and provide that employers shall in no case be individually liable for the cost of such benefits due to women employed by them, the Committee requests the Government to clarify whether maternity cash benefits are provided pursuant to the 2002 Regulations or the 2009 and 2018 Decrees of the President, and to supply more detailed information on the financing of such benefits.
The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which the Maternity Protection Convention (Revised), 1952 (No. 103), is in force should be encouraged to ratify the more recent Maternity Protection Convention, 2000 (No. 183) (see GB.328/LILS/2/1). The Maternity Protection Convention, 2000 (No. 183), reflects the more modern approach to maternity protection when addressing issues of health protection, maternity leave, maternity benefits, employment protection and non discrimination of employed women. Ratification of the Maternity Protection Convention, 2000 (No. 183), will involve the automatic denunciation of the outdated Maternity Protection Convention (Revised), 1952 (No. 103). The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying the Maternity Protection Convention, 2000 (No. 183), as the most up-to-date instrument in this subject area.

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With reference to its previous comments, the Committee notes the information provided by the Government as regards the implementation of Article 3(2) and (3) of the Convention and wishes to draw its attention to the following point:
Article 4(3), (4), (6) and (7) of the Convention. Cash and medical benefits. The Committee requests the Government to send further information on the national laws and/or regulations relating, in the context of social insurance, to maternity benefits and the nature of guaranteed prenatal and postnatal medical care, and medical care during the birth.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Articles 3, paragraphs 2 and 3, of the Convention. The Committee notes that section 233 of the Labour Code provides that employees are entitled to maternity leave of 70 calendar days before confinement and 56 calendar days following confinement. This section also provides that the maternity leave shall be considered as a whole and accorded in its totality to the women worker irrespective of the number of days actually taken before the date of confinement. The Committee would be grateful if the Government would clarify whether, and under which provisions, the national legislation guarantees, in accordance with this provision of the Convention, a period of compulsory leave after confinement of at least six weeks during which it is prohibited to employ women who have just given birth.

Article 4, paragraph 3. Medical benefits. The Committee would be grateful if the Government would communicate additional information on the nature of care provided before, during and after confinement. Please supply a copy of the legislative provisions under which these benefits are provided.

Article 4, paragraphs 4, 6 and 7. Cash benefits. In its report, the Government states that, according to section 282 of the Labour Code, all workers are subject to state social insurance. Section 286 of the Labour Code provides that these benefits are equal to the women’s previous wage and paid throughout the entire period of leave. The Committee would be grateful if the Government would provide additional information on the legal provisions governing the state social insurance (coverage, calculation of maternity benefits and, where appropriate, length of service requirements) and to provide copies of any relevant texts.

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The Committee notes the information provided by the Government in its report, as well as the comments formulated by the Council of Trade Unions Federation of Uzbekistan on the application of the Convention. It wishes to draw its attention to the following points.

Articles 3, paragraphs 2 and 3, of the Convention. The Committee notes that section 233 of the Labour Code provides that employees are entitled to maternity leave of 70 calendar days before confinement and 56 calendar days following confinement. This section also provides that the maternity leave shall be considered as a whole and accorded in its totality to the women worker irrespective of the number of days actually taken before the date of confinement. The Committee would be grateful if the Government would clarify whether, and under which provisions, the national legislation guarantees, in accordance with this provision of the Convention, a period of compulsory leave after confinement of at least six weeks during which it is prohibited to employ women who have just given birth.

Article 4, paragraph 3. Medical benefits. The Committee would be grateful if the Government would communicate additional information on the nature of care provided before, during and after confinement. Please supply a copy of the legislative provisions under which these benefits are provided.

Article 4, paragraphs 4, 6 and 7. Cash benefits. In its report, the Government states that, according to section 282 of the Labour Code, all workers are subject to state social insurance. Section 286 of the Labour Code provides that these benefits are equal to the women’s previous wage and paid throughout the entire period of leave. The Committee would be grateful if the Government would provide additional information on the legal provisions governing the state social insurance (coverage, calculation of maternity benefits and, where appropriate, length of service requirements) and to provide copies of any relevant texts.

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