Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the information communicated by the Government in its report does not reply to the Committee's previous comments. It also notes that the Government no longer refers to the draft new Social Security Code. In these circumstances, the Committee is obliged to reiterate its previous comments which related to the following:

Article 1 of the Convention. The Committee trusts that measures will be adopted in the near future, both in law and practice, to ensure that women workers at home and women agricultural workers benefit from the protection set out in the Convention. It requests the Government to supply information on any progress achieved in this respect.

Article 3, paragraph 2. In its previous comments, the Committee noted that section 61 of the General Labour Act and the Supreme Decree No. 2291 of 7 December 1950 applicable to women workers in the public administration, provide for maternity leave of 60 days, whereas, according to this provision of the Convention, the minimum period of maternity leave must be 12 weeks. It had also noted that the social security legislation (section 31 of Decree No. 13214 of 24 December 1975 reforming the social security system) provides for payment of maternity benefits for a maximum period of 45 days before and 45 days after the confinement, provided that the insured person fulfils certain conditions. In this respect, the Committee reminds the Government, first, that section 31 of said Decree No. 13214 deals with the period during which the insured person is entitled to maternity benefits and does not, like section 61 of the General Labour Act, deal with the right to maternity leave; and, secondly, that the social security legislation does not cover all the categories of women workers protected by the Convention. The Committee therefore deems that it must stress once again the need to amend section 61 of the General Labour Act and the Supreme Decree No. 2291 which applies to women workers in the public administration, so as to prescribe leave of at least 12 weeks in accordance with the Convention and the national social security legislation and to avoid any contradiction between the various legislative provisions applicable.

Article 3, paragraph 4. The Committee hopes that the Government's next report will contain information on the measures taken or envisaged to include in the General Labour Act, the Social Security Code and the legislation in respect of public servants and public employees a provision allowing for the extension of pre-natal leave where confinement takes place later than the presumed date, without any reduction in the minimum post-natal leave period of six weeks prescribed by the Convention.

Article 4, paragraphs 5 and 8. The Committee once again hopes that the necessary measures will be taken in the near future to enable women workers who cannot claim entitlement to the benefits provided through the social security scheme or who are not yet covered by the scheme, to receive appropriate benefits either out of public funds or through public assistance schemes.

Article 5. In its previous comments the Committee noted that only section 61 of the General Labour Act contains a provision concerning nursing breaks. Public servants and employees, however, do not enter into the field of application of the General Labour Act. The Committee therefore trusts that the Government will adopt the measures necessary to ensure application of this provision of the Convention to this category of women workers.