Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3(c) of the Convention. Benefits in case of late confinement. In reply to the Committee’s previous comments, the Government reiterates that, where this is necessitated by their medical condition, pregnant women are granted additional leave in the form of remunerated sick leave. The Committee wishes to observe in this respect that this provision of the Convention seeks to ensure that, whenever confinement takes place later than initially expected, women on maternity leave should continue to receive benefits up to the date on which the confinement actually takes place, as well as for the six following weeks. The Committee would therefore be grateful if the Government would indicate whether in cases of late confinement a woman who has started her maternity leave six weeks before the estimated date of confinement, would be entitled to receive maternity or sickness cash benefits up to and until the end of the sixth week following the actual date of her confinement. Please also indicate the relevant provisions in this respect.

Benefits granted to women who do not fulfil the qualifying conditions. The Government indicates that women who do not qualify for benefits under the social security system because they have not made the full contribution for nine months, required by section 63 of Decree No. 806 of 30 April 1998, receive cash benefits paid by their employers. The Committee wishes to recall in this respect that the Convention provides that benefits sufficient for the full and healthy maintenance of mother and child need to be provided either out of public funds or by means of a system of insurance. This provision aims at protecting women in the labour market from gender discrimination in, inter alia, access to employment, and prohibits the imposition of liability on employers for the cost of benefits due to their women employees. The Committee therefore asks the Government to re‑examine the issue and to indicate in its next report the measures taken or envisaged in order to bring the national legislation into conformity with the Convention.

Application of the Convention in practice. Extension of the General Social Security System to all women employees. The Committee notes the information provided by the Government regarding the extension of the General Social Security System in Health to the entire country as well as the statistics on the number of women workers entitled to maternity benefits granted under the Compulsory Health Plan and the General Social Security System in Health (both under the contributory and the subsidized schemes). It also notes that, according to the information provided by the Government, the Social Security Act does not discriminate between public and private employees as regards, inter alia, the right to maternity benefits. It invites the Government to continue providing information in its future reports on the process of extension of the coverage of the General Social Security System in Health, and to indicate, in particular, the extent to which such extension has granted all women working in public or private industrial or commercial establishments the protection guaranteed by the Convention in case of maternity.