Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3(a) of the Convention. Compulsory postnatal leave. The Committee notes with interest that pursuant to the resolutions taken at the pre‑forum meeting of the 2007 social forum, the issue of postnatal leave will be dealt with in the context of the Labour Code revision in order to specify that postnatal leave shall on no account be less than eight weeks. The Committee requests the Government to keep the Office informed of all progress towards supplementing the Labour Code with a provision specifying that postnatal leave of at least six weeks following confinement is compulsory, in accordance with this provision of the Convention and to provide a copy of any such provision.

Article 3(c). Receipt of maternity benefit in the event of a mistake in the presumed date of confinement. The Government indicates in its report that where confinement takes place after the presumed date, the law guarantees eight weeks of postnatal leave, as well as maternity benefit equal to the basic remuneration and any other allowances received prior to maternity leave. The Committee notes this information and requests the Government in its next report to provide a copy of the relevant legislative and regulatory provisions.