Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Maternity Protection Convention (Revised), 1952 (No. 103) - Equatorial Guinea (Ratification: 1985)

Other comments on C103

Observation

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The Committee notes with regret that the Government’s last report was received in 2004 and that the country is mentioned in a special paragraph of the 2015 report of the Conference Committee on the Application of Standards for its failure for many years to send reports on the application of ratified Conventions. The Committee expresses its deep concern in this regard and hopes that the Government will soon be able to send its report on the application of the Convention and reminds it that the technical assistance of the Office is at its disposal.

With reference to its previous comments on the application of Article 6 of the Convention, the Committee notes that, like Act No. 8/1992, sections 111 and 112 of Act No. 2/2005 of 9 May 2005 on public servants allow women workers to be dismissed for gross misconduct following the appropriate disciplinary procedure. In previous reports, the Government indicated its intention to amend the legislation so that any misconduct by pregnant workers would give rise to a disciplinary procedure at the end of the period of maternity or postnatal leave. The Committee hopes that the Government will take all the necessary measures to establish a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.