Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Article 3(c) of the Convention. In reply to the Committee's previous comments, the Government indicates that no progress has been achieved as regards the adoption of the draft text to amend section 102 of the Labour Code, which is intended to ensure that the whole of maternity benefits are provided for by the National Social Insurance Fund, in accordance with Article 3(c) of the Convention. It adds that a new commission, chaired by the Minister for Employment and the Public Service, has been set up to revise the Labour Code. While noting this information, the Committee recalls that, according to the Government's previous report, this draft text had given rise to no comments by the social partners. In these conditions, and in view of the fact that the above draft text was prepared in 1988, the Committee is bound to insist once again that the amendment to section 102 of the Labour Code be adopted in the near future. It requests the Government to indicate the progress achieved in this respect in its next report.

Article 4. The Committee recalls that the protection against the dismissal of women workers set out in section 102bis of the above draft text does not apply in the event of serious fault on the part of the woman. However, Article 4 of the Convention is worded in general terms and prohibits the dismissal of the woman during the period of her maternity leave or at such time that the notice would expire during such absence. The Committee therefore hopes that the new provisions of the Labour Code, once they have been adopted, will continue to give effect to the Convention on this point.