Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

With reference to its observation, the Committee wishes to draw the Government's attention to the following points.

Articles 1 and 3 of the Convention. The Committee notes that, according to section 2(3) of the new Labour Code of 1995, workers employed in the service of the State or legal persons governed by public law and covered by special rules are excluded, within the limits of those special rules and subject to the general principles of administrative law, from the terms of the Labour Code. The Committee would be grateful if the Government would indicate whether women employees in industrial or commercial establishments in the public sector can therefore be excluded from the scope of the Labour Code and to specify, where appropriate, any provisions which ensure that these workers enjoy the protection guaranteed by the Convention.

Article 3(a). The Committee notes that section 23.5 of the Labour Code does not make the postnatal period of leave compulsory, although under the terms of the Convention, women employees are not permitted to work during the six weeks following their confinement. However, the Government in its report cites as legislation giving effect to the provisions of the Convention Decree No. 67-265 of 1967, which in section 3 D 316 stipulates that "it shall be prohibited to employ women within six months of their confinement". The Committee understands from this that the provision in question is still in force and would be grateful if the Government would confirm in its next report that is indeed the case. The Committee also hopes that the Government will examine the possibility of incorporating this provision of Decree No. 67-265 of 1967 in the Labour Code in order to avoid any ambiguity in the implementation of Article 3(a) of the Convention.

Article 3(c). With reference to its previous comments, the Committee notes with interest that under the terms of section 23.6 of the Labour Code, the maternity benefit received by an employee during her maternity leave, and equal to her wages at the time her employment is interrupted, is now paid in its entirety by the National Social Insurance Fund. The Committee requests the Government to indicate whether section 62 of the Social Insurance Code, according to which a woman wage earner during her maternity leave should receive a daily allowance equal to half her actual wages at the time her employment is interrupted, has been amended accordingly.

Article 3(c), final phrase. The Committee notes that the Government in its report cites as legislation giving effect to the provisions of the Convention Order No. 25/TAS/CAB of 1966. This Order amended section 42 of the Regulations of the compensation fund which now stipulates that "when confinement occurs after the presumed date of confinement indicated on the medical certificate, the employee shall receive an amount equivalent to half her wages as a prenatal allowance until the actual date of delivery". The Committee requests the Government to indicate whether this provision is reflected in the internal regulations of the National Social Insurance Fund provided for under section 4 of the Social Insurance Code and whether the benefits referred to in section 42 now amount to the woman's full wages, in accordance with section 23.6 of the Labour Code.