Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Article 1 of the Convention. With reference to the Committee’s previous comments on the scope of the legislation, the Government indicates that, due to constraints with regard to enforcement and especially for the reason that they are not covered by the maternity benefit laws, female domestic workers employed in private households, wage-earning women working at home and certain women agricultural workers still do not benefit from the protection guaranteed by the Convention. In these circumstances, the Committee hopes that the Government will be able to re-examine this issue and undertake all appropriate measures in order to extend the application of the legislation to all women workers, in conformity with this provision of the Convention. It trusts that the Government’s next report will contain information on the measures taken or envisaged and any progress made in this regard.

Article 2. Referring to its previous comments, the Committee notes with interest that, with regard to female workers in the public sector, section 18, Chapter XII, of the Establishment Code has been amended by Administrative Circular No. 16/96 of 17 June 1996, and presently provides that unmarried female workers are also eligible to maternity benefits. It would be grateful if the Government would provide a copy of relevant provisions of the Code as amended with its next report.

Article 3, paragraph 3. The Government indicates in its report that it has taken note of the need to establish compulsory postnatal leave of at least six weeks. The Committee recalls that section 2 of the Maternity Benefits Ordinance of 1939 still forbids an employer from making a woman work during the four weeks following her confinement, while under this provision of the Convention the period of compulsory leave after confinement shall in no case be less than six weeks. The Committee therefore expresses the hope that the Government will, in the very near future, take all the necessary measures to fully apply these provisions of the Convention.

Article 4, paragraph 1 (read in conjunction with Article 3, paragraphs 4, 5 and 6). In its previous comments, the Committee noted that in the event of delayed confinement or illness following pregnancy or confinement, a female employee may take supplementary leave but without remuneration. It consequently recalled that, in conformity with Article 4, paragraph 1, of the Convention, any extension of maternity leave resulting from the application of paragraphs 4, 5 and 6 of Article 3 must qualify for cash benefits. In its last report, the Government indicates that, while it has taken note of this matter, no action has so far been undertaken to amend the legislation in this sense. The Committee hopes that the Government’s next report will contain information on the measures taken or envisaged and any progress made in this regard.

Article 4, paragraphs 4 and 8. The Committee notes that cash and medical benefits are still provided by the employer and not by means of compulsory social insurance or by means of public funds. It further notes that, according to the Government’s report, any female worker admitted to a national hospital for a confinement would enjoy free medical services provided by the State. Recalling that, under the Convention, the employer shall in no case be individually liable for the cost of maternity cash and medical benefits, the Committee hopes that the Government’s next report will contain detailed information on the measures taken or envisaged to ensure that maternity benefits shall progressively be provided either by means of a compulsory social insurance system or from public funds, in accordance with these provisions of the Convention.

Article 5. The Government indicates in its report that Act No. 19 of 1954 on shop and office employees does not provide for interruptions of work for nursing of the child and that no policy decision has so far been taken to ensure that women covered by this Act shall be entitled to interruptions of work for the purpose of nursing; and that these interruptions must, in accordance with this provision of the Convention, be counted as working hours and remunerated accordingly. It therefore trusts that the Government will, in the very near future, take all the appropriate measures in order to give full effect to this provision of the Convention.

Article 6. The Committee notes that under the Establishment Code, there is no special provision to ensure stability of employment for public employees during their maternity leave. It further notes that, after getting the approval of the authority responsible for granting the leave, public employees are entitled to be away from their duty during maternity leave. The Committee recalls, however, that according to this provision of the Convention, national legislation shall explicitly forbid an employer from giving a notice of dismissal during the maternity leave period or at such a time that the notice would expire during such absence. It therefore trusts that the Government will indicate in its next report the measures taken or envisaged in order to bring the Establishment Code in conformity with the requirements of the Convention.

[The Government is asked to report in detail in 2004.]