Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes from the information provided by the Government in its first report that, as the Employment Act is outdated, the Government considers it a priority to amend this legislation with a view to bringing it into conformity with the Convention. The Committee also notes that, following its ratification, the Convention was submitted to the National Tripartite Consultative Council for further deliberation regarding the practical application of its provisions. The Committee welcomes this information and trusts that the Government will therefore be able to take all the necessary measures in the near future to amend the national legislation so as to give full effect to the Convention in both law and practice. It also requests the Government to provide information on the following points.

Article 1 of the Convention (Scope of application). Private sector. The Committee requests the Government to indicate in all future reports whether use has been made of section 4 of the Employment Act and, if so, to provide a copy of any notice published to this effect in the National Gazette.

Public services. The Committee notes, from the information contained in the Government’s report, that under the terms of General Order No. 14 issued under the Public Services (Management) Act, probationary and casual employees are excluded from the maternity protection provisions. The Committee requests the Government to indicate whether, in which manner and under which provisions, employees as defined under section 2 of the Public Services (Management) Act benefit from maternity protection. Please also provide information on the duration of the probationary period in both law and practice.

Teaching. The Committee requests the Government to indicate whether, in what manner and under which provisions, auxiliary and associate auxiliary members of the teaching service benefit from the protection afforded by the Convention in so far as, under the terms of section 5 of the Teaching Service (Auxiliary Members) Act, 1973, the Teaching Service Act, 1988, does not apply to auxiliary members or associate auxiliary members, subject to any provisions to the contrary in the regulations or general orders.

Article 3, paragraphs 2 and 3. Private sector. Section 100(3) of the Employment Act provides that the period of maternity leave includes the period necessary for hospitalization prior to confinement and six weeks following confinement. Furthermore, under section 100(1), only employees who have worked for the employer for not less than 108 days within the period of 12 months or for not less than 90 days within the period of six months immediately preceding the grant of leave, benefit from this right. The Committee recalls that, in accordance with the above provisions of the Convention, the period of maternity leave shall be at least 12 weeks and shall include a period of compulsory leave of six weeks after confinement; furthermore, the maternity leave shall be granted as of right and no qualifying period may be imposed. The Committee therefore hopes that the Government will be able to take the necessary measures to give full effect to the Convention on these points.

Public services. Please indicate the measures adopted or envisaged to guarantee women officials compulsory maternity leave of at least six weeks following confinement.

Teaching. In accordance with section 114 of the Teaching Service Act, the Teaching Service Commission may grant to a female member of the teaching service maternity leave, or direct that she takes maternity leave, for such period and on such terms and conditions as are determined by the Commission. The Committee requests the Government to provide information on the manner in which section 114 of the Teaching Service Act is applied in practice, and to provide the text of any administrative or other arrangements adopted in this respect by the Teaching Service Commission.

Article 3, paragraphs 4 and 5. Please indicate the manner in which effect is given in the private sector, public services and teaching service to the provisions of paragraph 4 (extension of leave in the event of an error in the presumed date of confinement) and paragraph 5 (additional prenatal leave in the event of illness arising out of pregnancy) of this Article of the Convention.

Article 3, paragraph 6. Please indicate whether and under which provisions effect is given in the teaching service to paragraph 6 of this Article of the Convention (extension of postnatal leave in the event of illness arising out of confinement).

Article 4. The Committee notes the Government’s statement that Papua New Guinea does not have any compulsory social insurance schemes providing cash or medical benefits, although there are some private insurance schemes offering cash benefits for maternity. The Committee hopes that the Government will be able to indicate in its next report the progress achieved with a view to the application of this Article of the Convention, which envisages for all women fulfilling the required conditions the right to receive, throughout the period set forth in Article 3 of the Convention, cash and medical benefits, either by means of compulsory social insurance or by means of public funds. In this respect, the Committee is bound to draw the Government’s attention to the provisions of paragraphs 1 to 8 of Article 4. It also wishes to recall that in no case may entitlement to maternity cash benefits be made conditional upon the existence of maternity leave entitlement.

Article 5. The Committee notes the information provided by the Government in its report that General Order No. 14 gives discretion to the departmental head to grant leave to a female officer for breastfeeding for periods not exceeding one hour twice on each day for a period not in excess of six months from the date of birth of the child. The Committee requests the Government to indicate the manner in which departmental heads exercise this discretion in practice.

The Committee further requests the Government to provide a copy of Industrial Award No. 11 of 1997 concerning other maritime workers in Papua New Guinea, with an indication of the categories of workers to which this Award applies. Please also provide a copy of General Order No. 14 issued under the Public Services (Management) Act.