Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Referring to its observation, the Committee requests the Government to provide complementary information on the following points.

Article 1 of the Convention. The Committee notes that it follows from section 75 of the Labour Act that temporary workers, i.e. workers employed by the same employer for a continuous period of less than six months, do not seem to benefit from the provisions of this Act in respect of maternity protection. It would be grateful if the Government would specify in its next report how it ensures the protection granted by the Convention to temporary workers.

Article 3, paragraphs 2 and 3. The Committee notes that, according to section 57(1) of the Labour Act, a woman worker, on production of a medical certificate indicating the expected date of her confinement, is entitled to a period of maternity leave of at least 12 weeks in addition to any period of annual leave. It would be grateful if the Government would specify in its next report the provisions of national laws or regulations providing for a period of compulsory leave of at least six weeks following confinement in conformity with these provisions of the Convention.

Article 4, paragraphs 3 and 8. The Committee notes the information supplied by the Government stating that the employers reimburse to the workers the expenses incurred by medical treatment. The Committee also understands that, in 2003, the National Health Insurance Act (No. 560) was adopted. While it recalls that the Convention prohibits that employers be held individually liable for the cost of medical benefits, the Committee would be grateful if the Government would communicate with its next report detailed information on the impact of this newly adopted legislation on the application of the Convention, as well as the types of medical benefits granted to women workers before, during and after confinement.

Part V of the report form. The Committee notes that certain documents mentioned in the Government’s report have not been received by the Office (collective bargaining agreements of certain industrial organizations, as well as an annual report on the labour inspections conducted) and would be grateful if the Government would communicate these documents along with other relevant documents with its next report.