Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Repetition

The Committee notes that there has been no change in legislation or administrative regulations regarding the application of the Convention, but that the Government has communicated the concerns raised by the Committee in its previous observation to the sector minister for consideration and possible amendment of the law. The Committee expects the Government to take measures on the following points.

Article 3(2) and (3) of the Convention (compulsory leave). To specify a period of compulsory leave of at least six weeks following confinement in the Labour Act.

Article 3(4) (extended prenatal leave). To include a provision establishing an extension of the prenatal leave until the actual date of confinement when the confinement takes place after the expected date in the Labour Act.

Article 4(3), (4) and (8) (cash and medical benefits). To ensure that cash maternity benefits are provided by means of compulsory social insurance or out of public funds and not paid by the employers in the public and private sectors.

In this respect, the Committee notes with interest the information received from the Government on the Special Fund within the National Health Insurance Scheme (NHIS), which provides for free medical care before, during and after confinement for every pregnant woman, both in the formal and informal sector of the economy and irrespective of membership of the NHIS. The Committee asks the Government to inform the Committee in its next report about the implementing regulation of the Special Fund and the National Health Insurance Act, 2003 (No. 650), and to indicate whether they will shift liability for the costs of medical benefits from employers to a public fund or compulsory social insurance scheme, in conformity with the Convention.

Article 6 (prohibition of dismissal). The Committee notes that section 57(8) of the Labour Act provides that an employer cannot dismiss a woman worker because of her absence from work on maternity leave and that section 63(2)(e) further provides that employment is terminated unfairly if the only reason for termination is the pregnancy of the worker or the absence from work during maternity leave. In contrast, the Convention does not allow notice of dismissal to be made on any ground during the protected period when a woman is absent from work on maternity leave, nor at such time that the notice would expire during such absence. The Committee invites the Government to consider amending sections 57(8) and 63(2)(c) of the Labour Act to bring it into conformity with this Article of the Convention.