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

Repetition

Article 2 of the Convention. Atypical forms of dependent work. The Committee notes the Government’s indication that since atypical forms of dependent work, as referred to in the report form, are uncommon and rarely encountered in Mali, no specific measures are contemplated for this type of work. The Committee wishes to point out in this respect that atypical forms of dependent work are not limited to home work, telework and temporary work but include all forms of non-standard or atypical work performed by women where an employment relationship exists or is deemed to exist in accordance with national law and practice because of the situation of dependency in which the work takes place. Article L.1 of the Labour Code defines a worker as a person who places his/her professional activity under the supervision of an employer in return for wages; in order to determine whether someone is a worker, no account shall be taken of the legal status of the employer or the worker. In view of the above, the Committee invites the Government to indicate what types of employment relationships existing in the country may be considered as atypical within the meaning of the Convention and how maternity protection of women in such forms of employment is ensured in practice. Please state any difficulties encountered in applying the provisions of the Labour Code to such categories of employees.

Article 3. Health protection measures. The Committee notes the information provided by the Government as regards the types of works considered to be prejudicial to the health of mother and child. It also notes that the labour inspection services can order the medical examination of women workers with a view to determining whether the work they perform is or is not prejudicial to their health (section L.188 of the Labour Code). The Ministries of Labour and Social Protection are responsible within the limits of their competencies for adopting the measures giving effect to this provision of the Convention. The Committee requests the Government to indicate whether the national legislation or practice provide for consultations with the representative organizations of employers and workers upon the adoption of measures ensuring that pregnant or breastfeeding women are not obliged to perform work considered as prejudicial to the health of the mother or the child. The Committee refers in this respect to Paragraph 6 of the Maternity Protection Recommendation, 2000 (No. 191), which suggests the types of measures to be taken with a view to avoiding exposing working pregnant and breastfeeding women at risk.

Article 4. Compulsory post-natal leave. The Committee notes that a combined reading of section L.179 and L.180 of the Labour Code entitles women workers to 14 weeks’ maternity leave, starting six weeks before the presumed date of childbirth. Seven consecutive weeks are compulsory, starting three weeks before the presumed date of childbirth and thus shortening the period of compulsory post-natal leave from six to four weeks. Please indicate whether the national representative organizations of employers and workers were consulted on this issue.

Article 5. Leave in case of sickness or complications. The Committee notes that, by virtue of section L.181 of the Labour Code, the period of maternity leave is extended by three supplementary weeks in case of pregnancy or childbirth related sickness. The Committee understands that, during this additional period, women on leave continue to receive cash maternity benefits and would be grateful if the Government would confirm in its next report whether or not such understanding is correct.

Article 8(1). Employment protection. Article L.183 of the Labour Code prohibits the dismissal of women while they are on maternity leave, including the period of supplementary leave in case of maternity related sickness. The Committee requests the Government to indicate what provisions ensure employment protection of women workers not only during maternity leave but for the entire period of pregnancy and a prescribed period after their return to work, in accordance with Article 8(1) of the Convention.

Article 8(2). Right to return to work. The Committee requests the Government to indicate how national legislation guarantees women workers the right to return to the same position or an equivalent position paid at the same rate at the end of their maternity leave.

Article 9. Non-discrimination. The Government states that there are no provisions in the Labour Code establishing penal sanctions in case of discrimination based on pregnancy and that the only remedy available is the compensation of damages. The Committee recalls that by virtue of Article 9 appropriate measures should be adopted to ensure that maternity does not constitute a source of discrimination in employment, including access to employment. The Committee therefore requests the Government to consider what additional measures, including the reparations and sanctions, may be deemed appropriate to combat maternity related discrimination in Mali with a view to giving better effect to this provision of the Convention and to provide detailed information on the steps taken with a view to developing a national strategy aimed at preventing maternity-related discrimination in employment, including access to employment.