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

Convention (n° 183) sur la protection de la maternité, 2000 - Lettonie (Ratification: 2009)

Autre commentaire sur C183

Observation

2021
2013

Demande directe

2011

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Article 6(7). Medical benefits. In its previous comments, the Committee asked the Government to specify how medical care was provided following the period of 42 days after childbirth during which women are exempted from sharing the cost of maternity related health care (Regulations No. 611 of 25 July 2006). In its reply, the Government indicates that, should a treatment have begun prior to the elapsing of the 42 postnatal day limit and need to be continued thereafter, co-payment by the insured woman would not be required. Taking due note of this information, the Committee recalls that the Convention requires free of charge prenatal, childbirth and postnatal care, as well as hospitalization care when necessary, to be provided at least during the entire period of maternity leave. In Latvia, the duration of postnatal maternity leave is 56–70 days while the legislation only provides for free of charge medical care during the first 42 days following childbirth. The Committee therefore asks the Government to indicate the measures it intends to take with a view to harmonizing the national laws and regulations with this provision of the Convention.

Article 6(3). Level of cash benefits. In its report, the Government refers to the temporary measures imposing restrictions on social insurance benefits, including maternity benefits, indicating that a discussion is under way concerning the abolition of restrictions from January 2014. The Committee notes that, as a result of these measures, between 2009 and 2012, the report indicates that the average amount of maternity benefits lost about 45 per cent of its value in real terms, taking into account the decrease of 15 per cent in the average level of earnings in the country. It also observes that, since the beginning of 2013, following amendments to the Law on Payment of State Allowances, the level of benefits rose thus narrowing the gap with the 2009 average level down to 35 per cent. The Committee also notes that, according to information from EUROSTAT, in 2011, Latvia was among the European Union countries with the highest share of persons at risk of poverty or social exclusion – 40 per cent of the population, and the highest proportion of low wage earners – 27.8 per cent. It was also one of the countries with the highest tax burden on these workers.

In view of the concurrent decrease of wages and benefits calculated as a percentage of those wages, the Committee would like the Government to indicate for which categories of women workers the replacement rate of 80 per cent of insurable earnings established by the national legislation for maternity benefits will be insufficient for the maintenance of the mother and child in proper conditions of health and with a suitable standard of living as prescribed by Article 6(2) of the Convention, compared to at-risk-of-poverty level and subsistence level determined in the country. In addition, with respect in particular to low wage earners, the Committee wishes to emphasize that these workers form the most important category of persons protected by the Convention. Should this category of workers not receive benefits sufficient to ensure life in health and decency as required by the Social Security (Minimum Standards) Convention, 1952 (No. 102), this would demonstrate that the social security system operates below at-risk-of-poverty level and possibly even below the subsistence level. The Committee consequently requests the Government to also supply information on how maternity benefits paid to low wage earners relate to the poverty and subsistence levels determined in the country.

Article 6(1). Suspension of cash maternity benefits. Referring to its previous comments, the Committee notes the Government’s indication that maternity benefit is suspended in accordance with section 5(6) of the Law on Maternity and Sickness insurance in case the beneficiary has relinquished the care and upbringing of her child. In such cases, in accordance with the procedure specified in subparagraph 18.5 of Cabinet Resolution No. 152 of 3 April 2001 establishing the procedure for granting sick-leave certificates, a woman would be granted sickness benefit (at the same replacement rate as maternity benefit) to ensure her rehabilitation and recovery of her working capacity after giving birth. While taking note of this information, the Committee observes that the woman may recover her working capacity before the insured person has used up her fully paid maternity leave. It therefore asks the Government to indicate whether, in the situation mentioned above, the insured person is guaranteed to receive cash benefits for the entire period of remaining maternity leave after childbirth.

Other cases of suspension of cash benefits. The Committee further notes that maternity benefits are also suspended pursuant to the above provision of the Law on Maternity and Sickness insurance: (i) where a woman cannot care for her child during a period of up to 42 days after birth due to sickness, injury or other health-related reasons; or (ii) in case of child abandonment. As regards the first case of suspension, the Committee understands that, during the suspension of maternity benefits, sickness benefit would be provided so as to allow maternity benefit to resume being paid upon recovery from illness. The Government is asked to confirm that such is indeed the case. As regards the suspension of maternity benefit in case of child abandonment, the Committee asks the Government to specify whether the above 2001 Cabinet Resolution applies to this case of suspension and entitles the insured person to sickness benefit and to indicate whether such a benefit would be paid for the entire period of the remaining maternity leave.

Replacement of maternity leave by sick leave. The Committee notes that, in Latvia, an insured person is entitled to sickness benefit for 26 weeks from the first day of incapacity if incapacity has been continuous, or 52 weeks over a three-year period if incapacity has been repetitive. In the event that sick leave is provided where an insured woman has relinquished the care and raising or has abandoned her child, this could result in a deduction of up to ten weeks from the sickness benefit entitlements, whereas the insured woman had contributed and qualified for maternity benefits corresponding to the entire duration of maternity leave, that is between 16 and 20 weeks. The Committee wishes to emphasize that such a measure would have the effect of depriving the insured person, firstly, of her maternity benefit entitlements and therefore does not comply with Article 6 of the Convention and, secondly, of unduly shortening her right to sickness benefits in the postnatal period when she might need them most. In both cases, it may lead to discrimination against women contrary to Article 9 of the Convention pursuant to which maternity shall not constitute a source of discrimination in employment. Sickness benefit and maternity benefit normally constitute distinct contingencies covered by separate branches of social security for which corresponding contributions are paid by the insured persons. Replacing one by the other, instead of providing both with full durations, would not seem fair from the point of view of the equitable balance between rights and contributions. The Committee would therefore like the Government to reconsider the rationale of maintaining the abovementioned provisions of section 5(6) of the Law on Maternity and Sickness insurance in their current form in the light of these considerations.

Article 4(4). Compulsory postnatal leave. The Committee notes that, with a view to protecting both women’s health and the right to return to work, the Labour Law provides for compulsory postnatal leave of two weeks, which is shorter than the six-week period required by the Convention. The Committee asks the Government to indicate whether the representative organizations of employers and workers at the national level were consulted by the Government and agreed to this reduction of the duration of compulsory postnatal leave.

Article 2. Public employees. Please provide detailed information on the manner in which each of the provisions of the Convention is applied to public sector employees.