Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. (a) The Committee refers to its previous comments concerning, inter alia, the application of Article 3, paragraphs 2 and 3 of the Convention, in which it noted that under section 153 of the Labour Code the pre-natal maternity leave is two weeks and the post-natal leave is six weeks, a total of eight weeks, whereas according to these provisions of the Convention the duration of maternity leave shall be at least 12 weeks of which six weeks shall be taken after confinement. It also refers to the observations made in March 1989 by the Ecuador Central of Working Class Organisations (CEDOC) concerning this question.

The Committee notes with interest from the Government's report that a Draft Legislative Decree has been elaborated so as to introduce amendments to sections 153 to 156 of the Labour Code which, once adopted, will bring the national legislation into conformity with these provisions of the Convention, as well as with its Article 3, paragraph 4 (extension of pre-natal leave until the actual date of confinement without reduction of post-natal leave) and Article 5, paragraph 2 (breaks for the purpose of nursing to be counted as working hours and remunerated accordingly). Since this matter has been the subject of comment for many years, the Committee hopes that such amendments will be adopted in the very near future so as to ensure the application of the above-mentioned provisions of the Convention.

(b) Article 4, paragraph 1. The Committee notes from the Government's report the intention of the Government to provide, in the above-mentioned legislative decree, for the extension of the period during which cash and medical benefits shall be granted, so as to coincide with the extended period of the maternity leave (12 weeks). It recalls that, according to the requirements of the Convention, the period during which cash and medical benefits are provided shall also coincide with any period of additional leave due as a result of illness arising out of pregnancy or confinement as well as error in estimating the date of confinement. The Committee hopes that the necessary legislative measures will soon be taken in order to meet these requirements of the Convention in respect of both women workers covered by the compulsory social insurance scheme, including domestic workers, and women workers covered by the peasants' social insurance scheme.

2. The Committee would be glad if the Government would supply statistics on the number of women workers covered both by the compulsory insurance scheme and by the peasants' social insurance scheme, and on their percentage in relation to all women workers of the country. It also asks the Government to continue to provide information on any further extension of the social insurance scheme so as to cover all the categories of women workers referred to in Article 1 of the Convention. [The Government is asked to report in detail for the period ending 30 June 1990.]