Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information provided by the Government in its last report. It also notes the entry into force, on 30 November 2001, of Social Security Act No. 2001-55. In view of the fact that the report does not refer to any measures taken to give effect to the comments that it has made on several occasions, the Committee is bound to draw the Government’s attention once again to the points it has raised previously.

1. Article 3, paragraph 4, of the Convention. The Committee expresses the firm hope that the Government will take all the necessary measures to bring the national legislation into conformity with this provision of the Convention by including in the Labour Code a provision explicitly providing that in the event of a late confinement, the leave before the presumed date of confinement will be extended until the actual date of confinement and the period of compulsory leave to be taken after confinement will not be reduced on that account.

2. Article 5, paragraphs 1 and 2. The Government indicates in its report that the Committee’s comments relating to this provision are taken into account by section 155 of the Labour Code. However, the Committee notes that this section no longer explicitly provides, since it was amended by Act No. 133 of 1991, for the right of women workers employed in enterprises with over 50 workers, which are under the obligation to provide a crèche by virtue of subsection 1 of section 155, to interrupt their work to nurse their children, in accordance with the provisions of the Convention. The Committee therefore once again draws the Government’s attention to the need to introduce into the legislation a provision explicitly guaranteeing to all women working in enterprises to which the Convention is applicable interruptions of work for the purpose of nursing which are to be counted as working hours and remunerated accordingly, in accordance with Article 5, paragraphs 1 and 2, of the Convention. It trusts that the Government will take the necessary measures for this purpose in the near future and that, when it does so, the duration of interruptions of work for nursing a child will be determined so as to take into account the real needs of mothers and children.

The Committee also hopes that, in the case of women workers employed in enterprises which do not have a crèche, the necessary measures will be taken to supplement subsection 3 of section 155 of the Labour Code, under which women who are nursing their child shall benefit from a working day of six hours, by specifying that this reduced working day shall be counted as a full working day and remunerated accordingly.

3. The Committee notes from the Government’s report that the statistics requested previously on the number of women workers employed in industrial enterprises and in non-industrial and agricultural work who are covered by the compulsory insurance system or by the rural workers’ social insurance scheme as a proportion of the total number of women workers (including women wage earners working at home) are still not available, but should be forthcoming soon. It trusts that the Government will be in a position to provide the requested statistics with its next report.