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

Referring to its observation, the Committee wishes to draw the Government’s attention to the following points.

Article 3(d) of the Convention. In answer to the Committee’s comments, the Government indicates that in the course of the discussions that took place in the National Assembly in the context of the adoption of the Labour Code, women’s organizations stated that they were in favour of a 15-minute pause every three hours to allow breastfeeding at the workplace, in accordance with the provisions of section 143(2) of the Code. The Government adds that the social partners have the possibility, through collective agreements, of agreeing to other arrangements regarding working conditions such as a reduction of working time in order to take account of the particularities of the occupation. The Committee takes note of this information. However, it is bound to observe once again that the abovementioned provision of the Labour Code is inconsistent with the Convention, which provides that a female employee shall in any case, if she is nursing her child, be allowed half an hour twice a day for this purpose. The Committee therefore hopes that the Government will reconsider this matter and will take the necessary steps in the near future to bring section 143 of the Labour Code into line with Article 3(d) of the Convention.

Furthermore, in so far as the Convention does not specify that pauses for breastfeeding must be taken at the place of work, the Committee again requests the Government to provide information on the effect given in practice to section 143, including subsection 1, and to specify any measures in place for its enforcement.

Article 4. In its previous comments the Committee noted that under section 144 of the Labour Code, female employees who are pregnant or who have taken maternity leave may not be dismissed unless due cause has previously been established by the Minister for Labour. The Committee understands from the Government’s reply indicating that the Minister for Labour does not authorize the dismissal of women who are pregnant or who are on maternity leave, that this provision of the Labour Code is not applied in practice. It therefore hopes that there will be no obstacle to the Government’s taking the necessary steps to have section 144 of the Labour Code either formally repealed or at least restricted in scope, in order to give effect to Article 4 of the Convention under which it is unlawful for an employer to dismiss a women worker while she is on maternity leave or at such time as the period of notice would expire during the leave.