Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 1 of the Convention. Workers insured under the rural workers’ social insurance scheme, part-time workers and workers in the “maquila” sector.  Please provide detailed information on the maternity protection scheme applicable to the above categories of workers.

Please also indicate how the provisions of Article 3, paragraphs 4 and 5, and Articles 4, 5 and 6 of the Convention are applied in the maternity protection scheme for public servants.

Article 3, paragraph 4. Late confinement. The Committee notes that section 152 of the Labour Code provides for a period of compulsory postnatal leave of ten weeks, which ensures, even in the event of a late confinement, that the period of six weeks’ compulsory postnatal leave established by the Convention is respected.

Article 4, paragraph 1, read in conjunction with Article 3, paragraphs 5 and 6. Right to extended paid maternity leave in the event of medical complications linked to maternity. The Committee notes that, under section 154 of the Labour Code, women workers who suffer complications linked to pregnancy or confinement are entitled to one year’s additional leave without pay. The Government indicates in this regard that, in cases of incapacity for work resulting from confinement, the insured person receives cash benefits for six months under the sickness insurance scheme. The Committee requests the Government to indicate the relevant legal provisions and whether identical benefits apply in the event of complications arising during pregnancy.

Article 6. Dismissal during maternity leave. The Committee notes that section 153 of the Labour Code provides that employers may not terminate a worker’s employment due to pregnancy. In this regard, it recalls that the purpose of the Convention is to provide full protection for workers on maternity leave against dismissal so that they are not upset by any external factor during this period. For that reason, the Convention prohibits the dismissal or giving notice of dismissal to a woman for any reason whatsoever during the period of maternity leave. Consequently, the Government is invited to re-examine the matter so as to bring the national legislation into full conformity with the Convention. In the meantime, the Committee requests the Government to provide further information on the manner in which section 153 mentioned above is implemented by the national courts. Please indicate whether women who are dismissed during their maternity leave continue to receive maternity benefit during the entire period of their leave, as well as the rules applicable with regard to the burden of proof in the event of dismissal during leave.