Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the first report of the Government on the application of the Convention. It would be grateful if in its next report the Government would provide further information on the following points:

Article 1, paragraph 3(h), of the Convention. The Committee notes from the Government's report that the provisions of the Convention are applied to domestic work for wages in private households. The Committee also notes that under section 74 of the the term "worker" does not cover domestic servants for the purposes of several parts of this Act, including Part V; this seems to mean that women domestic workers are excluded from the scope of the provisions governing maternity protection. The Committee therefore hopes that the Government will provide, in its next report, information on measures taken or envisaged in order to ensure the full conformity of the national legislation with the above provision of the Convention, by guaranteeing coverage of domestic work for wages in private households.

Article 3, paragraph 4. Please indicate whether national legislation provides for the extension of maternity leave when confinement takes place after the presumed date and prohibits the reduction of the period of compulsory leave to be taken after confinement on that account.

Article 3, paragraphs 5 and 6. The Committee notes from the Government's report that the duration or extension of leave in cases of illness arising out of pregnancy or confinement is determined by the certificate of a medical officer or midwife. It also notes that under section 42(1)(b) of the Labour Decree the period of leave after confinement should be extended to at least eight weeks where the confinement is abnormal or where in the course of the confinement two or more babies are born. The Committee would be grateful if the Government would indicate, in its next report, the provisions of the national legislation under which additional leave before confinement and extension of the leave after confinement may be provided in cases of illness medically certified as arising out of the pregnancy or the confinement.

Article 4, paragraphs 1 and 3 (medical benefits). Please state whether women workers are entitled to receive medical benefits while absent from work on maternity leave. If so, please indicate the types of care included in the medical benefits guaranteed in accordance with paragraph 3 of this Article.

Article 4, paragraph 2 (rates of cash benefit). The Committee notes that under section 42(1)(g) of the Labour Decree a female worker should be paid remuneration in respect of maternity leave of at least 50 per cent of the remuneration she would have earned had she not been absent. It also notes the statement in the Government's report that a pregnant female worker is paid her full wage or salary during maternity leave. Please indicate whether rates of cash benefit corresponding to a woman's full wage or salary are fixed by national laws or regulations in conformity with this provision of the Convention.

Article 4, paragraphs 4, 5, 6 and 7. Please state whether cash and medical benefits are provided by means of compulsory social insurance or by means of public funds. Please give particulars concerning the system of financing of benefits as requested in the report form.

Article 4, paragraph 8. The Committee notes that under section 42(1)(g) of the Labour Decree the employer should pay a female worker on maternity leave remuneration in respect of such leave. In this regard the Committee would observe that under this provision of the Convention the employer should in no case be individually liable for the cost of maternity benefits. The Committee therefore hopes that the Government will take appropriate measures in the very near future in order to ensure the full conformity of the national legislation with the Convention. It asks the Government to provide in its next report information on any progress made in this connection.