Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 3(c) of the Convention. With reference to its previous comments, the Committee notes from the Government's latest report that no comments have been made by the social partners on the draft text to amend section 102 of the Labour Code respecting maternity protection and that the text will be submitted to the Advisory Labour Commission for examination. The draft text (section 102ter) is designed to ensure that the whole of maternity benefits are provided for by the National Social Insurance Fund, in accordance with Article 3(c) of the Convention.

The Committee hopes that this draft text will be adopted in the near future. It requests the Government to indicate the progress achieved in this respect in its next report.

Article 4. The Committee also notes with interest that the protection against the dismissal of women workers set out in section 102bis of the above draft text covers not only the period during which the worker is on maternity leave, but also the whole period for which she is pregnant and a period of 12 weeks following confinement. It notes that protection against dismissal does not apply in the event of serious fault on the part of the woman. However, Article 4 of the Convention is worded in general terms and prohibits the dismissal of the woman during the period of her maternity leave or at such a time that the notice would expire during such absence. The Committee therefore hopes that the Government will be able to take the necessary measures to bring the above draft text into full conformity with the Convention on this point.