Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its observation and to its previous direct request, the Committee wishes to draw the Government's attention to the following points:

1. Article 3(a), (b) and (c) of the Convention. (a) Section 236 of the Labour Code, as amended by Act No. 50 of 1990, provides that women workers are entitled to maternity leave of 12 weeks, without, however, specifying that a woman shall not be permitted to work during the six weeks following her confinement, as set out in Article 3(a) of the Convention.

(b) Section 236 of the Labour Code, as amended, contains no provision that lays down, in accordance with Article 3(c) of the Convention, that pre-natal leave shall be prolonged when the confinement takes place after the presumed date of confinement.

(c) Section 236, as amended, provides that women may reduce their maternity leave to 11 weeks by ceding the remaining week to their spouse or companion so that he can provide them with the necessary care during confinement and in the initial post-confinement phase. Similar provision is introduced into section 16 of Decree No. 770 of 1975 relating to health and maternity insurance, as amended by Decree No. 960 of 12.4.91. While noting the possibility set out in the above provisions of granting parental leave to the father, the Committee however wishes to draw the Government's attention to the fact that the grant of such leave cannot be imputed upon of the period of maternity leave provided for by the Convention.

The Committee therefore reiterates its hope that the Government will be able to indicate the measures that have been taken or are envisaged to bring the national legislation - section 236 of the Labour Code and section 33 of Decree No. 1848 of 1969, which are applicable to women working in the public sector, as well as section 16 of Decree No. 770 of 1975 as amended by Decree No. 960 of 12.4.91 - into conformity with the above points.

2. The Committee also hopes that it will be possible to take measures to formally bring section 33 of Decree No. 1848 of 1969 into conformity with section 34 of Act No. 50 of 28 December 1990, which provides for maternity leave of 12 weeks and which specifies that this protection also applies to women working in the public sector.