Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the comments dated 7 October 2005 of the National Federation of Public Employees (FENASEP) and the Government’s reply of 19 May 2006. FENASEP refers to the dismissal of two pregnant women. One involves an employee at the Legislative Assembly in respect of whom, according to the Government, steps have been taken to have her reinstated. The other, a social worker, had been employed for three years and nine months by the Ministry of Health before her dismissal. The Government states that the appointment was temporary and ended at the date foreseen and was not a dismissal on grounds of pregnancy. The Committee notes that having worked for the Ministry of Health for three years and nine months, the worker could legitimately expect her contract to be extended and that the non-renewal could be linked to her pregnancy, which would constitute discrimination under the Convention. Consequently, the Committee requests the Government to consider, in the context of its equality policy, measures needed to ensure that women on temporary contracts are not placed in a situation where they are vulnerable to discrimination because of pregnancy. Please also provide information on the legislation and measures adopted or envisaged to prevent discrimination on grounds of pregnancy. The Committee hopes that the Government will send the abovementioned information with its reply to the Committee’s observation and direct request of 2005.