Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Repetition

Article 3(c) of the Convention. Maternity cash benefits. The Government indicates that it is currently impossible, due to functioning difficulties, for the National Social Security Fund to assume the payment of the whole maternity benefit, 50 per cent of which is still paid by the employer in accordance with section 106(4) of Act No. L94/006/CTRN issuing the Social Security Code. The Government adds, however, that it will work progressively towards ensuring that national legislation is brought into line with the Convention, Article 3(c) of which provides that, while a woman is absent from her work for maternity reasons, she is entitled to benefits sufficient for the full and healthy maintenance of herself and her child, provided either out of public funds or by means of a system of insurance. In this regard, while noting the Government’s intention to request technical support from the Office in order to achieve this objective, the Committee hopes that the Government will, in its next report, provide an indication of the progress made towards ensuring the full application of the Convention, and that it will take action to ensure that the payment of maternity benefit is not assumed, even partially, by employers, in so far as this is inconsistent with the provisions of the Convention and involves the risk of harmful consequences for the employment of women.

Article 4. Dismissal during maternity leave. As regards the possibility of dismissing a woman worker during her maternity leave in the event of serious misconduct, as provided for in section 63 of Ordinance No. 003/PRG/SGG/88 of 1988 issuing the Labour Code, the Government indicates that, although this provision is inconsistent with the Convention, it has not, as yet, given rise to any complaints from the social partners. The Government adds that it remains sensitive to the Committee’s comments, which remind it that, under Article 4 of the Convention, it is unlawful for an employer to dismiss a woman worker, for any reason whatsoever, while she is absent on maternity leave, or to give her notice of dismissal at such a time that the notice would expire during her absence.

The Committee also notes that, according to the Government, every effort will be made to take the necessary measures to bring national legislation into line with the Convention, and it once again expresses its hope that the Government will, in its next report, provide details of the measures taken in practice to give effect to this provision of the Convention.

Finally, the Committee would be grateful if the Government’s next report could include, in accordance with Part V of the report form, statistics relating to the application of the Convention in practice, particularly as regards the cost of different medical and cash benefits and the number of contraventions reported and sanctions imposed in the case of failure to observe the national legislation on maternity protection.