Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments, the Committee notes from the Government's report that there has been no change in the legislation and practice regarding the application of the Convention, but that the issues raised by the Committee are receiving attention from the Government. The Committee once again expresses the hope that appropriate measures will be taken soon to ensure full application of the following Articles of the Convention.

1. Article 1, paragraph 3(h), of the Convention (Scope). The Committee notes that the Government reiterates its intention, already expressed in the previous report, to put before the tripartite National Advisory Committee on Labour the question of the possible amendment of the definition of the term "worker" under section 74 of the Labour Decree. It therefore hopes that the Government will take the necessary measures in the near future in order to ensure full conformity of the national legislation with this provision of the Convention, by guaranteeing maternity protection to women engaged in domestic work for wages in private households.

2. Article 3, paragraph 4 (Duration of maternity leave). The Government states that steps would be taken to apply fully this provision. The Committee therefore hopes that the Government would be able to include in due time in the legislation a specific provision to extend the prenatal leave by any period elapsing between the presumed date of confinement and the actual date of confinement.

3. Article 3, paragraphs 5 and 6 (Extension of leave in case of illness arising out of pregnancy or confinement). In reply to the Committee's previous comments, the Government indicates that granting of sick leave to government employees is regulated by the General Orders 1951 edition (in particular, by sections 733, 737 and Appendix 25c) and to non-government employees by the relevant collective bargaining agreements. The Committee notes, however, that such provisions appear insufficient to ensure in all cases, in particular as far as women with less than five years' continuous service are concerned, additional leave in the case of illness arising out of pregnancy or confinement. The Committee hopes, therefore, that the Government will take the necessary measures in order to introduce a provision in the legislation giving expressly effect to Article 3, paragraphs 5 and 6, of the Convention.

4. Article 4, paragraphs 1 and 3 (Medical benefits). Further to its previous comments, the Committee notes that the question of medical benefit is still being studied by the Government. Recalling that there is no provision in the national legislation concerning entitlement to medical benefits, the Committee once again expresses the hope that the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention be entitled to medical benefits in accordance with this provision of the Convention.

5. Article 4, paragraph 2 (Rates of cash benefits). Further to its previous comments, the Committee notes with interest that article 26(c) of the collective agreement between the Public Services Workers' Union and the Management of the Volta River Authority, effective from 1 September 1975, provides for the payment to a woman worker during maternity leave of her basic wages or salary in full. The Committee would be glad if the Government would supply extracts of other recently concluded collective agreements in the private sector which contain similar provisions. The Committee also asks the Government to supply a copy of the administrative instructions in the civil service on paid remuneration in respect of maternity leave, which apparently was not attached to the Government's report (see also under point 6 below).

6. Article 4, paragraphs 4, 5, 6, 7 and 8. In reply to the Committee's previous comments, the Government indicates that the matters dealt with by these provisions of the Convention are still under discussion. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that the Government will be able in future to adopt measures giving full effect to these provisions of the Convention, which stipulate in particular that cash and medical benefits shall be provided either by means of compulsory social insurance or by means of public funds, and that in no case shall the employer be individually liable for the cost of such benefits.

The Committee hopes that the Government will indicate in its next report any progress made to fully meet the requirements of the Convention in the light of the above-mentioned comments. In this respect, it once again ventures to draw the Government's attention to the possibility of having recourse to the technical cooperation of the International Labour Office.