Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report in reply to its previous observation has not been received. It also notes the information provided in 2006 and 2007 by the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP) reporting cases of the non-renewal of fixed-term contracts of women who are pregnant and on maternity leave in the public sector, and the Government’s reply to these comments. It further notes that new observations made by the above union organization were forwarded to the Government in October 2008. While awaiting the Government’s reply to this communication from the union, and considering the Government’s detailed report containing replies to the Committee’s 2003 observation, the Committee has decided to examine all of this information at its next session and to reiterate its previous comments, which read as follows:

The Government confirms that the Labour Code and the social insurance legislation also apply to women workers employed in export processing zones. The Government’s report also contains statistical information on the number of inspections carried out in the country and the cost of maternity benefits. Nevertheless, the Committee recalls that its previous observation concerned more specifically the manner in which the provisions relating to maternity protection (maternity leave, nursing breaks and protection against dismissal) contained in the Labour Code, as well as those relating to maternity benefits in the Organic Act respecting the Social Security Fund and its regulations, are applied in practice to women employed in export processing zones; it requested the Government to provide, for example, extracts of inspection reports or other official documents, statistics on the number of inspections carried out in export processing zones and the violations reported in the above zones. The Committee therefore trusts that the Government’s next report will not fail to include detailed information on this point and the statistics requested on the number of women employed in export processing zones who have received maternity benefits during the period covered by the report and the amount of such benefits.

A request on certain points is also being addressed directly to the Government.