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

With reference to its observation, the Committee notes that the Government’s report has not been received. It hopes that a report will be provided for examination at its next session and that it will contain full information on the points raised in its previous direct request, which read as follows:

Article 3(c) of the Convention. Maternity benefit provided to women who do not meet the conditions for entitlement under social insurance. In reply to the Committee’s previous comments, while recognizing that the national legislation does not fully comply with the Convention, the Government indicates that the payment to all women workers covered by the Convention of benefits provided out of public funds or by means of a system of insurance, even when the qualifying period laid down by the social security legislation is not fulfilled, would entail substantial expenditure which would not be possible in view of the economic crisis currently affecting the country. The Committee recalls that, by providing for maternity benefits to be provided out of public funds or by means of a system of insurance, rather than payable directly by the employer, this provision is intended to prevent maternity from being a source of discrimination when employing women. It hopes that the Government will be able to re-examine this issue regularly with a view to bringing its legislation into conformity with this provision of the Convention. The Committee requests the Government to indicate the progress made in this respect in future reports.

Article 3(d). The Committee notes that the 15-minute nursing breaks every three hours provided for by section 114 of the Labour Code are not, or are very rarely used in practice by women workers due to the distance between their homes and the workplace. The Committee wishes to emphasize that section 114 of the Labour Code gives women workers nursing their children the choice between 15-minute breaks every three hours or two half-hour breaks per day. Nevertheless, taking into account the difficulties of a practical nature mentioned in the Government’s report for women workers to exercise their right to nursing breaks, the Committee suggests that the Government examine the possibility of supplementing section 114 of the Labour Code with a provision permitting women workers to nurse their children, and for those who so desire, to benefit from a reduction in their working hours in place of their nursing breaks.