Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Maternity Protection Convention, 1919 (No. 3) - Colombia (Ratification: 1933)

Other comments on C003

Observation

Direct Request

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Article 3(b) of the Convention. Duration of prenatal leave. The Committee notes the adoption of Act No. 1468, dated 30 June 2011, amending various sections of the Labour Code respecting maternity leave (duration, remuneration, premature and multiple births, prenatal and postnatal leave, prohibition of dismissal). It notes that under new section 236(3)(c), the medical certificate has to indicate the day from which leave is to begin, taking into account that it should commence at least two weeks before childbirth. The Committee also notes that new section 236(7)(a) provides that prenatal maternity leave shall be two weeks prior to the expected duly certified date of childbirth, with the possibility of transferring one of the two weeks until after childbirth if the mother so wishes. Noting this discrepancy, the Committee requests the Government to indicate whether the woman can benefit from prenatal leave of six weeks as provided for in Article 3(b) of the Convention.

Article 3(c). Provision of benefits to women who do not fulfil the conditions for entitlement to such benefits. The Committee notes that under the terms of sections 1 and 2 of Decision No. 414 of 11 May 2009, health entities (EPS) and compulsory compensation entities (EOC) shall recognize and pay maternity leave solely to contributing persons insured under the contributory scheme of the General Social Security Health System who are entitled to such benefits and providing that they have complied, throughout the pregnancy with the payment of all contributions due, including any interest for late payment. Section 3(2) of Decree No. 47 of 19 January 2000 specifies that, to receive financial benefits related to maternity leave the woman shall, as a contributing insured person, have paid contributions without interruption to the system throughout the pregnancy period. The Government adds that, in the absence of such payment, the employer is required to cover the benefits under the same conditions as they would have been provided by the EPS. Furthermore, under section 63 of Decree No. 806 of 30 April 1998, women who are not entitled to benefits under the social security system, as they have not completed the nine months of contributions required, shall receive financial benefits paid by employers. Finally, section 25(3) of Decree No. 1938 of 1994 makes the receipt of financial maternity benefits subject to compliance with a minimum period of contribution of 12 weeks prior to childbirth. The Committee requests the Government to: (1) specify the minimum period of contribution required to receive maternity benefits: nine months, 12 weeks prior to childbirth, or the whole period of pregnancy; (2) explain how it is possible for women workers to pay contributions during these periods if their maternity leave has to begin six weeks prior to childbirth (Article 3 of the Convention); and (3) confirm that it is the employer who is required to pay maternity benefits when women workers have not completed these contribution periods. Furthermore, emphasizing that the failure of the employer to pay contributions must not deprive the woman of her right to receive benefits, the Committee requests the Government to confirm that: (1) the employer is responsible for the payment of contributions on behalf of women workers employed by them; and (2) in cases where the woman employee does not receive financial benefits on the grounds of failure to pay contributions, the employer is required to pay the benefit instead of the social security institution.