Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Maternity Protection Convention (Revised), 1952 (No. 103) - Mongolia (Ratification: 1969)

Other comments on C103

Direct Request

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition
Article 3(2) and (3) of the Convention. Compulsory leave after confinement. Article 6. Dismissal. In reply to the Committee’s previous comments, the Government states that the question regarding the introduction of the compulsory period of post-natal maternity leave and the prohibition of dismissal during the period of maternity leave will be taken into account during the planned revision of Mongolia’s Labour Law 1999, scheduled for 2010. The Committee requests the Government to provide the text of the revised Labour Law as soon as it is adopted.
Article 4(5). Adequate benefits out of social assistance funds. The Committee notes that the Law on Social Assistance guarantees a cash benefit to a mother for 12 calendar months starting from her fifth month of pregnancy, and that it has been paid to every eligible mother since 1 January 2007 regardless of her insurance coverage. The Committee requests a copy of the Law on Social Assistance, as well as of the Act of 2005 on granting benefits to mothers and children and rendering pecuniary aid for mothers, children and families.
Article 4(3). Medical benefits. The Government indicates that, according to section 28.1.3 of the Health Care Law 1998, all types of medical check-ups, examinations and treatment related to pregnancy and confinement prescribed by a doctor shall be borne by the State. Please provide a copy of this law and indicate the provisions which specify the nature and the scope of the prenatal medical care, care during confinement and post-natal care to which women workers covered by the Convention are entitled.
Part V of the report form. Application in practice. The Committee hopes that the Government will respond in its next report to the comments of the Confederation of Mongolian Trade Unions (CMTU) regarding the poor implementation of the legislation on maternity protection in practice. Please give a general appreciation of the manner in which the Convention is applied in Mongolia, including extracts from inspection reports, as well as information concerning the practical difficulties encountered in the application of the Convention.