ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Maternity Protection Convention, 1919 (No. 3) - Guinea (Ratification: 1966)

Display in: French - Spanish

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Further to its previous comments, the Committee notes the Government’s indication that a study is planned which will enable a new Social Security Code to be adopted. The Committee hopes that the adoption of the new Social Security Code will contribute to a better application of the Convention and requests the Government to keep the Office informed of any developments in this respect.

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

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.
The Committee further 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.
Article 3(c) of the Convention. Maternity cash benefits. The Government indicates that it is currently impossible, due to functioning difficulties, for the National Social Security Fund to assume the payment of the whole maternity benefit, 50 per cent of which is still paid by the employer in accordance with section 106(4) of Act No. L94/006/CTRN issuing the Social Security Code. The Government adds, however, that it will work progressively towards ensuring that national legislation is brought into line with the Convention, Article 3(c) of which provides that, while a woman is absent from her work for maternity reasons, she is entitled to benefits sufficient for the full and healthy maintenance of herself and her child, provided either out of public funds or by means of a system of insurance. In this regard, while noting the Government’s intention to request technical support from the Office in order to achieve this objective, the Committee hopes that the Government will, in its next report, provide an indication of the progress made towards ensuring the full application of the Convention, and that it will take action to ensure that the payment of maternity benefit is not assumed, even partially, by employers, in so far as this is inconsistent with the provisions of the Convention and involves the risk of harmful consequences for the employment of women.
Article 4. Dismissal during maternity leave. As regards the possibility of dismissing a woman worker during her maternity leave in the event of serious misconduct, as provided for in section 63 of Ordinance No. 003/PRG/SGG/88 of 1988 issuing the Labour Code, the Government indicates that, although this provision is inconsistent with the Convention, it has not, as yet, given rise to any complaints from the social partners. The Government adds that it remains sensitive to the Committee’s comments, which remind it that, under Article 4 of the Convention, it is unlawful for an employer to dismiss a woman worker, for any reason whatsoever, while she is absent on maternity leave, or to give her notice of dismissal at such a time that the notice would expire during her absence.
The Committee also notes that, according to the Government, every effort will be made to take the necessary measures to bring national legislation into line with the Convention, and it once again expresses its hope that the Government will, in its next report, provide details of the measures taken in practice to give effect to this provision of the Convention.
Finally, the Committee would be grateful if the Government’s next report could include, in accordance with Part V of the report form, statistics relating to the application of the Convention in practice, particularly as regards the cost of different medical and cash benefits and the number of contraventions reported and sanctions imposed in the case of failure to observe the national legislation on maternity protection.

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

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 direct request, which read as follows:
Repetition
Article 3(c) of the Convention. Maternity cash benefits. The Government indicates that it is currently impossible, due to functioning difficulties, for the National Social Security Fund to assume the payment of the whole maternity benefit, 50 per cent of which is still paid by the employer in accordance with section 106(4) of Act No. L94/006/CTRN issuing the Social Security Code. The Government adds, however, that it will work progressively towards ensuring that national legislation is brought into line with the Convention, Article 3(c) of which provides that, while a woman is absent from her work for maternity reasons, she is entitled to benefits sufficient for the full and healthy maintenance of herself and her child, provided either out of public funds or by means of a system of insurance. In this regard, while noting the Government’s intention to request technical support from the Office in order to achieve this objective, the Committee hopes that the Government will, in its next report, provide an indication of the progress made towards ensuring the full application of the Convention, and that it will take action to ensure that the payment of maternity benefit is not assumed, even partially, by employers, in so far as this is inconsistent with the provisions of the Convention and involves the risk of harmful consequences for the employment of women.
Article 4. Dismissal during maternity leave. As regards the possibility of dismissing a woman worker during her maternity leave in the event of serious misconduct, as provided for in section 63 of Ordinance No. 003/PRG/SGG/88 of 1988 issuing the Labour Code, the Government indicates that, although this provision is inconsistent with the Convention, it has not, as yet, given rise to any complaints from the social partners. The Government adds that it remains sensitive to the Committee’s comments, which remind it that, under Article 4 of the Convention, it is unlawful for an employer to dismiss a woman worker, for any reason whatsoever, while she is absent on maternity leave, or to give her notice of dismissal at such a time that the notice would expire during her absence.
The Committee also notes that, according to the Government, every effort will be made to take the necessary measures to bring national legislation into line with the Convention, and it once again expresses its hope that the Government will, in its next report, provide details of the measures taken in practice to give effect to this provision of the Convention.
Finally, the Committee would be grateful if the Government’s next report could include, in accordance with Part V of the report form, statistics relating to the application of the Convention in practice, particularly as regards the cost of different medical and cash benefits and the number of contraventions reported and sanctions imposed in the case of failure to observe the national legislation on maternity protection.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 direct request, which read as follows:
Repetition
Article 3(c) of the Convention. Maternity cash benefits. The Government indicates that it is currently impossible, due to functioning difficulties, for the National Social Security Fund to assume the payment of the whole maternity benefit, 50 per cent of which is still paid by the employer in accordance with section 106(4) of Act No. L94/006/CTRN issuing the Social Security Code. The Government adds, however, that it will work progressively towards ensuring that national legislation is brought into line with the Convention, Article 3(c) of which provides that, while a woman is absent from her work for maternity reasons, she is entitled to benefits sufficient for the full and healthy maintenance of herself and her child, provided either out of public funds or by means of a system of insurance. In this regard, while noting the Government’s intention to request technical support from the Office in order to achieve this objective, the Committee hopes that the Government will, in its next report, provide an indication of the progress made towards ensuring the full application of the Convention, and that it will take action to ensure that the payment of maternity benefit is not assumed, even partially, by employers, in so far as this is inconsistent with the provisions of the Convention and involves the risk of harmful consequences for the employment of women.
Article 4. Dismissal during maternity leave. As regards the possibility of dismissing a woman worker during her maternity leave in the event of serious misconduct, as provided for in section 63 of Ordinance No. 003/PRG/SGG/88 of 1988 issuing the Labour Code, the Government indicates that, although this provision is inconsistent with the Convention, it has not, as yet, given rise to any complaints from the social partners. The Government adds that it remains sensitive to the Committee’s comments, which remind it that, under Article 4 of the Convention, it is unlawful for an employer to dismiss a woman worker, for any reason whatsoever, while she is absent on maternity leave, or to give her notice of dismissal at such a time that the notice would expire during her absence.
The Committee also notes that, according to the Government, every effort will be made to take the necessary measures to bring national legislation into line with the Convention, and it once again expresses its hope that the Government will, in its next report, provide details of the measures taken in practice to give effect to this provision of the Convention.
Finally, the Committee would be grateful if the Government’s next report could include, in accordance with Part V of the report form, statistics relating to the application of the Convention in practice, particularly as regards the cost of different medical and cash benefits and the number of contraventions reported and sanctions imposed in the case of failure to observe the national legislation on maternity protection.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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 direct request, which read as follows:
Repetition
Article 3(c) of the Convention. Maternity cash benefits. The Government indicates that it is currently impossible, due to functioning difficulties, for the National Social Security Fund to assume the payment of the whole maternity benefit, 50 per cent of which is still paid by the employer in accordance with section 106(4) of Act No. L94/006/CTRN issuing the Social Security Code. The Government adds, however, that it will work progressively towards ensuring that national legislation is brought into line with the Convention, Article 3(c) of which provides that, while a woman is absent from her work for maternity reasons, she is entitled to benefits sufficient for the full and healthy maintenance of herself and her child, provided either out of public funds or by means of a system of insurance. In this regard, while noting the Government’s intention to request technical support from the Office in order to achieve this objective, the Committee hopes that the Government will, in its next report, provide an indication of the progress made towards ensuring the full application of the Convention, and that it will take action to ensure that the payment of maternity benefit is not assumed, even partially, by employers, in so far as this is inconsistent with the provisions of the Convention and involves the risk of harmful consequences for the employment of women.
Article 4. Dismissal during maternity leave. As regards the possibility of dismissing a woman worker during her maternity leave in the event of serious misconduct, as provided for in section 63 of Ordinance No. 003/PRG/SGG/88 of 1988 issuing the Labour Code, the Government indicates that, although this provision is inconsistent with the Convention, it has not, as yet, given rise to any complaints from the social partners. The Government adds that it remains sensitive to the Committee’s comments, which remind it that, under Article 4 of the Convention, it is unlawful for an employer to dismiss a woman worker, for any reason whatsoever, while she is absent on maternity leave, or to give her notice of dismissal at such a time that the notice would expire during her absence.
The Committee also notes that, according to the Government, every effort will be made to take the necessary measures to bring national legislation into line with the Convention, and it once again expresses its hope that the Government will, in its next report, provide details of the measures taken in practice to give effect to this provision of the Convention.
Finally, the Committee would be grateful if the Government’s next report could include, in accordance with Part V of the report form, statistics relating to the application of the Convention in practice, particularly as regards the cost of different medical and cash benefits and the number of contraventions reported and sanctions imposed in the case of failure to observe the national legislation on maternity protection.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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 direct request, which read as follows:

Article 3(c) of the Convention. Maternity cash benefits. The Government indicates that it is currently impossible, due to functioning difficulties, for the National Social Security Fund to assume the payment of the whole maternity benefit, 50 per cent of which is still paid by the employer in accordance with section 106(4) of Act No. L94/006/CTRN issuing the Social Security Code. The Government adds, however, that it will work progressively towards ensuring that national legislation is brought into line with the Convention, Article 3(c) of which provides that, while a woman is absent from her work for maternity reasons, she is entitled to benefits sufficient for the full and healthy maintenance of herself and her child, provided either out of public funds or by means of a system of insurance. In this regard, while noting the Government’s intention to request technical support from the Office in order to achieve this objective, the Committee hopes that the Government will, in its next report, provide an indication of the progress made towards ensuring the full application of the Convention, and that it will take action to ensure that the payment of maternity benefit is not assumed, even partially, by employers, in so far as this is inconsistent with the provisions of the Convention and involves the risk of harmful consequences for the employment of women.

Article 4. Dismissal during maternity leave. As regards the possibility of dismissing a woman worker during her maternity leave in the event of serious misconduct, as provided for in section 63 of Ordinance No. 003/PRG/SGG/88 of 1988 issuing the Labour Code, the Government indicates that, although this provision is inconsistent with the Convention, it has not, as yet, given rise to any complaints from the social partners. The Government adds that it remains sensitive to the Committee’s comments, which remind it that, under Article 4 of the Convention, it is unlawful for an employer to dismiss a woman worker, for any reason whatsoever, while she is absent on maternity leave, or to give her notice of dismissal at such a time that the notice would expire during her absence.

The Committee also notes that, according to the Government, every effort will be made to take the necessary measures to bring national legislation into line with the Convention, and it once again expresses its hope that the Government will, in its next report, provide details of the measures taken in practice to give effect to this provision of the Convention.

Finally, the Committee would be grateful if the Government’s next report could include, in accordance with Part V of the report form, statistics relating to the application of the Convention in practice, particularly as regards the cost of different medical and cash benefits and the number of contraventions reported and sanctions imposed in the case of failure to observe the national legislation on maternity protection.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 direct request, which read as follows:

Article 3(c) of the Convention. Maternity cash benefits. The Government indicates that it is currently impossible, due to functioning difficulties, for the National Social Security Fund to assume the payment of the whole maternity benefit, 50 per cent of which is still paid by the employer in accordance with section 106(4) of Act No. L94/006/CTRN issuing the Social Security Code. The Government adds, however, that it will work progressively towards ensuring that national legislation is brought into line with the Convention, Article 3(c) of which provides that, while a woman is absent from her work for maternity reasons, she is entitled to benefits sufficient for the full and healthy maintenance of herself and her child, provided either out of public funds or by means of a system of insurance. In this regard, while noting the Government’s intention to request technical support from the Office in order to achieve this objective, the Committee hopes that the Government will, in its next report, provide an indication of the progress made towards ensuring the full application of the Convention, and that it will take action to ensure that the payment of maternity benefit is not assumed, even partially, by employers, in so far as this is inconsistent with the provisions of the Convention and involves the risk of harmful consequences for the employment of women.

Article 4. Dismissal during maternity leave. As regards the possibility of dismissing a woman worker during her maternity leave in the event of serious misconduct, as provided for in section 63 of Ordinance No. 003/PRG/SGG/88 of 1988 issuing the Labour Code, the Government indicates that, although this provision is inconsistent with the Convention, it has not, as yet, given rise to any complaints from the social partners. The Government adds that it remains sensitive to the Committee’s comments, which remind it that, under Article 4 of the Convention, it is unlawful for an employer to dismiss a woman worker, for any reason whatsoever, while she is absent on maternity leave, or to give her notice of dismissal at such a time that the notice would expire during her absence.

The Committee also notes that, according to the Government, every effort will be made to take the necessary measures to bring national legislation into line with the Convention, and it once again expresses its hope that the Government will, in its next report, provide details of the measures taken in practice to give effect to this provision of the Convention.

Finally, the Committee would be grateful if the Government’s next report could include, in accordance with Part V of the report form, statistics relating to the application of the Convention in practice, particularly as regards the cost of different medical and cash benefits and the number of contraventions reported and sanctions imposed in the case of failure to observe the national legislation on maternity protection.

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

The Committee notes 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 direct request, which read as follows:

Article 3(c) of the Convention. Maternity cash benefits. The Government indicates that it is currently impossible, due to functioning difficulties, for the National Social Security Fund to assume the payment of the whole maternity benefit, 50 per cent of which is still paid by the employer in accordance with section 106(4) of Act No. L94/006/CTRN issuing the Social Security Code. The Government adds, however, that it will work progressively towards ensuring that national legislation is brought into line with the Convention, Article 3(c) of which provides that, while a woman is absent from her work for maternity reasons, she is entitled to benefits sufficient for the full and healthy maintenance of herself and her child, provided either out of public funds or by means of a system of insurance. In this regard, while noting with interest the Government’s intention to request technical support from the Office in order to achieve this objective, the Committee hopes that the Government will, in its next report, provide an indication of the progress made towards ensuring the full application of the Convention, and that it will take action to ensure that the payment of maternity benefit is not assumed, even partially, by employers, in so far as this is inconsistent with the provisions of the Convention and involves the risk of harmful consequences for the employment of women.

Article 4. Dismissal during maternity leave. As regards the possibility of dismissing a woman worker during her maternity leave in the event of serious misconduct, as provided for in section 63 of Ordinance No. 003/PRG/SGG/88 of 1988 issuing the Labour Code, the Government indicates that, although this provision is inconsistent with the Convention, it has not, as yet, given rise to any complaints from the social partners. The Government adds that it remains sensitive to the Committee’s comments, which remind it that, under Article 4 of the Convention, it is unlawful for an employer to dismiss a woman worker, for any reason whatsoever, while she is absent on maternity leave, or to give her notice of dismissal at such a time that the notice would expire during her absence.

The Committee also notes that, according to the Government, every effort will be made to take the necessary measures to bring national legislation into line with the Convention, and it once again expresses its hope that the Government will, in its next report, provide details of the measures taken in practice to give effect to this provision of the Convention.

Finally, the Committee would be grateful if the Government’s next report could include, in accordance with Part V of the report form, statistics relating to the application of the Convention in practice, particularly as regards the cost of different medical and cash benefits and the number of contraventions reported and sanctions imposed in the case of failure to observe the national legislation on maternity protection.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government, in its report on the application of the Convention, states that it has taken note of the Committee’s previous comments concerning the payment by employers of 50 per cent of the cost of cash maternity benefits and the possibility for employers to dismiss a woman worker on the grounds of serious misconduct.

As regards the first of these points, the Government indicates that it is currently impossible, due to functioning difficulties, for the National Social Security Fund to assume the payment of the whole maternity benefit, 50 per cent of which is still paid by the employer in accordance with section 106(4) of Act No. L94/006/CTRN issuing the Social Security Code. The Government adds, however, that it will work progressively towards ensuring that national legislation is brought into line with the Convention, Article 3(c) of which provides that, while a woman is absent from her work for maternity reasons, she is entitled to benefits sufficient for the full and healthy  maintenance of herself and her child, provided either out of public funds or by means of a system of insurance. In this regard, while noting with interest the Government’s intention to request technical support from the Office in order to achieve this objective, the Committee hopes that the Government will, in its next report, provide an indication of the progress made towards ensuring the full application of the Convention, and that it will take action to ensure that the payment of maternity benefit is not assumed, even partially, by employers, in so far as this is inconsistent with the provisions of the Convention and involves the risk of harmful consequences for the employment of women.

Furthermore, as regards the possibility of dismissing a woman worker during her maternity leave in the event of serious misconduct, as provided for in section 63 of Ordinance No. 003/PRG/SGG/88 of 1988 issuing the Labour Code, the Government indicates that, although this provision is inconsistent with the Convention, it has not, as yet, given rise to any complaints from the social partners. The Government adds that it remains sensitive to the Committee’s comments, which remind it that, under Article 4 of the Convention, it is unlawful for an employer to dismiss a woman worker, for any reason whatsoever, while she is absent on maternity leave, or to give her notice of dismissal at such a time that the notice would expire during her absence.

The Committee also notes that, according to the Government, every effort will be made to take the necessary measures to bring national legislation into line with the Convention, and it once again expresses its hope that the Government will, in its next report, provide details of the measures taken in practice to give effect to this provision of the Convention.

Finally, the Committee would be grateful if the Government’s next report could include, in accordance with Part V of the report form, statistics relating to the application of the Convention in practice, particularly as regards the cost of different medical and cash benefits and the number of contraventions reported and sanctions imposed in the case of failure to observe the national legislation on maternity protection.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes 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 direct request, which read as follows:

Article 3(c) of the Convention. The Committee notes the information supplied by the Government. It notes that, under section 106(4) of Act No. L/94/006/CTRN issuing the Social Security Code, the National Social Security Fund pays 50 per cent of the daily maternity benefits, the other 50 per cent being borne by the employer. It notes however that, according to the Government, every effort will be made to conform to the provision of the Convention on this subject. The Committee therefore hopes that the National Social Security Fund will gradually be able to assume payment of the whole maternity benefit so that it is not borne directly, even in part, by the employer. The Government is asked to indicate any progress in this respect in its next report.

Article 4. The Committee notes that, under section 63 of Ordinance No. 03/PRG/SGG/88 of 1988 issuing the Labour Code, the employer may terminate the contract of the woman worker who is on maternity leave on grounds of serious misconduct not linked to the pregnancy or if he is unable to maintain the contract for reasons unrelated to the pregnancy, confinement or maternity. The Committee reminds the Government that under this provision of the Convention it is unlawful for the employer to dismiss a woman worker who is absent on maternity leave or to give her notice of dismissal at such a time that the notice would expire during her absence. The Committee therefore hopes that the Government will take all necessary steps to bring its legislation into full conformity with this provision of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 3(c) of the Convention. The Committee notes the information supplied by the Government. It notes that, under section 106(4) of Act No. L/94/006/CTRN issuing the Social Security Code, the National Social Security Fund pays 50 per cent of the daily maternity benefits, the other 50 per cent being borne by the employer. It notes however that, according to the Government, every effort will be made to conform to the provision of the Convention on this subject. The Committee therefore hopes that the National Social Security Fund will gradually be able to assume payment of the whole maternity benefit so that it is not borne directly, even in part, by the employer. The Government is asked to indicate any progress in this respect in its next report.

Article 4. The Committee notes that, under section 63 of Ordinance No. 03/PRG/SGG/88 of 1988 issuing the Labour Code, the employer may terminate the contract of the woman worker who is on maternity leave on grounds of serious misconduct not linked to the pregnancy or if he is unable to maintain the contract for reasons unrelated to the pregnancy, confinement or maternity. The Committee reminds the Government that under this provision of the Convention it is unlawful for the employer to dismiss a woman worker who is absent on maternity leave or to give her notice of dismissal at such a time that the notice would expire during her absence. The Committee therefore hopes that the Government will take all necessary steps to bring its legislation into full conformity with this provision of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes 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 direct request, which read as follows:

Article 3(c) of the Convention. The Committee notes the information supplied by the Government. It notes that, under section 106(4) of Act No. L/94/006/CTRN issuing the Social Security Code, the National Social Security Fund pays 50 per cent of the daily maternity benefits, the other 50 per cent being borne by the employer. It notes however that, according to the Government, every effort will be made to conform to the provision of the Convention on this subject. The Committee therefore hopes that the National Social Security Fund will gradually be able to assume payment of the whole maternity benefit so that it is not borne directly, even in part, by the employer. The Government is asked to indicate any progress in this respect in its next report.

Article 4. The Committee notes that, under section 63 of Ordinance No. 003/PRG/SGG/88 of 1988 issuing the Labour Code, the employer may terminate the contract of the woman worker who is on maternity leave on grounds of serious misconduct not linked to the pregnancy or if he is unable to maintain the contract for reasons unrelated to the pregnancy, confinement or maternity. The Committee reminds the Government that under this provision of the Convention it is unlawful for the employer to dismiss a woman worker who is absent on maternity leave or to give her notice of dismissal at such a time that the notice would expire during her absence. The Committee therefore hopes that the Government will take all necessary steps to bring its legislation into full conformity with this provision of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Article 3(c) of the Convention. The Committee notes the information supplied by the Government. It notes that, under section 106(4) of Act No. L/94/006/CTRN issuing the Social Security Code, the National Social Security Fund pays 50 per cent of the daily maternity benefits, the other 50 per cent being borne by the employer. It notes however that, according to the Government, every effort will be made to conform to the provision of the Convention on this subject. The Committee therefore hopes that the National Social Security Fund will gradually be able to assume payment of the whole maternity benefit so that it is not borne directly, even in part, by the employer. The Government is asked to indicate any progress in this respect in its next report.

Article 4. The Committee notes that, under section 63 of Ordinance No. 003/PRG/SGG/88 of 1988 issuing the Labour Code, the employer may terminate the contract of the woman worker who is on maternity leave on grounds of serious misconduct not linked to the pregnancy or if he is unable to maintain the contract for reasons unrelated to the pregnancy, confinement or maternity. The Committee reminds the Government that under this provision of the Convention it is unlawful for the employer to dismiss a woman worker who is absent on maternity leave or to give her notice of dismissal at such a time that the notice would expire during her absence. The Committee therefore hopes that the Government will take all necessary steps to bring its legislation into full conformity with this provision of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 3(c) of the Convention. With reference to its previous comments concerning section 12 of Decree No. 2263/MT of 9 April 1982, which provides that the supplement paid by the employer to sickness benefit shall be gradually assumed by the National Social Security Fund, the Committee notes the Government's statement to the effect that, in practice, maternity benefits are provided entirely by the Fund and that this practice will be enshrined in law with the adoption in the very near future of the new Social Security Code. In this context, the Committee draws the Government's attention to the need to amend section 106(3) of the draft Social Security Code in order to give full effect to this provision of the Convention, which does not authorize maternity benefits to be charged directly to the employer, even partially. The Government is requested to indicate in its next report any progress achieved in this respect.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 3(c) of the Convention. The Committee notes the Government's report. It refers to the observation it made in 1983 in which it noted the provision contained in section 12 of Decree No. 2263/MT of 9.4.82 that a woman should be entitled, at the expense of the National Social Security Fund, to half her wages as maternity benefit during the period of her lawful absence, and that the cost of paying the other half of the wages, paid by the employer as a supplement to the benefit, would gradually be assumed by the above Fund. The Committee points out that the Convention does not authorise maternity benefits to be charged directly to the employer and trusts that the Government will be able to give full effect to the Convention in this respect in the near future. It requests the Government to indicate in its next report any progress achieved in this matter.

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer