Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

1. Article 1, paragraph 3(h), of the Convention (Scope). The Government indicates that although it is recognised that section 74 of the Labour Decree is not broad enough to cover women domestic workers, the public employment centres make sure that when domestic workers are recruited a contract of employment will embody her rights to maternity protection like any other female workers in any other establishment. It adds that note has been taken of the comments made by the Committee, and that the tripartite National Advisory Committee on Labour will advise on possible amendment of the definition of the term "worker" under the above-mentioned section 74. The Committee takes note with interest of this information. It therefore hopes that the Government will take the necessary measures in the near future in order to ensure full conformity of the national legislation with this provision of the Convention, by guaranteeing coverage of domestic work for wages in private households.

2. Article 3, paragraphs 1, 2 and 4, of the Convention (Duration of maternity leave). In reply to the Committee's previous comments, the Government indicates that under section 42(1)(b) of the Labour Decree, a postnatal maternity leave of six weeks is given to the worker whatever the date of actual confinement is. It also adds that in practice, even if confinement takes place before the presumed date, the worker is given a total of 12 weeks' maternity leave. The Committee takes note of this information with interest. It hopes that the Government will have no difficulty, when the Labour Decree is next revised, to include an express provision to this effect in the national legislation.

3. Article 3, paragraphs 5 and 6 (Extension of leave in case of illness arising out of pregnancy or confinement). The Government indicates, with reference to paragraph 38 of the Labour Regulations of 1969, that in practice, any absence from work certified by a registered medical practitioner as arising out of illness due to pregnancy or confinement is regarded as sick leave, which is not counted as part of the maternity leave. While noting this information, the Committee asks the Government to indicate, in its next report, what are the relevant legal provisions (including social security legislation) relating to sick leave.

4. Article 4, paragraphs 1 and 3 (Medical benefits). The Committee notes from the Government's report that there is no provision in the national legislation concerning entitlement to medical benefits, although medical care is provided for in practice, to a certain extent and under certain conditions, in many private undertakings, and under the Primary Health Care Programme; in the civil service the cost of medical treatment is heavily subsidised. It also notes that further study is being given to the matter by the Government. The Committee therefore hopes that, as a result of this study, the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention be entitled to medical benefit in accordance with Article 4, paragraphs 1 and 3.

5. Article 4, paragraph 2 (Rates of cash benefits). The Committee notes with interest from the Government's report that, besides the provision of section 42(1)(g) of the Labour Decree of 1967, under which a female worker should be paid remuneration in respect of maternity leave of at least 50 per cent of the remuneration she would have earned had she not been absent, collective agreements in the private sector and administrative instructions in the civil service provide that a woman on maternity leave shall be paid her full wages or salary. The Committee would be grateful if the Government would provide, in its next report, copies of the above-mentioned collective agreements (which have not yet been received in the ILO) and administrative instructions. See also under point 6 below.

6. Article 4, paragraphs 4, 5, 6, 7 and 8. In reply to the Committee's previous comments, the Government indicates that at present the national situation does not permit the implementation of these provisions of the Convention. It adds that the matter is being studied. The Committee takes note of this information. It recalls that the aforementioned provisions of the Convention, which deal with the financing of maternity benefit, provide in particular that cash and medical benefits shall be provided either by means of compulsory social insurance or by means of public funds, and that in no case shall the employer be individually liable for the cost of such benefits due to women employed by him. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that the studies undertaken will lead to the adoption of measures giving full effect to these provisions of the Convention.

The Committee hopes that the Government will indicate in its next report any progress made to fully meet the requirements of the Convention in the light of the above-mentioned comments. In this respect, it ventures to draw the Government's attention to the possibility of having recourse to the technical cooperation of the International Labour Office.