Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Article 2 of the Convention. In it previous comments the Committee drew the Government's attention to the fact that section 6 of the 1984 Social Security Act does not allow this provision of the Convention to be fully applied, since it makes protection under the social security scheme of foreign women workers who are not covered by a treaty, convention or agreement contingent upon reciprocity. In this connection, the Government states that it is ready to harmonize the national legislation with the requirements of the Convention. It points out, however, that Convention No. 103 is among the existing international conventions referred to in section 6 of the above-mentioned Act and that, since payment of maternity benefits is subject to prior contributions, all foreign women who are insured are entitled to the benefits corresponding to their contributions, so there have been no cases of discrimination on grounds of nationality. The Committee takes due note of this information. It hopes that the Government will have no difficulty in taking the necessary steps to amend section 6 of the Social Security Act and section 2 of the General Social Securiy Scheme Regulations (Decree No. 100/1990) in order to guarantee the protection provided for by the Convention to all women working in the enterprises or occupations referred to in Article 1, regardless of their nationality and without any condition of reciprocity, as provided in Article 2 of the Convention.

Article 3, paragraphs 5 and 6. The Committee notes from the Government's report that the authorities which may determine the duration or extension of prenatal and postnatal leave in the event of sickness resulting from pregnancy or confinement are the following: the labour delegate of the jurisdiction concerned for workers in the private sector, the head of the department concerned for employees in the special sections of the public service and the head of the public service for employees in the general corps of the public service. The Committee asks the Government to indicate the maximum length of extensions to prenatal and postnatal leave granted by these authorities.

Article 4, paragraphs 1 and 6 (in conjunction with Article 3, paragraphs 5 and 6). Please indicate whether, during extended prenatal and postnatal leave in the event of illness resulting from pregnancy or confinement, women workers continue to receive maternity allowance equal to 75 per cent of their basic wage, as provided for in Act No. 2/91 of 4 April 1991 revising certain sections of the Social Security Act of 1984.

Article 5. Act No. 8/1992 of 30 April 1992 respecting public employees of the State provides in section 81(4) that female employees of the State may interrupt their work for nursing purposes until the child has reached the age of nine months. Since the Convention imposes no age limit in such cases, the Committee would be grateful if the Government would indicate whether women who continue to nurse their children after the age of nine months may be granted an extension of the period during which they are entitled to time off for nursing. Please indicate also whether interruptions of work for the purpose of nursing are counted as working hours and remunerated accordingly in accordance with paragraph 2 of this Article of the Convention.

Article 6. In reply to the Committee's previous comments, the Government indicates that state employees enjoy excellent stability of employment and can only be dismissed for very serious misconduct in accordance with a detailed procedure provided for in sections 100 and 102 of Act No. 8/1992 of 30 April 1992 respecting public employees of the State. It adds, however, that it intends to bring the national legislation fully into conformity with the requirements of the Convention. The Committee takes due note of this statement. It again expresses the hope that the Government will not fail to take the necessary steps to ensure that the legislation applying to public employees expressly forbids notification of dismissal to a woman who is absent from work on maternity leave or at such a time that the notice would expire during such absence.