Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee regrets that, despite its previous comments, the Government has maintained the requirement of two years’ continuous employment from the date of recruitment as a condition for maternity leave in its national legislation. It also notes that this condition has been reproduced in the text of a number of collective agreements which have been brought to its attention. The Committee therefore hopes that the Government will take the necessary steps, as soon as possible, to bring the national legislation, particularly section 15(A) of the Employment Act and section 7(1) of the Schedule to the Order of 14 January 2002, into conformity with Article 3(1) of the Convention.

The Committee is also constrained to note that the Government’s report makes no reference to any progress made to ensure the full application of the following provisions of the Convention.

Article 3, paragraphs 2, 3 and 4. Compulsory nature of six-week postnatal leave. With reference to its previous comments, the Committee notes that sections 15(A) and 54(1) of the Employment Act, to which the Government refers in its report, do not provide for a compulsory six-week period of postnatal leave or that, when the confinement takes place after the presumed date, prenatal leave must be extended, in all cases, until the actual date of confinement and the period of compulsory postnatal leave must not be reduced. The Committee once again expresses the hope that the Government will be able to take the necessary steps to bring the national legislation into conformity with these provisions of the Convention.

Article 4(4), (6), (7) and (8). Maternity benefits. The Committee recalls that, under these provisions of the Convention, the employer shall in no case be individually liable for the cost of maternity benefits in cash due to women employed by him. The Committee therefore requests the Government to ensure that these benefits are provided either by means of public funds or by means of compulsory insurance; the latter does not necessarily call for public financing but can be funded by employers’ and workers’ contributions.

Article 5. Nursing breaks. The Committee notes that certain collective agreements provide for nursing breaks and considers in this respect that equal treatment must be given to women workers covered by these collective agreements and other women workers covered by the Convention. The Government is therefore requested to consider the possibility of incorporating provisions in its national legislation which provide for nursing breaks; these interruptions of work must be counted as working hours and remunerated accordingly.

Article 6. Protection against dismissal during maternity leave. The Committee trusts that the Government will not fail to amend section 15(B) of the Employment Act (the content of which is reproduced in section 7(4) of the Schedule to the Order of 14 January 2002) by establishing a prohibition on the dismissal of a woman during maternity leave or on giving her notice of dismissal at such a time that the notice would expire during her absence, irrespective of the grounds for dismissal.

The Committee also requests the Government once again to supply copies of any legal provisions enacted, instructions or directives which have been issued stating the nature and scope of the medical benefits which shall be guaranteed to women workers in conformity with Article 4(1) and (3), of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.