Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Repetition

The Committee had previously drawn the attention of the Government to the need to bring national legislation into conformity with Article 3(1) and (3) (entitlement to maternity leave, compulsory leave after confinement of six weeks), Article 5 (interruptions of work for nursing) and Article 6 (protection against dismissal during maternity leave) of the Convention. In its report the Government has undertaken to advise workers’ and employers’ associations in a tripartite forum of the national provisions that need to be amended to ensure the full application of the Convention, particularly the provisions relating to the duration of maternity leave. The Committee requests the Government to indicate any progress made in this respect.

Article 3(5) (in relation to Article 4(1) and (6). Supplementary leave in the event of illness arising out of pregnancy. Under these provisions of the Convention, a woman worker is entitled, in the event of an illness arising out of pregnancy, to additional leave with cash benefits. Where cash benefits are provided under a compulsory insurance system and are determined on the basis of previous earnings, they shall be at a rate of not less than two-thirds of the woman’s previous earnings taken into account for the purposes of computing benefits. The Government is requested to indicate how these provisions of the Convention are applied both in law and in practice.

Article 3(6) (in relation to Article 4(1)). Extension of leave in the event of illness arising out of confinement. Referring to its observation, the Committee notes that section 36 of the National Insurance (Benefits and Assistance) Regulations, as amended in 2003, now provides for the payment of maternity benefits for an additional six weeks in the event of an illness arising from confinement. In the circumstances, the Committee would like to suggest to the Government that section 19 of the Employment Act maybe amended by deleting the words “not paid” to bring the section in line with section 36 of the abovementioned Regulations.

Article 4(1),(4), (7) and (8). Maternity cash benefits. The Committee hopes that the Government will not fail to provide, as it undertakes to do in its report, explanations regarding the coexistence in law and in practice of maternity benefits paid under the national insurance scheme and the maternity leave paid for by the employer.

Article 4(1) and (3). Medical benefits. The Government points out that under paragraph 1(g) of section 20 of the National Insurance Act, women workers on maternity leave are entitled to medical benefits, subject to the doctor providing medical documents to the National Insurance Fund. In this respect, the Committee notes with interest the adoption of Act No. 3 of 2006 on the national health insurance scheme which provides in section 8 (to be read in conjunction with section 2(2)), among other things, the granting of obstetrical health services to insured persons. The Committee requests the Government to specify whether the health services guaranteed under this Act include hospitalization. Please also provide information on any regulations adopted to apply paragraph 1(d) of section 15 of the abovementioned Act and to communicate a copy thereof.

Article 4(5). Social assistance benefits. The Committee notes from the Government’s report that, under the present national legislation, there are no provisions for the payment of social assistance benefits by the Department of Social Services to women who have never worked before their pregnancy. On this subject, the Committee recalls that the aim of this provision of the Convention is to provide for the payment of appropriate benefits out of social assistance funds to women employees who do not qualify for maternity cash benefits as a matter of right. Consequently, the Committee requests the Government to consider the possibility of introducing in its legislation provisions under which social assistance benefits might be paid to women workers who fail to qualify for maternity benefits because they do not fulfil the conditions of length of employment provided for under section 35 of the National Insurance (Benefits and Assistance) Regulations.