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

Maternity Protection Convention (Revised), 1952 (No. 103) - Bolivia (Plurinational State of) (Ratification: 1973)

The Committee takes note of the information provided by the Government in reply to its earlier comments.

Article 1 of the Convention (scope). The Committee notes with interest that the new Draft Social Security Code is aiming at the extension of the scope of the maternity protection to certain categories of workers previously not protected (including workers in domestic service and rural workers). It hopes that the new Code will be adopted in the near future and asks the Government to report any progress made in this connection.

Article 3, paragraph 2 (duration of maternity leave). The Committee noted in its earlier comments that the Social Security Code of 1956 provides for maternity cash benefit for six weeks before and six weeks after confinement. It points out once again that it is still necessary to amend section 61 of the General Labour Act in order to provide also for a period of leave of at least 12 weeks in conformity with this Article of the Convention and with the national legislation on social security. Further to its previous comments it draws the attention of the Government to the point that a similar change should be made with respect to public service employees, who are only entitled to 60 days of maternity leave under the terms of Presidential Decree No. 2291 of 7 December 1950.

Article 3, paragraph 4 (extension of pre-natal leave). The Committee can but reiterate its hope that the Government will take the necessary steps to include in the General Labour Act and in the Social Security Code a provision allowing for the extension of pre-natal leave where confinement takes place later than the presumed date, without any reduction in the minimum post-natal leave period of six weeks prescribed by this provision of the Convention. The Committee points out once again that a similar change will have to be made with respect to public service employees. It asks the Government to provide in its next report information on any progress made in this connection.

Article 4, paragraphs 5 and 8 (benefits for women who have not completed the qualification period stipulated by the Social Security Code or who are not yet covered by the insurance scheme). The Committee notes the statement in the report that the Draft Social Security Code contains better provisions in this field as compared to the existing legislation. It hopes that the new Code will be adopted in the near future and that it will contain provisions which will enable women workers to receive cash benefits provided either under compulsory social insurance or out of public funds or social assistance funds, as required by the Convention. It asks the Government to provide in its next report information on any progress made in this connection.

Article 5 (nursing breaks). The Committee notes that the Government's reply contains no new information as regards the question put in its previous comments. It asks the Government once again to indicate the provisisons whereby this Article of the Convention is applied to public service employees excluded from the scope of the General Labour Act.