Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Maternity Protection Convention, 1919 (No. 3) - Colombia (Ratification: 1933)

With reference to its observation, the Committee wishes to draw the Government's attention to the following points:

Article 3(a), (b) and (c) of the Convention. (a) The Committee notes that section 236 of the Labour Code, as amended by Act No. 50 of 1990, provides that women workers are entitled to maternity leave of 12 weeks, without, however, specifying that a woman shall not be permitted to work during the six weeks following her confinement, as set out in Article 3(a) of the Convention.

(b) Section 236 of the Labour Code, as amended, contains no provision that lays down, in accordance with Article 3(c) of the Convention, that pre-natal leave shall be prolonged when the confinement takes place after the estimated date of confinement.

(c) Section 236, as amended, provides that women may reduce their maternity leave to 11 weeks by ceding the remaining week to their spouse or companion so that he can provide them with the necessary care during confinement and in the initial post-confinement phase. While noting with interest the possibility set out in section 236 of granting parental leave to the father, the Committee however wishes to draw the Government's attention to the fact that the grant of such leave cannot be imputed upon of the period of maternity leave provided for by the Convention.

The Committee therefore hopes that the Government will be able to indicate the measures that have been taken or are envisaged to bring the national legislation - section 236 of the Labour Code and section 33 of Decree No. 148 of 1969, which are applicable to women working in the public sector - into conformity with the above points. It also hopes that it will be possible to take measures to formally bring section 33 of Decree No. 148 of 1969 into conformity with section 34 of Decree No. 50 of 1990, which provides for maternity leave of 12 weeks and which specifies that this protection also applies to women working in the public sector.