Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Maternity Protection Convention (Revised), 1952 (No. 103) - Equatorial Guinea (Ratification: 1985)

1. Article 2 of the Convention (Scope). The Government refers once again in its report to section 6 of the Social Security Act of 1984, according to which foreign women workers who are not covered by an international treaty, Convention or agreement are protected by the social security scheme only on condition of reciprocity. In its previous comments the Committee drew the Government's attention to the contradiction of this national provision with Article 2 of the Convention which applies to all women employed in undertakings or occupations covered by Article 1 irrespective of their nationality and without any condition of reciprocity. The Committee therefore trusts that the Government will not fail to take the necessary legislative measures in the very near future in order to bring the national legislation into full conformity with the Convention on this point.

2. Article 3, paragraphs 5 and 6. Under section 52, paragraph 2, of the General Labour Act No. 2 of 4 January 1990 women workers, in case of illness arising out of pregnancy or confinement are entitled to additional prenatal leave or to prolongation of the postnatal leave, respectively, the duration of which will be established by the competent authority. The Committee would like the Government to indicate whether any regulations have been adopted in order to designate such authority. If so, please supply the text of the regulations.

3. Article 4, paragraphs 2, 5, 6 and 8 (rates of cash maternity benefits; social assistance for women who fail to qualify for benefits provided as a matter of right; prohibition of maternity benefits at employers' expense). The Committee notes with interest from the Government's report that both the proposals to revise the provisions of the Social Security Act of 1984, concerning the questions dealt with in these Articles of the Convention, and the regulations under this Act have been approved by the Council of Ministers. In particular, the rates of cash benefits will be fixed at 75 per cent of the woman's basic wages and, under the regulations, women who fail to qualify for cash benefits provided as a matter of right are entitled to benefits equivalent to two months' wages. It also notes the Government's statement in the report according to which the employer is not liable for the cost of cash benefits since the contract of employment is suspended during the period of maternity leave, in accordance with section 72(c) of Act No. 2 of 4 January 1990. The Committee would be grateful if the Government would supply the text of the above-mentioned modifications to the Social Security Act, once adopted, as well as a copy of the regulations under the Act.

4. (a) Article 5, paragraphs 1 and 2 (nursing breaks). The Committee notes the Government's intention to introduce provisions concerning nursing breaks for women civil servants into the new law which is now under preparation with a view to revise the Legislative Decree of 1982 concerning state officials. It hopes that this new law will be adopted in the near future and that it will provide for interruptions of work for the purpose of nursing which shall be counted as working hours and remunerated accordingly, in conformity with this Article of the Convention.

(b) Article 6 (prohibition to give notice of dismissal during maternity leave). The Committee notes the Government's statement in the report according to which women civil servants cannot be dismissed during the period of maternity leave, since they cannot commit a fault during their absence on maternity leave. It would like to draw the Government's attention once again to the fact that this Article of the Convention prohibits to give notice of dismissal to a woman not only during her absence on maternity leave but also at such a time that the notice would expire during such absence. The Committee hopes that the Government will not fail to adopt measures necessary to bring the national legislation into full conformity with the Convention on this point in respect of this category of women workers.

The Committee asks the Government to provide, in its next report, information on any progress made in this regard.