Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

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

The Committee notes the information supplied by the Government in reply to its previous comments and wishes to draw the Government's attention to the following points:

Article 1 of the Convention. The Committee notes that the examination of the new draft Social Security Code, which was to extend the scope of maternity protection to certain categories of workers previously not protected (including workers in domestic service and rural workers), has been deferred by the parliamentary commissions due to the amendments which are to be introduced in relation with the reform of Bolivian social security which is currently under examination. It once again hopes that the appropriate measures will be adopted in the near future, both in law and practice, to ensure that the above categories of women workers benefit from the protection set out in the Convention. It requests the Government to supply information on any progress achieved in this respect.

Article 3, paragraph 2. In its previous comments, the Committee noted that section 61 of the General Labour Act, and Presidential Decree No. 2291 of 7 December 1950, provide for maternity leave of 60 days whereas, according to this provision of the Convention, the minimum period of maternity leave is 12 weeks. In its report, the Government indicates that insured persons in both the private and public sectors are entitled to leave of 45 days before and 45 days after confinement under the social security legislation. It adds that the Social Security Code of 1956 goes further than Presidential Decree No. 2291 of 7 December 1950. The Committee recalls in this connection that the provisions of the Social Security Code, which is still not applied to certain categories of women workers, provide for the entitlement of women workers to benefits during their maternity leave under certain conditions, whereas the General Labour Act and Presidential Decree No. 2291 deal with the right to maternity leave. The Committee once again hopes that, in order to prevent any ambiguity, the Government will formally amend section 61 of the General Labour Act and Presidential Decree No. 2291 of 1950 so as to provide for leave of at least 12 weeks, in accordance with the Convention and the national social security legislation.

Article 3, paragraph 4. The Government states in its report that it has taken note of the Committee's comments. The Committee therefore hopes that the next report will contain information on the measures which have been taken or are envisaged to include in the General Labour Act, the Social Security Code and the legislation respecting public servants and public employees, 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 the Convention.

Article 4, paragraphs 5 and 8. The Committee once again hopes that, in accordance with the assurances given by the Government in its report, the necessary measures will be taken in the near future to enable women workers who cannot claim entitlement to the benefits provided through the social security scheme to receive appropriate benefits either out of public funds or through public assistance schemes.

Article 5. In reply to the Committee's previous comments, the Government states that, in accordance with the Social Security Code, women working in both the public and private sectors are entitled during the year following confinement to nursing breaks of half an hour in both the morning and the afternoon.

In this connection, the Committee notes that as regards the legal texts which are available to it, only section 61 of the General Labour Act, which is not applicable to public servants or public employees, contains a provision concerning nursing breaks. The Committee therefore hopes that the necessary measures will be taken to give effect to this provision of the Convention as regards this category of women workers.