Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Maternity Protection Convention, 1919 (No. 3) - Nicaragua (Ratification: 1934)

The Committee notes the information contained in the Government's last report and, in particular, the adoption of Act No. 185 of 30 October 1996 respecting the Labour Code. The Committee wishes to draw the Government's attention to the following points.

Article 3(c) of the Convention. The Committee notes that, under section 89 of the Act on social security, the Minister of Health guarantees preventive and curative medical care to the whole of the population as well as the integral maternity protection and child protection through the integrated national health system. Under these conditions, the Committee would be grateful if the Government would define the nature of care guaranteed by the integrated national health system to female employees before, during and after confinement. Please also provide information in respect of the practical application of the integrated national health system by specifying the regions covered.

Article 3(d). The Committee notes that under section 143(2) of the Labour Code, a female employee who is nursing her child is allowed 15 minutes every three hours at her workplace for that purpose, whereas this provision of the Convention provides that a female employee shall, in any case, if she is nursing her child be allowed half an hour twice a day for this purpose. Under these circumstances, the Committee trusts that the Government shall re-examine the question and take the necessary measures to bring section 143 of the Labour Code into full conformity with the provisions of the Convention.

Section 143(1) of the Labour Code also lays down the obligation for the employer to provide female employees who are nursing a child with suitable premises for this purpose as well as chairs or seats and, when more than 30 women are employed in the enterprise, to prepare or construct suitable premises for female employees who are nursing a child. The Committee notes with interest these provisions designed to improve the conditions in which female employees may nurse a child. Nevertheless, the Committee notes that the nursing breaks should be taken at the workplace. Taking into account that the Convention does not specify that nursing breaks must be taken at the workplace, the Committee would be grateful if the Government would provide information in respect of the practical application of section 143 of the Labour Code and, where necessary, to specify the supervisory measures envisaged in this respect.

Article 4. Under section 144 of the Labour Code, female employees who are pregnant or who have taken maternity leave may not be dismissed unless due cause has previously been established by the Minister for Labour. In this respect, the Committee is bound to recall to the Government that under this provision of the Convention it shall not be lawful for an employer to give notice of dismissal to a female employee who is absent from her work for reasons of maternity leave or at such a time that the notice would expire during such absence. The Committee hopes that the Government will re-examine this question and take the necessary measures to complete its legislation by adopting a provision to give full effect to the Convention in this regard.