Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Maternity Protection Convention (Revised), 1952 (No. 103) - Zambia (Ratification: 1979)

The Committee notes all the information and documents communicated by the Government in its latest report. In particular, it notes with interest the information supplied in reply to the comments regarding application of Article 3, paragraph 5, of the Convention.

Article 3, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government’s attention to the provisions of section 15A(1) of the Employment Act which, by stipulating that a female employee must have from the date of first engagement, or since the last maternity leave taken, completed at least two years of continuous service before being entitled to maternity leave, are contrary to this provision of the Convention. In its report, the Government indicates that the Committee’s concerns and the problem of the qualifying period for the entitlement will be considered during the review of the Employment Act currently in progress. The Committee notes this information and hopes that when this Act is revised, any reference to a conditional period for entitlement to maternity leave will be abolished. Please communicate information on any progress made in this respect.

Article 3, paragraphs 2 and 3. In reply to the Committee’s previous comments, the Government states that in practice many women take the bulk of their maternity leave after confinement and that it is not uncommon for expectant mothers to continue working until the very last moment. The Committee recalls that the minimum compulsory period of postnatal leave provided by the Convention is a protection measure intended to prevent the woman from resuming work before the end of that period, to the detriment of her health and her child’s. Bearing in mind the Government’s reply, the Committee considers that there should be no difficulty in inserting into legislation a provision expressly providing for a compulsory period of postnatal leave of no less than six weeks.

Article 3, paragraph 4. The Committee reminds the Government once again that, in accordance with this provision of the Convention, when the confinement takes place after the presumed date, prenatal leave must in all cases be extended until the actual date of the confinement, and the period of compulsory postnatal leave shall not be reduced. It hopes that the Government will take the necessary measures to ensure application of this provision of the Convention.

Article 4, paragraph 3. The Committee notes with interest that, according to the information supplied by the Government and the Guidelines relating to cost-sharing schemes for health care, maternity care is provided free of charge. The Committee would be grateful if the Government would specify in its next report the nature and extent of such treatment. Please supply a copy of all legal provisions, instructions or directives that have been adopted on this matter.

Article 4, paragraphs 4, 6, 7 and 8. In previous comments, the Committee recalled that, under the terms of these provisions of the Convention, cash benefits must be provided through a compulsory insurance system or from public funds and that employers should in no case be individually liable for the cost of such benefits. In this respect, the Government indicates in its report that although the National Pension Scheme Authority is in force, the problem of cash maternity benefits is receiving consideration so as to relieve employers from liability to pay such benefits. The Committee notes this information. It hopes that the Government will take measures very shortly to guarantee maternity benefits in compliance with the prescriptions of Article 4, paragraphs 4 and 6, under the current compulsory insurance system or from public funds. The Committee would also be grateful if the Government would supply copies of the legislation on the National Pension Scheme.

Article 5. In reply to the Committee’s comments, the Government states that the issue of nursing breaks is currently under consideration. It refers, however, to the economic and financial difficulties of the country as well as the high unemployment situation. While the Committee is aware of these difficulties, it once again expresses the hope that the Government will be able very shortly to take the necessary measures to supplement its national legislation with a provision allowing nursing mothers to take time off at work for this purpose which, under this provision of the Convention, must be counted as working hours and remunerated accordingly.

Article 6. In reply to the Committee’s comments, the Government indicates that the Employment Act will be reviewed to address the concerns of the Committee in relation to section 15B of the Act. The review of the Act is currently in progress with the support of the ILO. The Committee notes this information with interest and hopes that the Government will very shortly communicate a copy of any text adopted in this regard. It recalls that under Article 6 of the Convention, it shall not be lawful for a woman to be dismissed during maternity leave or to be given notice of dismissal at such a time that the notice would expire during her absence.