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

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

Article 3(c) of the Convention. 1. In reply to the Committee’s previous comments, the Government indicates that dependent women workers enjoy medical assistance in the framework of their social welfare ("Obra Social") which generally provides special cover for maternity. The Committee requests the Government to supply further information on the nature of the care provided for women workers in the framework of "Obras Sociales" during maternity leave as well as on the conditions on which care is provided. Please indicate the relevant provisions in legislation and supply a copy of them, in particular, the Act concerning "Obras Sociales".

2. Referring to its previous comments, the Committee notes the information supplied by the Government on section 2 of Legislative Decree No. 1.245/96. It notes that the Government has not indicated whether women workers who do not fulfil the qualifying period of three months laid down in section 11 of Act No. 24.714 concerning the family benefits scheme are nevertheless entitled to cash benefits from public funds or under a public assistance scheme. The Committee requests the Government to specify whether this is the case.

Article 4. In reply to the Committee’s previous comments, the Government refers once again to section 177 of Act No. 20.744 concerning employment contracts which guarantees stability of employment for a woman worker from the time at which she notifies her employer of her pregnancy. Moreover, under section 178 of this Act, any dismissal during the seven-and-a-half months before or following the date of confinement shall be presumed to be based on the maternity unless the employer produces proof that the dismissal is on other grounds. In the absence of such proof, a dismissed woman worker shall be paid compensation for undue dismissal as well as special compensation amounting to one year’s wages because of her maternity. The Committee is aware that the provisions of the abovementioned Act No. 20.744 apply to a period of protection longer than that laid down in the Convention and offer certain guarantees against unjustified dismissal of women workers during the period of their pregnancy and after confinement. These provisions are not, however, sufficient in themselves to guarantee full application of this provision of the Convention. In fact, Article 4 of the Convention prohibitsthe employer from giving a woman worker notice of dismissal during her absence on maternity leave, or from giving her notice of dismissal at such a time that the notice would expire during her absence, without referring to the possibility of authorizing dismissal in certain particular or exceptional circumstances for a reason that is considered lawful under national legislation. In these circumstances, the Committee hopes that the Government will be able to re-examine the issue and requests it to indicate in its next report any progress made with a view to ensuring full application of this provision of the Convention.