Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Maternity Protection Convention (Revised), 1952 (No. 103) - Mongolia (Ratification: 1969)

The Committee notes with regret that, for the fourth consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its direct request of 1997, which read as follows:

1. Article 3, paragraphs 2 and 3, of the Convention. The Committee recalls that section 81 of the Labour Act, 1991, grants 45 days’ leave before and 56 days after confinement without specifying whether the postnatal leave is compulsory. The Committee requests the Government to indicate whether provisions exist or are contemplated to ensure the compulsory nature of leave after confinement, in accordance with the provisions of the Convention.

Article 4. (a) The Government states in its report that maternity benefits are not dependent on social security legislation but on social welfare legislation and are granted by the Government in the form of social welfare allowances. In addition, the Government states that this new system is less advantageous in that the pre and postnatal allowances previously corresponded to the net wage whereas they are now equal to the minimum wage. The Committee notes this information. It requests the Government to indicate whether these allowances are sufficient for the full and healthy maintenance of the woman and her child in accordance with a suitable standard of living, in accordance with Article 4, paragraph 2, of the Convention.

(b) In addition, please supply detailed information on the nature and amount of the medical benefits and benefits in kind granted to women on maternity leave as well as the conditions for granting them, specifying the relevant legal provisions.

2. Finally, the Committee requests the Government to supply in its next report detailed information for each Article of the Convention in accordance with the report form adopted by the Governing Body. It also requests the Government to supply a copy of the legislation mentioned in its report, particularly the 1993 Health Insurance Law, as amended in 1994, the 1994 Social Insurance Law, as amended in 1997, and the Social Welfare Law, along with any new text which has been adopted.