Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Application of the Convention to women domestic workers. The Committee recalls that Act No. 2450 of 2003 issuing regulations governing salaried domestic work, allows, to a certain extent, the application of certain provisions of the Convention to be guaranteed to women domestic workers, among which reference may be made to Articles 3 (maternity leave) and 6 (protection against dismissal). Nevertheless, the regulations respecting affiliation to the National Social Security Fund envisaged in section 24 of the Act are still at the draft stage. The Committee regrets to note that, in its reply to the previous direct request, the Government does not provide any information on the necessary measures to ensure that this category of women workers benefits in law and practice from the protection envisaged by the social security legislation, not only in relation to medical care, but also the cash maternity benefits envisaged in Article 4 of the Convention. The Committee reiterates its request to the Government to supplement Act No. 2450 of 2003 to ensure a better application of the Convention to women domestic workers in relation to the following Articles: Article 3(2) and (3) of the Convention (compulsory nature of the postnatal leave during which the woman is not authorized to work); Article 3(4) (extension of prenatal leave in the event of confinement after the presumed date); Article 5 (interruptions of work for nursing counted as working hours and remunerated accordingly).

With reference to the request for section 4 of Act No. 2450 of 2003 to be supplemented, the Committee notes with interest Decree No. 0012, of 19 February 2009, issuing regulations on the conditions for the employment stability of mothers and/or fathers working in the public or private sectors, from the time of pregnancy until the child is 1 year of age. The Committee also notes Supreme Decree No. 0496 of 1 May 2010, supplementing section 6 of the Supreme Decree referred to above, envisaging the intervention of the Ministry of Labour, Employment and Social Welfare in cases of failure to comply with the employment stability referred to above. The Committee requests the Government to indicate whether these Decrees apply to domestic workers.

Finally, the Government has not provided any reply in relation to section 20(c) of Act No. 2450 of 2003 authorizing the suspension of social benefits in certain cases, such as the partial or total failure to comply with the employment contract. The Committee recalls that the Convention does not authorize the suspension of maternity benefit for such reasons. The Committee therefore reiterates its request to the Government to indicate in the next report the measures adopted or envisaged to ensure that section 20 of Act No. 2450 cannot be applied to the maternity benefits due to women who are absent from work, in accordance with Article 3 of the Convention.