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

Maternity Protection Convention, 2000 (No. 183) - Luxembourg (Ratification: 2008)

The Committee has examined the first report of the Government and wishes to receive additional information on the following points:

Article 6(7). Medical benefits. The report states that women giving birth are entitled to care of a midwife, medical assistance, stay in a maternity or clinic, pharmaceutical supplies and dietetic products for the newborn, according to article 26 of the Social Security Code. The Committee notes that in the latest available copy of the Social Security Code, dated 1 January 2011, article 26 has been repealed. The Committee therefore asks the Government to indicate the provisions of the legislation which ensure the types of medical care guaranteed by this Article of the Convention.

Article 8(1). Dismissal for a serious fault. The Committee notes that articles L.337-1 to L.337-6 of the Labour Code prohibit dismissal during pregnancy and maternity leave, except in case of a serious fault. The Committee requests the Government to explain whether the employer is required to prove that the dismissal for a serious fault is unrelated to pregnancy, childbirth and its consequences or nursing, in accordance with Article 8(1) of the Convention.

Parts IV and V of the report form. The Committee requests the Government to provide information on decisions by courts of law or other tribunals involving questions of principle relating to the application of the Convention, as well as the information on the number and the nature of contraventions reported.