Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Reform of the labour legislation aimed at securing compliance with the Convention. In reply to the Committee’s previous observation, the Government states that it is currently engaged in a comprehensive labour law reform and social dialogue process which will seek to address the discrepancies between the national legislation and the above provisions of the Convention related to Article 3 (need to grant maternity leave as of right regardless of any period of service), Article 3(3) (need to establish the compulsory nature of postnatal leave during the first six weeks after childbirth) and Article 5 (need to establish a right to nursing breaks, counted as working time and remunerated accordingly). Recalling that the Government has been referring repeatedly to the ongoing reform, the Committee hopes that the Government will be in a position to indicate in its next report tangible progress made in respect of the above issues.

Reforms aimed at introducing maternity benefits in the framework of a new social security system. Cash maternity benefits. The Government states that it has undertaken a comprehensive pension reform which provides for the introduction of a Maternity Protection Fund managed by the National Social Security Authority. The financing of this Fund would be ensured by way of a 1 per cent contribution paid by both the workers and employers, as recommended by the technical report prepared by the Pension reforms technical working group. The Government further stresses that it is closely collaborating with the ILO in this respect and convened a National Tripartite Consultative Conference in 2013 to explore, among other things, options for financing maternity benefits. The Committee recalls that currently in Zambia employers are individually liable for the cost of cash maternity benefits paid to women employed by them, contrary to a major provision of the Convention requiring benefits to be paid by way of social insurance or public funds with a view to preventing discrimination against women in employment (Article 4(4) and (8)). The Committee welcomes the Government’s initiative to move away from the employer liability system and finance maternity protection by way of social insurance in line with the requirements of the Convention and the global trend towards collectively financed protection mechanisms based on the principle of social solidarity. The Committee therefore hopes that the Government will indicate in its next report progress made with a view to establishing a maternity protection branch as a component of the currently developed social security system. The Committee invites the Office to continue to provide to the Government all technical support needed in this respect.