Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Maternity Protection Convention, 2000 (No. 183) - Dominican Republic (Ratification: 2016)

The Committee notes the Government’s first report.

The Committee notes the observations of the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Dominican Workers (CNTD) and the National Confederation of Trade Union Unity (CNUS), received on 3 September 2018.

Article 2 of the Convention. Scope of application. The Committee observes that the regulations concerning the maternity allowance and breastfeeding allowance approved by the National Social Security Council (CNSS) by Decision No. 98-02 of 19 February 2004 cover all active workers making social security contributions according to the provisions of section 132 of Act No. 87-01 of 2001, which establishes the Dominican social security system (section 1 of the regulations). The Government also indicates that all the social partners have supported the regulations adopted on maternity protection, and consequently there has been no need to take measures or hold consultations on exclusions from the scope of application. The Committee notes, however, that the CASC, CNTD and CNUS allege that “it is still necessary to consider atypical female workers”. The Committee requests the Government to provide its comments in this regard and to indicate whether specific legislative or other measures have been adopted or are envisaged with regard to women engaging in any atypical form of dependent work. The Committee also requests the Government to indicate the number of women engaging in atypical forms of dependent work (such as home work, telework and temporary work), as well as the total number of active female workers making social security contributions.

Article 3. Health protection during pregnancy and breastfeeding. 1. Measures enabling pregnant and breastfeeding women to decide not to perform work that has been determined to be prejudicial to the mother’s health or that of her child. The Committee notes section 234 of the Labour Code, which provides that during pregnancy a worker cannot be required to perform work that entails physical effort incompatible with the state of pregnancy, and section 235 of the Labour Code, which provides that if the work performed is prejudicial to the woman’s health or that of her child and this is certified by a doctor, the employer shall be obliged to enable the worker to change jobs. The Committee observes that section 235 also provides that if this change is impossible, the worker shall have the right to take leave without pay. The Committee requests the Government to indicate whether, in cases where no alternative work is available, income support measures exist for pregnant women whose work entails a risk to health, so that they can freely exercise their right to unpaid leave without fear of the financial difficulties that this may involve. Recalling that the protection prescribed by Article 3 of the Convention must also be given to breastfeeding women, the Committee requests the Government to provide information on the legislative and practical measures which ensure that breastfeeding mothers are not obliged to perform work that has been identified as prejudicial to the mother’s health or that of her child.

2. Types of work determined by the competent authority to be prejudicial to the health of the mother or her child. The Committee notes the Government’s reference to Decision No. 52/2004 on dangerous and insalubrious work, defining types of work which are prohibited for any person under 18 years of age and indicating a restricted list of dangerous and insalubrious types of work that persons over 16 but under 18 years of age may perform under certain conditions. The Committee requests the Government to specify whether the above-mentioned decision also applies to pregnant and breastfeeding women over 18 years of age, and to indicate whether other types of work have been determined by the competent authority to be prejudicial to the mother’s health or that of the child, in order to guarantee the protection prescribed by Article 3 of the Convention.

3. Consultations with representative organizations of employers and workers. The Committee notes the Government’s indication that the authority responsible for the adoption of the measures required by this Article of the Convention is the Ministry of Labour, through the inspection service. The Committee requests the Government to indicate whether national law and practice provide for the holding of consultations with representative organizations of employers and workers regarding the adoption of measures needed to ensure that pregnant or breastfeeding women are not obliged to perform work considered prejudicial to the mother’s health or that of the child.

Article 6(6). Cash benefits. The Committee notes the Government’s indication that section 132 of Act No. 87-01 of 2001 provides that, in order to be entitled to the maternity allowance, the affiliated person must have made contributions for at least eight months of the 12-month period preceding the date of childbirth. The Committee requests the Government to indicate whether women who do not meet the conditions to qualify for the maternity allowance are entitled to social assistance benefits, subject to the requisite means test, in accordance with Article 6(6) of the Convention.

Article 6(7). Provision of medical care benefits. Participation in the cost of Caesarean delivery. The Committee notes the information provided by the Government concerning the medical care benefits to which women are entitled in case of maternity. It further notes the Government’s indication that these benefits are provided without any type of co-payments or moderating fees, with the exception of deliveries by caesarean, the costs of which are partially assumed by women, in a proportion of 15 per cent, unless they are performed in emergency. The Committee requests the Government to indicate (i) whether women who have to undergo a planned caesarean delivery for medical reasons are required to share in the cost of the procedure and (ii) whether women with small means are also required to participate in the costs of deliveries by caesarean in a 15 per cent proportion.

Article 8(2). Right to return to same position at the end of the maternity leave. The Committee requests the Government to indicate how effect is given to Article 8(2) of the Convention, which requires that the right of women to return to the same position or an equivalent position paid at the same rate at the end of their maternity leave be guaranteed.

Article 9(1) and (2). Measures against discrimination in employment and prohibition on requiring pregnancy tests or certificates. The Committee requests the Government to describe the measures taken to ensure that maternity is not a source of discrimination in employment and access to employment. The Committee also requests the Government to specify whether these measures include the prohibition on requiring a pregnancy test or a certificate of such a test when a woman is applying for employment, except where required by national laws or regulations in respect of work that is prohibited during pregnancy or where there is a recognized risk to the health of the woman and child, and to provide information on any remedies and penalties that are considered appropriate, in accordance with Article 9 of the Convention.