Maternity Protection Convention, 1919 (No. 3) - Gabon (Ratification: 1961)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3(a) of the Convention. Establishment of compulsory postnatal leave. With reference to its comments of 2009, the Committee notes that the Government reiterates its intention of introducing, in the context of the Bill to amend the Labour Code, a compulsory period of postnatal leave of at least six weeks with a view to ensuring that, as a result of pressure or any offer of material gain which might be proposed, the woman is not induced to return to work before the end of the statutory period of postnatal leave, to the detriment of her health or that of her child. The Committee points out that it has been drawing the Government’s attention to this matter for many years and hopes that, in its next report, the Government will give an account of progress made in bringing the national legislation fully into line with the Convention.

Part V of the report form. Application of the Convention in practice. Medical care. The Committee notes that according to information from the ILO World Social Security Report 2010–11: Providing coverage in times of crisis and beyond, that in the period 2000–09, Gabon recorded a drop in the birth rate accompanied by a reduction in the infant mortality rate, which fell from 58 to 49 deaths per thousand births. Available statistics also show that the proportion of births assisted by trained personnel stood at 86 per cent in 2000, a relatively high rate. At the same time, medical costs accounted for a fairly low percentage of household expenditure – around 20 per cent in 2006. The Committee takes note of this information and would be grateful if, in its future reports, the Government would provide all available up-to-date statistical information on the care provided to expectant and new mothers and to their new born children, and on the financing of the health system.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

With reference to the Committee’s previous comments, the Government confirms its intention of taking into consideration, in the context of the Bill to amend the Labour Code, the need to bring the latter into conformity with Article 3(a) of the Convention by providing for a compulsory postnatal period of leave during which resumption of work is prohibited. The Convention provides for a compulsory period of postnatal leave of at least six weeks with a view to ensuring that, as a result of pressure or the offer of material gain which might be proposed, the woman is not induced to return to work before the end of the statutory period of postnatal leave, to the detriment of her health and that of her child. The Committee would be grateful if the Government would continue providing information on any progress achieved in the adoption of the above Bill and provide a copy of the Labour Code, as amended.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

With reference to its previous comments, the Committee notes the information supplied by the Government stating that a Bill amending the Labour Code has been drafted in order to bring the national legislation into conformity with Article 3(a) of the Convention. The Bill is intended to take into account the observations made by the Committee regarding the need to establish compulsory postnatal leave during which resumption of work is prohibited. Keeping in view that the Convention establishes a protection that supplements the right to leave, with the object being of preventing pressure or the offer of material gain from inducing the worker to resume employment before the end of the legal period of postnatal leave, to the detriment of her health or that of her child, the Committee would be grateful if the Government would keep it informed of any progress made in enacting the Bill and to supply a copy of the text of the Labour Code after the amendments are carried out.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

In its previous comments, the Committee drew the Government’s attention to the need to take the necessary legal measures to guarantee that women are not allowed to work for a period of six weeks after confinement, in accordance with Article 3(a) of the Convention. In its reply, the Government considers that, given that section 171 of the Labour Code simply allows women employees the option of returning to work to meet financial difficulties, for example, it does not violate the spirit of the Convention. The Committee is nevertheless bound to recall that the compulsory character of the postnatal maternity leave established in this provision of the Convention affords protection that supplements the right to leave, the aim being to prevent pressure or offers of material gain from inducing the worker to resume employment before the end of the legal period of postnatal leave, to the detriment of her health or that of her child. The Committee trusts that, in view of the above, the Government will soon take the measures required to bring the national legislation into full conformity with Article 3(a) of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

In its previous comments, the Committee drew the Government’s attention to the need to take the necessary legal measures to guarantee that women are not allowed to work for a period of six weeks after confinement, in accordance with Article 3(a) of the Convention. In its reply, the Government considers that given that section 171 of the Labour Code simply allows women employees the option of returning to work to meet financial difficulties, for example, it does not violate the spirit of the Convention. The Committee is nevertheless bound to recall that the compulsory character of the postnatal maternity leave established in this provision of the Convention affords protection that supplements the right to leave, the aim being to prevent pressure or offers of material gain from inducing the worker to resume employment before the end of the legal period of postnatal leave, to the detriment of her health or that of her child. The Committee trusts that, in view of the above, the Government will soon take the measures required to bring the national legislation into full conformity with Article 3(a) of the Convention.

[The Government is asked to reply in detail to the present comments in 2006.]

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 3(a) of the Convention. The Committee notes the information provided by the Government, in particular the information concerning the adoption of the new Labour Code (Act No. 3/94 of 21 November 1994). The Committee notes that, under the terms of section 171, paragraphs 1 and 2, of the Labour Code, it is prohibited for an employer knowingly to employ a pregnant woman during the six weeks before and during the eight weeks after the presumed date of confinement, unless a written agreement to that effect is concluded by the parties at the initiative of the employee. The Committee recalls that Article 3(a) makes the postnatal period of leave obligatory and does not provide for any exceptions, even with the worker's consent. The Committee therefore requests the Government to indicate the measures taken or envisaged to bring its legislation into conformity with this provision of the Convention.