Maternity Protection Convention (Revised), 1952 (No. 103) - Mongolia (Ratification: 1969)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3(2) and (3) of the Convention. Compulsory leave after confinement. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the compulsory period of post-natal maternity leave of not less than six weeks is established in the national legislation, in line with Article 3(2) and (3) of the Convention.

The Committee notes with interest that, pursuant to section 137 of the new Labour Act adopted on 2 July 2021, a pregnancy and maternity leave of 120 days is mandatory for women workers. The Committee however notes that section 137 does not specify a mandatory period of compulsory leave after the delivery. Recalling that, by virtue of Article 3(2) and (3) of the Convention, the period of maternity leave must include a period of compulsory leave after delivery of at least 6 weeks, the Committee requests the Government to confirm that, under the new Labour Code, the compulsory maternity leave to which a woman protected under the Convention is entitled will in no case lapse less than 6 weeks after delivery.

Article 4(2) and (5). Adequate benefits out of social assistance funds. In its previous comments, the Committee requested the Government to supply information on maternity cash benefits provided to women regardless of their insurance coverage.

The Committee notes that section 5 of the Act on Allowances for Mothers and Fathers and Families with Many Children of 30 June 2017 provides for allowances to pregnant women from the fifth month of pregnancy until the birth of a child and allowances for children under 3 years old. The amount of these allowances is determined by the Government (section 7.1 of the Act of 30 June 2017). In this respect, the Committee notes the indication by the Government in its report that, in 2018, the amount of allowances provided to pregnant women was equal to MNT 40.000 per month (approximately USD16,5), whereas the amount of allowances provided to mothers with children up to 3 years old amounted to MNT 50.000 (approximately USD20,6). The Committee however observes that the minimum subsistence levels fixed for one person, the same year, based on the monetary value of a basket comprised of food and non-food items necessary for a person to meet his/her basic needs, were much higher than these allowances. Indeed, in 2018, the lowest minimum subsistence level was MNT 174 000 (approximately USD71,7) in Eastern Mongolia and the highest corresponded to MNT 198 600 (approximately USD81,8) in Ulaanbaatar (according to the data of the National Statistics Office of Mongolia).

In this regard, the Committee recalls that, pursuant to Article 4(2) of the Convention, the rates of cash benefit shall be fixed by national laws or regulations so as to ensure benefits sufficient for the full and healthy maintenance of a mother and her child in accordance with a suitable standard of living. In view of the above, the Committee requests the Government to supply information on any additional benefits provided to women who do not qualify for social insurance maternity benefits that are sufficient to provide for full and healthy maintenance, and in respect of their children, to ensure that the requirements of Article 4(2) of the Convention are met, and in any event, to ensure that their income during maternity leave does not fall below the minimum subsistence level.

Article 4(3). Maternity medical care benefits. The Committee previously requested the Government to indicate the legislative provisions which specify the nature and scope of prenatal medical care, care during confinement and post-natal care to which women workers covered by the Convention are entitled.

The Committee notes that, pursuant to section 9.2.13 of the Act on Health Insurance of 29 January 2015, medical care related to pregnancy, confinement, and post-natal period is included in a set of medical care benefits provided under the compulsory health insurance. The Committee further notes that, by virtue of section 24.6.1 of the Act on Health Care of 5 November 2011, the State covers expenses related to maternity medical care benefits. The Committee welcomes the adoption of a number of national programs, including the National Strategy to Improve Maternal and Child Health for 2017-2021 and the National Program “Early Essential Newborn Care Strategy” for 2014-2020, which aim, among other objectives, at improving the quality and accessibility of maternity and child medical care. The Committee encourages the Government to maintain its efforts and to continue taking concrete measures to ensure the due provision of pre-natal, confinement and post-natal medical care, in line with Article 4(3) of the Convention. The Committee requests the Government to provide information on the implementation of the above-mentioned programmes and on the objectives attained, in view of the requirements of Article 4(3) of the Convention.

Article 6. Dismissal. The Committee previously noted that section 100 of the Labour Act of 1999 authorized the termination of employment of a pregnant woman or of a woman with a child under 3 years of age in a number of determined cases of serious fault. In this regard, the Committee recalled that the Convention provides for an absolute prohibition for the employer to give a woman notice of dismissal during the period of maternity leave, or at such time that the notice would expire during such absence.

The Committee notes that section 135 of the new Labour Act of 2 July 2021 contains provisions which are similar to section 100 of the Labour Act of 1999. The Committee therefore reiterates its request to the Government to take the necessary measures to ensure that the national legislation prohibits the termination of employment by the employer during the period of maternity leave, to give full effect to Article 6 of the Convention.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government regarding implementation in practice of the legislation on maternity protection. The Committee requests the Government to continue to provide information on implementation, including statistical data on the total number of women receiving maternity benefits as well as the total amount of benefits paid on an annual basis

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Convention No. 103, is in force should be encouraged to ratify the more recent Maternity Protection Convention, 2000 (No. 183) (see GB.328/LILS/2/1). The Maternity Protection Convention, 2000 (No. 183) reflects the more modern approach to maternity protection when addressing issues of health protection, maternity leave, maternity benefits, employment protection and non-discrimination of employed women. Ratification of the Maternity Protection Convention, 2000 (No. 183), will involve the automatic denunciation of the outdated Maternity Protection Convention (Revised), 1952 (No. 103). The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying the Maternity Protection Convention, 2000 (No. 183), as the most up-to-date instrument in this subject area.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(2) and (3) of the Convention. Compulsory leave after confinement. Article 6. Dismissal. In reply to the Committee’s previous comments, the Government states that the question regarding the introduction of the compulsory period of post-natal maternity leave and the prohibition of dismissal during the period of maternity leave will be taken into account during the planned revision of Mongolia’s Labour Law 1999, scheduled for 2010. The Committee requests the Government to provide the text of the revised Labour Law as soon as it is adopted.

Article 4(5). Adequate benefits out of social assistance funds. The Committee notes that the Law on Social Assistance guarantees a cash benefit to a mother for 12 calendar months starting from her fifth month of pregnancy, and that it has been paid to every eligible mother since 1 January 2007 regardless of her insurance coverage. The Committee requests a copy of the Law on Social Assistance, as well as of the Act of 2005 on granting benefits to mothers and children and rendering pecuniary aid for mothers, children and families.

Article 4(3). Medical benefits. The Government indicates that, according to section 28.1.3 of the Health Care Law 1998, all types of medical check-ups, examinations and treatment related to pregnancy and confinement prescribed by a doctor shall be borne by the State. Please provide a copy of this law and indicate the provisions which specify the nature and the scope of the prenatal medical care, care during confinement and post-natal care to which women workers covered by the Convention are entitled.

Part V of the report form. Application in practice. The Committee hopes that the Government will respond in its next report to the comments of the Confederation of Mongolian Trade Unions (CMTU) regarding the poor implementation of the legislation on maternity protection in practice. Please give a general appreciation of the manner in which the Convention is applied in Mongolia, including extracts from inspection reports, as well as information concerning the practical difficulties encountered in the application of the Convention.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 3(2) and (3) of the Convention. Compulsory leave after confinement. Article 6. Dismissal. In reply to the Committee’s previous comments, the Government states that the question regarding the introduction of the compulsory period of post-natal maternity leave and the prohibition of dismissal during the period of maternity leave will be taken into account during the planned revision of Mongolia’s Labour Law 1999, scheduled for 2010. The Committee requests the Government to provide the text of the revised Labour Law as soon as it is adopted.

Article 4(5). Adequate benefits out of social assistance funds. The Committee notes that the Law on Social Assistance guarantees a cash benefit to a mother for 12 calendar months starting from her fifth month of pregnancy, and that it has been paid to every eligible mother since 1 January 2007 regardless of her insurance coverage. The Committee requests a copy of the Law on Social Assistance, as well as of the Act of 2005 on granting benefits to mothers and children and rendering pecuniary aid for mothers, children and families.

Article 4(3). Medical benefits. The Government indicates that, according to section 28.1.3 of the Health Care Law 1998, all types of medical check-ups, examinations and treatment related to pregnancy and confinement prescribed by a doctor shall be borne by the State. Please provide a copy of this law and indicate the provisions which specify the nature and the scope of the prenatal medical care, care during confinement and post-natal care to which women workers covered by the Convention are entitled.

Part V of the report form. Application in practice. The Committee hopes that the Government will respond in its next report to the comments of the Confederation of Mongolian Trade Unions (CMTU) regarding the poor implementation of the legislation on maternity protection in practice. Please give a general appreciation of the manner in which the Convention is applied in Mongolia, including extracts from inspection reports, as well as information concerning the practical difficulties encountered in the application of the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3(2) and (3) of the Convention. Compulsory leave after confinement. Article 6. Dismissal. In reply to the Committee’s previous comments, the Government states that the question regarding the introduction of the compulsory period of post-natal maternity leave and the prohibition of dismissal during the period of maternity leave will be taken into account during the planned revision of Mongolia’s Labour Law 1999, scheduled for 2010. The Committee requests the Government to provide the text of the revised Labour Law as soon as it is adopted.

Article 4(5). Adequate benefits out of social assistance funds. The Committee notes that the Law on Social Assistance guarantees a cash benefit to a mother for 12 calendar months starting from her fifth month of pregnancy, and that it has been paid to every eligible mother since 1 January 2007 regardless of her insurance coverage. The Committee requests a copy of the Law on Social Assistance, as well as of the Act of 2005 on granting benefits to mothers and children and rendering pecuniary aid for mothers, children and families.

Article 4(3). Medical benefits. The Government indicates that, according to section 28.1.3 of the Health Care Law 1998, all types of medical check-ups, examinations and treatment related to pregnancy and confinement prescribed by a doctor shall be borne by the State. Please provide a copy of this law and indicate the provisions which specify the nature and the scope of the prenatal medical care, care during confinement and post-natal care to which women workers covered by the Convention are entitled.

Part V of the report form. Application in practice. The Committee hopes that the Government will respond in its next report to the comments of the Confederation of Mongolian Trade Unions (CMTU) regarding the poor implementation of the legislation on maternity protection in practice. Please give a general appreciation of the manner in which the Convention is applied in Mongolia, including extracts from inspection reports, as well as information concerning the practical difficulties encountered in the application of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3(2) and (3) of the Convention. Compulsory leave after confinement. Article 6. Dismissal. In reply to the Committee’s previous comments, the Government states that the question regarding the introduction of the compulsory period of post-natal maternity leave and the prohibition of dismissal during the period of maternity leave will be taken into account during the planned revision of Mongolia’s Labour Law 1999, scheduled for 2010. The Committee requests the Government to provide the text of the revised Labour Law as soon as it is adopted.

Article 4(5). Adequate benefits out of social assistance funds. The Committee notes that the Law on Social Assistance guarantees a cash benefit to a mother for 12 calendar months starting from her fifth month of pregnancy, and that it has been paid to every eligible mother since 1 January 2007 regardless of her insurance coverage. The Committee requests a copy of the Law on Social Assistance, as well as of the Act of 2005 on granting benefits to mothers and children and rendering pecuniary aid for mothers, children and families.

Article 4(3). Medical benefits. The Government indicates that, according to section 28.1.3 of the Health Care Law 1998, all types of medical check-ups, examinations and treatment related to pregnancy and confinement prescribed by a doctor shall be borne by the State. Please provide a copy of this law and indicate the provisions which specify the nature and the scope of the prenatal medical care, care during confinement and post-natal care to which women workers covered by the Convention are entitled.

Part V of the report form. Application in practice. The Committee hopes that the Government will respond in its next report to the comments of the Confederation of Mongolian Trade Unions (CMTU) regarding the poor implementation of the legislation on maternity protection in practice. Please give a general appreciation of the manner in which the Convention is applied in Mongolia, including extracts from inspection reports, as well as information concerning the practical difficulties encountered in the application of the Convention.

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

Article 3, paragraphs 2 and 3, of the Convention. Compulsory leave after confinement. With reference to its previous comments which it has been making for a number of years, the Committee regrets to note that the Government has taken no measures to supplement the Labour Code with a provision setting out the compulsory nature of a period of postnatal leave, which shall not be less than six weeks, in accordance with Article 3 of the Convention. It nevertheless hopes that the Government would reconsider this issue which is intended to prevent women workers from being subject to pressure from their employers to resume work after confinement to the detriment of their health or that of their child.

Article 4, paragraph 5. Adequate benefits out of social assistance funds. The Committee notes from the Government’s report that the Act on pensions and benefits provided by the Social Insurance Fund regulates the entitlement conditions, the duration and the rate of cash maternity benefits. In order to be eligible for maternity benefits, a woman needs to have paid insurance contributions during at least 12 months before the beginning of her maternity leave, provided that she has continuously contributed during the last six consecutive months. The report further indicates that cash maternity benefits are paid for four months and that, as of 16 June 2008, the rate of maternity benefit has been increased from 75 to 100 per cent of average monthly earnings during the last 12 months. The Government also refers to the adoption in 2005 of the Act on granting benefits to mothers and children and rendering pecuniary aid for mothers, children and families, which has developed into a universal cash transfer programme financed by the state budget covering all children until the age of 18 years regardless of the mother’s status with respect to insurance. The Committee takes note of this information with interest. It requests the Government to indicate whether the cash transfer programme referred to above has permitted to raise the level of the social assistance maternity allowances paid to women workers who do not qualify for regular maternity benefits paid by way of social insurance, the level of which the Government has previously considered inadequate. Please also supply copies of the newly adopted laws mentioned above.

Article 4, paragraph 3  Medical benefits. The Committee notes the adoption of the third national “Reproductive health” programme for the period 2007–11 aiming to promote sustainable population growth through improved reproductive health and provision of comprehensive, equitable and accessible reproductive health services. The Committee would be grateful if the Government would keep it informed of the practical measures taken in view of implementing this programme, including the information on the nature and scope of the prenatal medical care, care during confinement and postnatal care to which women workers covered by the Convention are entitled. Please also provide a copy of the Health Insurance Act.

Article 6. Dismissals. The Committee notes that the Government’s report does not reply to the comments made in its previous direct request. It is therefore bound to repeat these comments which read as follows:

The Committee notes that section 100 of the Labour Code establishes the principle of the prohibition of terminating the employment of a pregnant woman or a woman with a child under 3 years of age. However, it notes that this provision authorizes termination of employment in certain limited cases of serious fault which it enumerates, whereas the Convention provides for an absolute prohibition for the employer to give a woman notice of dismissal during the period of maternity leave, or at such time that the notice would expire during such absence. While agreeing with the Government that the protection afforded by the Labour Code covers a longer period than that envisaged in the Convention, the Committee recalls that the purpose of this provision of the Convention is to provide greater protection during the absence of the woman worker, thereby protecting her from any discrimination on grounds of maternity. It does not however, for example, oblige an employer terminating her or his activity or detecting a serious fault on the part of a woman employee to maintain the employment contract of a woman worker, despite reasons justifying dismissal, but merely to extend the legal period of notice by means of a supplementary period equal to the time required to complete the absence on maternity leave. The Committee hopes that, in view of the above, the Government will be in a position to re-examine the relevant provisions of the Labour Code so as to prohibit termination of employment during the period protected by the Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes that according to the Confederation of Mongolian Trade Unions (CMTU), the implementation of the legal provisions on maternity protection is unsatisfactory. The CMTU refers to a trade union survey establishing that pregnant women or women workers with young children become victims of harassments at their workplace. It also states that companies undertake layoffs motivated by the economic and financial crisis and targeting, in particular, women who just completed their maternity leave or women with young children. The CMTU indicates that it has recently offered legal assistance in a number of occasions to women with such complaints. The Committee requests the Government to respond to these comments in its next report.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraphs 2 and 3, of the Convention. Compulsory leave after confinement. The Committee notes with interest the adoption in 1999 of the new Labour Code establishing maternity leave of 120 days, or around 17 weeks. However, it notes that the Labour Code does not provide that part of the leave must be taken after confinement. In its report, the Government indicates in this respect that the taking of maternity leave is based on a personal decision by the woman worker, without any obligation in this regard. The Committee is nevertheless bound to recall, as it did previously in relation to the former Labour Act, that under the terms of the Convention, part of the maternity leave, which shall not be less than six weeks, has to be taken after confinement. In these conditions, it is bound to regret that the Government did not take the opportunity of the adoption of the new Labour Code to bring the national legislation into conformity with the Convention. In this connection, the Committee recalls that the prohibition on working for a period of six weeks after confinement, as envisaged by the Convention, constitutes a measure of additional protection to the right to maternity leave intended to prevent the worker from resuming her work as a result of pressure or with a view to material advantage before expiry of the legal period of postnatal leave to the detriment of her own health and that of her child. The Committee trusts that, in the light of these considerations, the Government will take the necessary measures in the very near future to supplement the Labour Code with a provision setting out the compulsory nature of a period of postnatal leave, which shall not be less than six weeks, in accordance with Article 3 of the Convention.

Article 4, paragraphs 1, 2, 4 and 6. Cash maternity benefits. The Committee notes that the Law on Social Insurance of 14 May 1994 provides that employed persons in the private and public sectors shall be subject to the compulsory social insurance system, in the context of which a social welfare fund and a health insurance fund have been established. According to the Government’s report, persons contributing to the social insurance system receive maternity benefits for a period of four months, with the amount of the benefits being calculated on the basis of the income of women workers and the allowances to which they are entitled under the social assistance legislation. However, as the Law on Social Insurance covers social insurance benefits in general terms, without specifically dealing with maternity benefits, or their amount, the Committee would be grateful if the Government would provide further information on the legislative texts governing maternity benefits in cash, and particularly establishing their rate. Furthermore, in view of the Government’s indication that the current level of the minimum wage is not enough to provide food and adequate housing for a mother and her child, the Committee would be grateful if the Government would indicate the measures taken to ensure that the maternity benefits provided within the framework of the social insurance system, the amount of which is calculated on the basis of remuneration, are sufficient to ensure the full and healthy maintenance of the mother and her child in accordance with a suitable standard of living, as required by the Convention.

Article 4, paragraph 5. Adequate benefits out of social assistance funds. The Committee notes the Government’s indication that women who are not entitled to social insurance benefits as a matter of right are provided with social assistance maternity allowances equal to the minimum wage in force in the country. The Government indicates in this connection that the amount of the allowance is not enough to provide food and adequate housing for the mother and her child. Noting this information, the Committee would be grateful if the Government would indicate the conditions required, such as a minimum level of contributions, in addition to registration with the social insurance system, as prescribed by section 6(1) of the Law on Social Insurance, for entitlement to social insurance cash benefits. The Committee also recalls the requirement set out in the Convention that women who fail to qualify for cash benefits provided as a matter of right shall be entitled to adequate benefits out of social assistance funds and it trusts that the Government will take the necessary measures to ensure the provision of adequate maternity allowances within the framework of social assistance.

Article 4, paragraph 3. Medical benefits. The Committee notes the Government’s indication in its report that the mothers of children under two years of age and children under 16 years of age benefit from free health insurance. It also notes the Government’s indication that it attached to its report a copy of the Health Insurance Law. As this text does not appear to have reached the Office, the Committee would be grateful if the Government would provide a copy with its next report, together with information on the nature of the prenatal care, care during confinement and postnatal care included in the medical benefits to which women workers covered by the Convention are entitled.

Article 6. Dismissals. The Committee notes that section 100 of the Labour Code establishes the principle of the prohibition of terminating the employment of a pregnant woman or a woman with a child under 3 years of age. However, it notes that this provision authorizes termination of employment in certain limited cases of serious fault which it enumerates, whereas the Convention provides for an absolute prohibition for the employer to give a woman notice of dismissal during the period of maternity leave, or at such time that the notice would expire during such absence. While agreeing with the Government that the protection afforded by the Labour Code covers a longer period than that envisaged in the Convention, the Committee recalls that the purpose of this provision of the Convention is to provide greater protection during the absence of the woman worker, thereby protecting her from any discrimination on grounds of maternity. It does not however, for example, oblige an employer terminating her or his activity or detecting a serious fault on the part of a woman employee to maintain the employment contract of a woman worker, despite reasons justifying dismissal, but merely to extend the legal period of notice by means of a supplementary period equal to the time required to complete the absence on maternity leave. The Committee hopes that, in view of the above, the Government will be in a position to re-examine the relevant provisions of the Labour Code so as to prohibit termination of employment during the period protected by the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the reports provided by the Government and the attached legislative texts, and would like to draw its attention to the following points.

Article 3, paragraphs 2 and 3, of the Convention. Compulsory leave after confinement. The Committee notes with interest the adoption in 1999 of the new Labour Code establishing maternity leave of 120 days, or around 17 weeks. However, it notes that the Labour Code does not provide that part of the leave must be taken after confinement. In its report, the Government indicates in this respect that the taking of maternity leave is based on a personal decision by the woman worker, without any obligation in this regard. The Committee is nevertheless bound to recall, as it did previously in relation to the former Labour Act, that under the terms of the Convention, part of the maternity leave, which shall not be less than six weeks, has to be taken after confinement. In these conditions, it is bound to regret that the Government did not take the opportunity of the adoption of the new Labour Code to bring the national legislation into conformity with the Convention. In this connection, the Committee recalls that the prohibition on working for a period of six weeks after confinement, as envisaged by the Convention, constitutes a measure of additional protection to the right to maternity leave intended to prevent the worker from resuming her work as a result of pressure or with a view to material advantage before expiry of the legal period of postnatal leave to the detriment of her own health and that of her child. The Committee trusts that, in the light of these considerations, the Government will take the necessary measures in the very near future to supplement the Labour Code with a provision setting out the compulsory nature of a period of postnatal leave, which shall not be less than six weeks, in accordance with Article 3 of the Convention.

Article 4, paragraphs 1, 2, 4 and 6. Cash maternity benefits. The Committee notes that the Law on Social Insurance of 14 May 1994 provides that employed persons in the private and public sectors shall be subject to the compulsory social insurance system, in the context of which a social welfare fund and a health insurance fund have been established. According to the Government’s report, persons contributing to the social insurance system receive maternity benefits for a period of four months, with the amount of the benefits being calculated on the basis of the income of women workers and the allowances to which they are entitled under the social assistance legislation. However, as the Law on Social Insurance covers social insurance benefits in general terms, without specifically dealing with maternity benefits, or their amount, the Committee would be grateful if the Government would provide further information on the legislative texts governing maternity benefits in cash, and particularly establishing their rate. Furthermore, in view of the Government’s indication that the current level of the minimum wage is not enough to provide food and adequate housing for a mother and her child, the Committee would be grateful if the Government would indicate the measures taken to ensure that the maternity benefits provided within the framework of the social insurance system, the amount of which is calculated on the basis of remuneration, are sufficient to ensure the full and healthy maintenance of the mother and her child in accordance with a suitable standard of living, as required by the Convention.

Article 4, paragraph 5. Adequate benefits out of social assistance funds. The Committee notes the Government’s indication that women who are not entitled to social insurance benefits as a matter of right are provided with social assistance maternity allowances equal to the minimum wage in force in the country. The Government indicates in this connection that the amount of the allowance is not enough to provide food and adequate housing for the mother and her child. Noting this information, the Committee would be grateful if the Government would indicate the conditions required, such as a minimum level of contributions, in addition to registration with the social insurance system, as prescribed by section 6(1) of the Law on Social Insurance, for entitlement to social insurance cash benefits. The Committee also recalls the requirement set out in the Convention that women who fail to qualify for cash benefits provided as a matter of right shall be entitled to adequate benefits out of social assistance funds and it trusts that the Government will take the necessary measures to ensure the provision of adequate maternity allowances within the framework of social assistance.

Article 4, paragraph 3. Medical benefits. The Committee notes the Government’s indication in its report that the mothers of children under two years of age and children under 16 years of age benefit from free health insurance. It also notes the Government’s indication that it attached to its report a copy of the Health Insurance Law. As this text does not appear to have reached the Office, the Committee would be grateful if the Government would provide a copy with its next report, together with information on the nature of the prenatal care, care during confinement and postnatal care included in the medical benefits to which women workers covered by the Convention are entitled.

Article 6. The Committee notes that section 100 of the Labour Code establishes the principle of the prohibition of terminating the employment of a pregnant woman or a woman with a child under 3 years of age. However, it notes that this provision authorizes termination of employment in certain limited cases of serious fault which it enumerates, whereas the Convention provides for an absolute prohibition for the employer to give a woman notice of dismissal during the period of maternity leave, or at such time that the notice would expire during such absence. While agreeing with the Government that the protection afforded by the Labour Code covers a longer period than that envisaged in the Convention, the Committee recalls that the purpose of this provision of the Convention is to provide greater protection during the absence of the woman worker, thereby protecting her from any discrimination on grounds of maternity. It does not however, for example, oblige an employer terminating her or his activity or detecting a serious fault on the part of a woman employee to maintain the employment contract of a woman worker, despite reasons justifying dismissal, but merely to extend the legal period of notice by means of a supplementary period equal to the time required to complete the absence on maternity leave. The Committee hopes that, in view of the above, the Government will be in a position to re-examine the relevant provisions of the Labour Code so as to prohibit termination of employment during the period protected by the Convention.

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

The Committee notes with regret that, for the fifth consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its direct request of 1997, which read as follows:

1. Article 3, paragraphs 2 and 3, of the Convention. The Committee recalls that section 81 of the Labour Act, 1991, grants 45 days’ leave before and 56 days after confinement without specifying whether the postnatal leave is compulsory. The Committee requests the Government to indicate whether provisions exist or are contemplated to ensure the compulsory nature of leave after confinement, in accordance with the provisions of the Convention.

Article 4. (a) The Government states in its report that maternity benefits are not dependent on social security legislation but on social welfare legislation and are granted by the Government in the form of social welfare allowances. In addition, the Government states that this new system is less advantageous in that the pre and postnatal allowances previously corresponded to the net wage whereas they are now equal to the minimum wage. The Committee notes this information. It requests the Government to indicate whether these allowances are sufficient for the full and healthy maintenance of the woman and her child in accordance with a suitable standard of living, in accordance with Article 4, paragraph 2, of the Convention.

(b) In addition, please supply detailed information on the nature and amount of the medical benefits and benefits in kind granted to women on maternity leave as well as the conditions for granting them, specifying the relevant legal provisions.

2. Finally, the Committee requests the Government to supply in its next report detailed information for each Article of the Convention in accordance with the report form adopted by the Governing Body. It also requests the Government to supply a copy of the legislation mentioned in its report, particularly the 1993 Health Insurance Law, as amended in 1994, the 1994 Social Insurance Law, as amended in 1997, and the Social Welfare Law, along with any new text which has been adopted.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that, for the fourth consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its direct request of 1997, which read as follows:

1. Article 3, paragraphs 2 and 3, of the Convention. The Committee recalls that section 81 of the Labour Act, 1991, grants 45 days’ leave before and 56 days after confinement without specifying whether the postnatal leave is compulsory. The Committee requests the Government to indicate whether provisions exist or are contemplated to ensure the compulsory nature of leave after confinement, in accordance with the provisions of the Convention.

Article 4. (a) The Government states in its report that maternity benefits are not dependent on social security legislation but on social welfare legislation and are granted by the Government in the form of social welfare allowances. In addition, the Government states that this new system is less advantageous in that the pre and postnatal allowances previously corresponded to the net wage whereas they are now equal to the minimum wage. The Committee notes this information. It requests the Government to indicate whether these allowances are sufficient for the full and healthy maintenance of the woman and her child in accordance with a suitable standard of living, in accordance with Article 4, paragraph 2, of the Convention.

(b) In addition, please supply detailed information on the nature and amount of the medical benefits and benefits in kind granted to women on maternity leave as well as the conditions for granting them, specifying the relevant legal provisions.

2. Finally, the Committee requests the Government to supply in its next report detailed information for each Article of the Convention in accordance with the report form adopted by the Governing Body. It also requests the Government to supply a copy of the legislation mentioned in its report, particularly the 1993 Health Insurance Law, as amended in 1994, the 1994 Social Insurance Law, as amended in 1997, and the Social Welfare Law, along with any new text which has been adopted.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that, for the third consecutive year,  the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 3, paragraphs 2 and 3, of the Convention. The Committee recalls that section 81 of the Labour Act, 1991, grants 45 days’ leave before and 56 days after confinement without specifying whether the postnatal leave is compulsory. The Committee requests the Government to indicate whether provisions exist or are contemplated to ensure the compulsory nature of leave after confinement, in accordance with the provisions of the Convention .

  Article 4. (a) The Government states in its report that maternity benefits are not dependent on social security legislation but on social welfare legislation and are granted by the Government in the form of social welfare allowances. In addition, the Government states that this new system is less advantageous in that the pre and postnatal allowances previously corresponded to the net wage whereas they are now equal to the minimum wage. The Committee notes this information. It requests the Government to indicate whether these allowances are sufficient for the full and healthy maintenance of the woman and her child in accordance with a suitable standard of living, in accordance with Article 4, paragraph 2, of the Convention.

(b) In addition, please supply detailed information on the nature and amount of the medical benefits and benefits in kind granted to women on maternity leave as well as the conditions for granting them, specifying the relevant legal provisions.

2. Finally, the Committee requests the Government to supply in its next report detailed information for each Article of the Convention in accordance with the report form adopted by the Governing Body. It also requests the Government to supply a copy of the legislation mentioned in its report, particularly the 1993 Health Insurance Law, as amended in 1994, the 1994 Social Insurance Law, as amended in 1997, and the Social Welfare Law, along with any new text which has been adopted.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

1.  Article 3, paragraphs 2 and 3, of the Convention.  The Committee recalls that section 81 of the Labour Act, 1991, grants 45 days’ leave before and 56 days after confinement without specifying whether the postnatal leave is compulsory. The Committee requests the Government to indicate whether provisions exist or are contemplated to ensure the compulsory nature of leave after confinement, in accordance with the provisions of the Convention .

  Article 4.  (a)  The Government states in its report that maternity benefits are not dependent on social security legislation but on social welfare legislation and are granted by the Government in the form of social welfare allowances. In addition, the Government states that this new system is less advantageous in that the pre and postnatal allowances previously corresponded to the net wage whereas they are now equal to the minimum wage. The Committee notes this information. It requests the Government to indicate whether these allowances are sufficient for the full and healthy maintenance of the woman and her child in accordance with a suitable standard of living, in accordance with Article 4, paragraph 2, of the Convention.

(b)  In addition, please supply detailed information on the nature and amount of the medical benefits and benefits in kind granted to women on maternity leave as well as the conditions for granting them, specifying the relevant legal provisions.

2.  Finally, the Committee requests the Government to supply in its next report detailed information for each Article of the Convention in accordance with the report form adopted by the Governing Body. It also requests the Government to supply a copy of the legislation mentioned in its report, particularly the 1993 Health Insurance Law, as amended in 1994, the 1994 Social Insurance Law, as amended in 1997, and the Social Welfare Law, along with any new text which has been adopted.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 3, paragraphs 2 and 3, of the Convention. The Committee recalls that section 81 of the Labour Act, 1991, grants 45 days' leave before and 56 days after confinement without specifying whether the postnatal leave is compulsory. The Committee requests the Government to indicate whether provisions exist or are contemplated to ensure the compulsory nature of leave after confinement, in accordance with the provisions of the Convention .

Article 4. (a) The Government states in its report that maternity benefits are not dependent on social security legislation but on social welfare legislation and are granted by the Government in the form of social welfare allowances. In addition, the Government states that this new system is less advantageous in that the pre and postnatal allowances previously corresponded to the net wage whereas they are now equal to the minimum wage. The Committee notes this information. It requests the Government to indicate whether these allowances are sufficient for the full and healthy maintenance of the woman and her child in accordance with a suitable standard of living, in accordance with Article 4, paragraph 2, of the Convention.

(b) In addition, please supply detailed information on the nature and amount of the medical benefits and benefits in kind granted to women on maternity leave as well as the conditions for granting them, specifying the relevant legal provisions.

2. Finally, the Committee requests the Government to supply in its next report detailed information for each Article of the Convention in accordance with the report form adopted by the Governing Body. It also requests the Government to supply a copy of the legislation mentioned in its report, particularly the 1993 Health Insurance Law, as amended in 1994, the 1994 Social Insurance Law, as amended in 1997, and the Social Welfare Law, along with any new text which has been adopted.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the information supplied by the Government in its report and wishes to draw the Government's attention to the following matters:

Article 3, paragraphs 2 and 3, of the Convention. The Committee recalls that section 81 of the Labour Act, 1991, grants 45 days' leave before and 56 days after confinement without specifying whether the postnatal leave is compulsory. The Committee requests the Government to indicate whether provisions exist or are contemplated to ensure the compulsory nature of leave after confinement, in accordance with the provisions of the Convention.

Article 4. (a) The Government states in its report that maternity benefits are not dependent on social security legislation but on social welfare legislation and are granted by the Government in the form of social welfare allowances. In addition, the Government states that this new system is less advantageous in that the pre and postnatal allowances previously corresponded to the net wage whereas they are now equal to the minimum wage. The Committee notes this information. It requests the Government to indicate whether these allowances are sufficient for the full and healthy maintenance of the woman and her child in accordance with a suitable standard of living, in accordance with Article 4, paragraph 2, of the Convention.

(b) In addition, please supply detailed information on the nature and amount of the medical benefits and benefits in kind granted to women on maternity leave as well as the conditions for granting them, specifying the relevant legal provisions.

2. Finally, the Committee requests the Government to supply in its next report detailed information for each Article of the Convention in accordance with the report form adopted by the Governing Body. It also requests the Government to supply a copy of the legislation mentioned in its report, particularly the 1993 Health Insurance Law, as amended in 1994, the 1994 Social Insurance Law, as amended in 1997, and the Social Welfare Law, along with any new text which has been adopted.

[The Government is requested to supply a detailed report in 1999.]

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the adoption of the Labour Law (1991). It notes in particular that section 81 states that a woman shall be entitled to 45 days of leave before and 56 days after giving birth but does not specify that postnatal confinement is mandatory. The Committee would appreciate receiving further information on what provisions exist or are envisaged to ensure the mandatory nature of the postnatal leave, in conformity with Article 3(2) and (3) of the Convention.

The Committee also notes that the Government mentions in its report the Act on Medical Insurance (1993) and the Act on Pensions (1991) and states that, due to the transition to a market economy, a draft package of social insurance laws has been prepared. The Committee would appreciate receiving with the next report a copy of the above-mentioned laws and any others enacted, to fully evaluate the application of the Convention.