Maternity Protection Convention, 2000 (No. 183) - Latvia (Ratification: 2009)

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

Article 2 of the Convention. Coverage of public employees. The Committee notes the reply provided by the Government, in its report, concerning the manner in which the Convention is applied to public sector employees. It notes, in particular, that public sector employees benefit from the same protection as private sector employees in relation to maternity and that they are covered by the same provisions in this respect, namely the Labour Law, the Law on Maternity and Sickness Insurance, 1995, and the Law on State Social Benefits, 2002. The Committee takes note of this information.

Article 4(4). Compulsory postnatal leave. In its previous comments, the Committee requested the Government to indicate whether the representative organizations of employers and workers at the national level had been consulted regarding the establishment of a compulsory postnatal leave of two weeks in the Labour Law, considering that Article 4(4) of the Convention required maternity leave to include a period of six weeks' compulsory leave after childbirth, unless otherwise agreed at the national level by the government and the representative organizations of employers and workers.

In reply, the Government indicates that the minimum 2-week period of compulsory maternity leave was included in the Labour Law after consultation and in agreement with workers’ and employers’ representatives, namely the Free Trade Union Confederation of Latvia and the Employers’ Confederation of Latvia. The Government further specifies that, according to section 154 of the Labor Law, all women covered are entitled to 56 days of postnatal maternity leave, which they can use as they wish or require. The Committee takes note of this information.

Article 6(1). Suspension of maternity cash benefits in case of incapacity of the mother to care for her child. In its previous comments, the Committee noted that maternity benefits were suspended where a woman could not care for her child during a period of up to 42 days after birth due to health-related reasons, and requested the Government to indicate if during that suspension, sickness benefit was provided so as to allow the payment of maternity benefits to resume upon recovery from illness. The Committee notes the reply of the Government, indicating that, pursuant to section 6 (2) of the Law on Maternity and Sickness Insurance, 1995, where the mother is incapable of caring for her child for up to 42 days following childbirth due to sickness, injury or other health-related reasons, the father or the person who is effectively taking care of the child is granted the maternity benefit for the time during which the mother is not able to care for her child. The Committee further notes that, according to the Government, in such cases maternity benefits are not suspended, as both the mother and the father, or the other person caring for the child in lieu of the parents, are entitled to the maternity benefit simultaneously. The Committee takes note of this information.

Articles 6(1) and 9. Replacement of maternity leave by sick leave in certain cases. In its previous comments, the Committee noted that, pursuant to section 5(6) of the Law on Maternity and Sickness Insurance, women who relinquish the care and upbringing of their child or abandon their child were granted sickness benefit in place of maternity cash benefit, and requested the Government to indicate if sickness benefit could be provided during the whole period of maternity leave.

The Committee notes the Government’s reply, indicating that the duration of sickness or disability benefit in such cases would be linked to the health condition of the woman concerned, and is provided until she recovers. The payment of sickness benefit for the whole duration of the maternity leave period is therefore not envisaged. On this basis, the Government does not consider the right to sickness benefit to be guaranteed for a shorter period than maternity leave, and indicates that no problematic cases have been identified until now. The Committee also notes the Government’s indication that, in case of a child abandonment, the entitlement to maternity benefit is transferred to the father or to the other carer, as the case may be, and notes that section 6 (1) and (2) of the Law on Maternity and Sickness Insurance provides the same in cases where the mother has relinquished the care and raising of the child. Lastly, the Government specifies that in Latvia, the source of financing of sickness and maternity benefits is the same, and that these benefits come from the same fund.

While taking due note of the above, the Committee reiterates that the measure set out in section 5(6) of the Law on Maternity and Sickness Insurance in the case of a woman who relinquishes the care and upbringing of her child, or abandons her child, may have the effect of depriving the insured person of her maternity benefit entitlements and of unduly shortening her right to sickness benefits in the postnatal period. It may also lead to discrimination against women, contrary to Article 9 of the Convention, pursuant to which maternity shall not constitute a source of discrimination in employment. The Committee thus requests the Government to indicate any measure taken or envisaged to ensure that the cash benefits provided to women in the above mentioned cases to allow them to recover from pregnancy, childbirth and their consequences, for up to 2 weeks, which corresponds to the mandatory postnatal leave period in Latvia do not reduce their overall sickness benefit entitlement.

Article 6(2) and (3). Level of cash benefits. In its previous comments, the Committee requested the Government to indicate for which categories of women workers the replacement rate of 80 per cent of insurable earnings established by the national legislation for maternity benefits would be insufficient for the maintenance of the mother and child, as prescribed by Article 6(2) of the Convention, compared to at-risk-of-poverty level and subsistence level determined in the country, as well as to supply information on how maternity benefits paid to low wage earners are related to the poverty and subsistence levels determined in the country. The Committee notes the reply provided by the Government, indicating that low wage earners are protected by a statutory minimum monthly wage of EUR 500 in 2021. Consequently, the amount of the minimum maternity benefit in 2021 is EUR 400, representing 80 per cent of the minimum wage.

The Committee observes, however, based on the latest data available in the Eurostat database, that Latvia, in 2021, is still among the countries of the European Union (EU) with the highest share of persons at risk of poverty, i.e. 26 per cent of the population. Considering that the at-risk-of-poverty threshold (set, in the EU, at 60 per cent of the national median equivalized disposable income) corresponded, in 2019, to EUR 441 for Latvia, for a single person household, the Committee observes that a minimum maternity benefit of €400, is below the at-risk-of-poverty threshold.

In view of the above, the Committee requests the Government to indicate the measures taken to guarantee that maternity cash benefits are provided at a level ensuring that women can maintain themselves and their children in proper conditions of health and with a suitable standard of living, in accordance with Article 6(2) of the Convention. In this regard, the Committee requests the Government to provide information on any other cash benefits to which women, and in particular those at-risk of poverty, would be entitled during maternity leave, so as to ensure the application of Article 6(2) of the Convention. The Committee further requests the Government to indicate if the statutory minimum wage is applicable to women in atypical forms of dependent work, to whom the protection set out in the Convention must also be guaranteed.

Article 6(7). Medical benefits. Noting that the legislation only provided for free of charge medical care during the first 42 days following childbirth, the Committee previously requested the Government to indicate the measures it envisaged to take with a view to harmonizing national laws and regulations with Article 6(7) of the Convention, to ensure the provision of prenatal, childbirth and postnatal care, as well as hospitalization care when necessary, free of charge, at least during the period of maternity leave. The Committee notes with satisfaction that, pursuant to the Health Care Financing Law of 14 December 2017, women who receive health care services related to pregnancy and post-natal observation, are released from any co-payment otherwise required, and therefore receive maternity medical care services free of charge for up to seventy days after childbirth. The Committee takes note of this information.

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

Article 6(7). Medical benefits. In its previous comments, the Committee asked the Government to specify how medical care was provided following the period of 42 days after childbirth during which women are exempted from sharing the cost of maternity related health care (Regulations No. 611 of 25 July 2006). In its reply, the Government indicates that, should a treatment have begun prior to the elapsing of the 42 postnatal day limit and need to be continued thereafter, co-payment by the insured woman would not be required. Taking due note of this information, the Committee recalls that the Convention requires free of charge prenatal, childbirth and postnatal care, as well as hospitalization care when necessary, to be provided at least during the entire period of maternity leave. In Latvia, the duration of postnatal maternity leave is 56–70 days while the legislation only provides for free of charge medical care during the first 42 days following childbirth. The Committee therefore asks the Government to indicate the measures it intends to take with a view to harmonizing the national laws and regulations with this provision of the Convention.

Article 6(3). Level of cash benefits. In its report, the Government refers to the temporary measures imposing restrictions on social insurance benefits, including maternity benefits, indicating that a discussion is under way concerning the abolition of restrictions from January 2014. The Committee notes that, as a result of these measures, between 2009 and 2012, the report indicates that the average amount of maternity benefits lost about 45 per cent of its value in real terms, taking into account the decrease of 15 per cent in the average level of earnings in the country. It also observes that, since the beginning of 2013, following amendments to the Law on Payment of State Allowances, the level of benefits rose thus narrowing the gap with the 2009 average level down to 35 per cent. The Committee also notes that, according to information from EUROSTAT, in 2011, Latvia was among the European Union countries with the highest share of persons at risk of poverty or social exclusion – 40 per cent of the population, and the highest proportion of low wage earners – 27.8 per cent. It was also one of the countries with the highest tax burden on these workers.

In view of the concurrent decrease of wages and benefits calculated as a percentage of those wages, the Committee would like the Government to indicate for which categories of women workers the replacement rate of 80 per cent of insurable earnings established by the national legislation for maternity benefits will be insufficient for the maintenance of the mother and child in proper conditions of health and with a suitable standard of living as prescribed by Article 6(2) of the Convention, compared to at-risk-of-poverty level and subsistence level determined in the country. In addition, with respect in particular to low wage earners, the Committee wishes to emphasize that these workers form the most important category of persons protected by the Convention. Should this category of workers not receive benefits sufficient to ensure life in health and decency as required by the Social Security (Minimum Standards) Convention, 1952 (No. 102), this would demonstrate that the social security system operates below at-risk-of-poverty level and possibly even below the subsistence level. The Committee consequently requests the Government to also supply information on how maternity benefits paid to low wage earners relate to the poverty and subsistence levels determined in the country.

Article 6(1). Suspension of cash maternity benefits. Referring to its previous comments, the Committee notes the Government’s indication that maternity benefit is suspended in accordance with section 5(6) of the Law on Maternity and Sickness insurance in case the beneficiary has relinquished the care and upbringing of her child. In such cases, in accordance with the procedure specified in subparagraph 18.5 of Cabinet Resolution No. 152 of 3 April 2001 establishing the procedure for granting sick-leave certificates, a woman would be granted sickness benefit (at the same replacement rate as maternity benefit) to ensure her rehabilitation and recovery of her working capacity after giving birth. While taking note of this information, the Committee observes that the woman may recover her working capacity before the insured person has used up her fully paid maternity leave. It therefore asks the Government to indicate whether, in the situation mentioned above, the insured person is guaranteed to receive cash benefits for the entire period of remaining maternity leave after childbirth.

Other cases of suspension of cash benefits. The Committee further notes that maternity benefits are also suspended pursuant to the above provision of the Law on Maternity and Sickness insurance: (i) where a woman cannot care for her child during a period of up to 42 days after birth due to sickness, injury or other health-related reasons; or (ii) in case of child abandonment. As regards the first case of suspension, the Committee understands that, during the suspension of maternity benefits, sickness benefit would be provided so as to allow maternity benefit to resume being paid upon recovery from illness. The Government is asked to confirm that such is indeed the case. As regards the suspension of maternity benefit in case of child abandonment, the Committee asks the Government to specify whether the above 2001 Cabinet Resolution applies to this case of suspension and entitles the insured person to sickness benefit and to indicate whether such a benefit would be paid for the entire period of the remaining maternity leave.

Replacement of maternity leave by sick leave. The Committee notes that, in Latvia, an insured person is entitled to sickness benefit for 26 weeks from the first day of incapacity if incapacity has been continuous, or 52 weeks over a three-year period if incapacity has been repetitive. In the event that sick leave is provided where an insured woman has relinquished the care and raising or has abandoned her child, this could result in a deduction of up to ten weeks from the sickness benefit entitlements, whereas the insured woman had contributed and qualified for maternity benefits corresponding to the entire duration of maternity leave, that is between 16 and 20 weeks. The Committee wishes to emphasize that such a measure would have the effect of depriving the insured person, firstly, of her maternity benefit entitlements and therefore does not comply with Article 6 of the Convention and, secondly, of unduly shortening her right to sickness benefits in the postnatal period when she might need them most. In both cases, it may lead to discrimination against women contrary to Article 9 of the Convention pursuant to which maternity shall not constitute a source of discrimination in employment. Sickness benefit and maternity benefit normally constitute distinct contingencies covered by separate branches of social security for which corresponding contributions are paid by the insured persons. Replacing one by the other, instead of providing both with full durations, would not seem fair from the point of view of the equitable balance between rights and contributions. The Committee would therefore like the Government to reconsider the rationale of maintaining the abovementioned provisions of section 5(6) of the Law on Maternity and Sickness insurance in their current form in the light of these considerations.

Article 4(4). Compulsory postnatal leave. The Committee notes that, with a view to protecting both women’s health and the right to return to work, the Labour Law provides for compulsory postnatal leave of two weeks, which is shorter than the six-week period required by the Convention. The Committee asks the Government to indicate whether the representative organizations of employers and workers at the national level were consulted by the Government and agreed to this reduction of the duration of compulsory postnatal leave.

Article 2. Public employees. Please provide detailed information on the manner in which each of the provisions of the Convention is applied to public sector employees.

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

Article 6(1) of the Convention. Provision of cash benefits to the woman concerned. The Committee notes from the Government’s first report, that according to section 6 of the Law on Maternity and Sickness Insurance, maternity benefits during maternity leave are not paid to the mother when: (a) she has relinquished the care and raising of her child in accordance with the procedures specified in regulations; (b) she cannot care for her child during a period of up to 42 days after birth due to sickness, injury or other health-related reasons; or (c) she abandoned her child. In these cases the maternity benefit is transmitted to the father or other carer who takes care of the child at home for the days the mother was unable to care for her child. The Committee recalls that, in accordance with Article 6(1) of the Convention, cash benefits during compulsory leave are intended to maintain the woman’s income during the period necessary for restoring or improving her health and are not made conditional upon caring for the child. They should be paid out to the mother throughout maternity leave even if the child is abandoned or dies and are not transmissible to the father or other carer for the period of sickness of the mother. In the light of these explanations, the Committee requests the Government to assess the compatibility of the abovementioned provisions of section 6 of the Law with the requirements of Article 6(1) of the Convention read together with its Article 4(4) and advise on the steps to ensure conformity with the Convention’s obligations.

Article 6(3). Level of cash benefits. The Government’s report refers to temporary measures imposing restrictions on social insurance benefits as of 3 November 2010 until 31 December 2012, in the context of the economic crisis in Latvia (articles 11 and 12 of the Law on Payment of State Allowances during the time period from 2009 to 2012, dated 17 September 2009, as amended), which result in maternity benefits for women with higher incomes that are less than two-thirds of their previous earnings. The Government shall evaluate the restrictions twice a year and submit a report to the Parliament regarding the retention of these restrictions and, if necessary, a draft law on the partial or complete revocation of restrictions (article 9 of the Law). The Committee notes the intended temporary nature of these legal measures taken due to the economic situation in Latvia. Recalling that, under this provision of the Convention, maternity benefits shall not be less than two-thirds of previous earnings or of such of those earnings taken into account for the purpose of computing benefits, the Committee requests the Government to keep it informed on further developments concerning the revocation of the restrictions imposed on cash maternity benefits provided under the Law on Maternity and Sickness Insurance.

Article 6(7). Medical benefits. The report states that women up to 42 days after the birth of their child shall be exempted from paying a financial contribution when health care concerns the consequences of pregnancy (article 10(2) of Cabinet Regulation No. 1046 on the Procedures for Health Care Organization and Financing of 19 December 2006). In Latvia, the maximum duration of maternity leave is 140 days and the average duration of post-natal leave taken in 2011 is 55.85 days. Recalling that medical benefits should be provided free of charge during the whole period of post-natal leave, the Committee requests the Government to explain whether women who, due to the consequences of delivery, require medical care beyond the 42 days after delivery, are compelled to pay a financial contribution to the cost of this care.