Maternity Protection Convention, 1919 (No. 3) - Côte d'Ivoire (Ratification: 1961)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3(a) of the Convention. Compulsory postnatal maternity leave. The Committee notes with interest the indication by the Government in its reply that the Labour Code, Act No. 2015‐532 of 20 July 2015, includes in its section 23.6 a compulsory postnatal maternity leave period. This period corresponds to 8 weeks after childbirth, out of the 14-week maternity period provided for under the above-mentioned section. The Committee takes due note of this information.

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

Article 3(a) of the Convention. Compulsory postnatal leave. In reply to the Committee’s previous comments, the Government specifies that the compulsory nature of the eight-week period of postnatal leave is expressly established in section 23(6) of the preliminary draft amendment of the Labour Code, a copy of which will be sent to the Office as soon as it is adopted. The Committee hopes that this draft will be adopted in the near future and so give full effect to this provision of the Convention, which protects mothers from any pressure exerted by employers to return to work before the end of the postnatal leave, to the detriment of their health and that of their children.

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

Article 3(a) of the Convention. Compulsory postnatal leave. The Committee notes with interest that pursuant to the resolutions taken at the pre‑forum meeting of the 2007 social forum, the issue of postnatal leave will be dealt with in the context of the Labour Code revision in order to specify that postnatal leave shall on no account be less than eight weeks. The Committee requests the Government to keep the Office informed of all progress towards supplementing the Labour Code with a provision specifying that postnatal leave of at least six weeks following confinement is compulsory, in accordance with this provision of the Convention and to provide a copy of any such provision.

Article 3(c). Receipt of maternity benefit in the event of a mistake in the presumed date of confinement. The Government indicates in its report that where confinement takes place after the presumed date, the law guarantees eight weeks of postnatal leave, as well as maternity benefit equal to the basic remuneration and any other allowances received prior to maternity leave. The Committee notes this information and requests the Government in its next report to provide a copy of the relevant legislative and regulatory provisions.

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(a) of the Convention. Compulsory postnatal leave. The Committee notes the Government’s statement that, once Parliament is in a position to take up its normal activities once again, it intends to supplement the Labour Code by establishing explicitly, in accordance with this provision of the Convention, the compulsory nature of a part of postnatal leave of a minimum duration of six weeks.

Article 3(c). Receipt of maternity benefits in the event of a mistake in the presumed date of confinement. The Committee notes the Government’s statement that it also undertakes to adopt the necessary measures to ensure that, in the event of a mistake in the presumed date of confinement, that is particularly in cases of late confinement, women workers are assured of receiving their maternity benefits, in accordance with this provision of the Convention.

The Committee would be grateful if the Government would keep it informed of any progress achieved in this respect and provide with its next report a copy of any amendment to the relevant laws or regulations.

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

The Committee notes the report provided by the Government and the information supplied in reply to its previous comments, particularly in relation to Articles 1 and 3(c) of the Convention.

Article 3(a) of the Convention. Compulsory postnatal leave. The Committee notes the Government’s statement that, once Parliament is in a position to take up its normal activities once again, it intends to supplement the Labour Code by establishing explicitly, in accordance with this provision of the Convention, the compulsory nature of a part of postnatal leave of a minimum duration of six weeks.

Article 3(c). Receipt of maternity benefits in the event of a mistake in the presumed date of confinement. The Committee notes the Government’s statement that it also undertakes to adopt the necessary measures to ensure that, in the event of a mistake in the presumed date of confinement, that is particularly in cases of late confinement, women workers are assured of receiving their maternity benefits, in accordance with this provision of the Convention.

The Committee would be grateful if the Government would keep it informed of any progress achieved in this respect and provide with its next report a copy of any amendment to the relevant laws or regulations.

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

The Committee notes the Government’s report. It notes in particular the entry into force of Act No. 99-477 amending the Social Insurance Code and requests the Government to provide additional information on the following points.

Articles 1 and 3 of the Convention. With reference to its previous comments, the Committee notes that the current legislation does not provide for specific regulations for any group of workers in either the private or the public sector that excludes them from coverage by the Labour Code. It requests the Government to keep it informed of any developments in this situation in this respect in its future reports.

Article 3(a). In reply to the Committee’s previous comments, the Government states that section 3 D 316 of Decree No. 67-265 of 1967 prohibiting women from being employed in the six weeks following confinement, is no longer in force as it is inconsistent with the provisions of the Labour Code. In this respect the Committee notes that section 23.5 of the Labour Code provides that women workers may stop work for 14 consecutive weeks, eight of which follow confinement, without specifying that the postnatal leave is compulsory. The Committee recalls that by prohibiting work for a six-week period following delivery, the Convention affords protection which supplements the right to leave, the aim being to prevent pressure or the offer of material gain from inciting the worker to return to work before the end of the statutory postnatal leave to the detriment of her health and that of her child. The Committee trusts that, in view of the above, the Government will soon take the necessary measures to supplement the Labour Code with a provision that gives full effect to Article 3(a) of the Convention.

Article 3(c). The Committee notes with interest that section 53(1) of the Social Insurance Code now provides women workers absent from work on maternity leave with a daily allowance equal to the wages they were receiving at the time their contract was suspended, which is in accordance with section 23.6 of the Labour Code. It also notes that, in accordance with the second subsection of the above provision, the requirements for entitlement to and payment of this allowance are established in the conditions provided by decree. Please indicate in this respect whether Decree No. 96-149 of 31 January 1996 fixing the contribution rates for the benefits and allowances due to women workers during pregnancy and maternity leave is still in force or whether other regulations issued in application of section 53(2) of the Social Insurance Code have been adopted. In the latter case, please provide a copy.

Please also provide the text of any decrees adopted by virtue of section 60(1) of the above Code.

Article 3(c), last clause of the sentence. In its previous comments the Committee pointed out the need to take the necessary measures to ensure the application of this provision of the Convention which provides that no mistake in estimating the date of confinement shall preclude a woman from receiving the benefits to which she is entitled from the date of the medical certificate specified in paragraph 3(b) of Article 3 above, up to the date on which the confinement actually takes place. In its reply, the Government cites section 53 of the Social Insurance Code which, regarding the period to be compensated, refers to section 23.5 of the Labour Code. However, although the latter makes provision in respect of delivery before the presumed date of confinement, it contains no provisions for late delivery taking place after this date. The Committee therefore hopes that the Government will be able to indicate in its next report the measures taken or envisaged to give full effect to the above provision of the Convention, for example by supplementing the Labour Code.

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

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

With reference to its observation, the Committee wishes to draw the Government's attention to the following points.

Articles 1 and 3 of the Convention. The Committee notes that, according to section 2(3) of the new Labour Code of 1995, workers employed in the service of the State or legal persons governed by public law and covered by special rules are excluded, within the limits of those special rules and subject to the general principles of administrative law, from the terms of the Labour Code. The Committee would be grateful if the Government would indicate whether women employees in industrial or commercial establishments in the public sector can therefore be excluded from the scope of the Labour Code and to specify, where appropriate, any provisions which ensure that these workers enjoy the protection guaranteed by the Convention.

Article 3(a). The Committee notes that section 23.5 of the Labour Code does not make the postnatal period of leave compulsory, although under the terms of the Convention, women employees are not permitted to work during the six weeks following their confinement. However, the Government in its report cites as legislation giving effect to the provisions of the Convention Decree No. 67-265 of 1967, which in section 3 D 316 stipulates that "it shall be prohibited to employ women within six months of their confinement". The Committee understands from this that the provision in question is still in force and would be grateful if the Government would confirm in its next report that is indeed the case. The Committee also hopes that the Government will examine the possibility of incorporating this provision of Decree No. 67-265 of 1967 in the Labour Code in order to avoid any ambiguity in the implementation of Article 3(a) of the Convention.

Article 3(c). With reference to its previous comments, the Committee notes with interest that under the terms of section 23.6 of the Labour Code, the maternity benefit received by an employee during her maternity leave, and equal to her wages at the time her employment is interrupted, is now paid in its entirety by the National Social Insurance Fund. The Committee requests the Government to indicate whether section 62 of the Social Insurance Code, according to which a woman wage earner during her maternity leave should receive a daily allowance equal to half her actual wages at the time her employment is interrupted, has been amended accordingly.

Article 3(c), final phrase. The Committee notes that the Government in its report cites as legislation giving effect to the provisions of the Convention Order No. 25/TAS/CAB of 1966. This Order amended section 42 of the Regulations of the compensation fund which now stipulates that "when confinement occurs after the presumed date of confinement indicated on the medical certificate, the employee shall receive an amount equivalent to half her wages as a prenatal allowance until the actual date of delivery". The Committee requests the Government to indicate whether this provision is reflected in the internal regulations of the National Social Insurance Fund provided for under section 4 of the Social Insurance Code and whether the benefits referred to in section 42 now amount to the woman's full wages, in accordance with section 23.6 of the Labour Code.

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

With reference to its previous comments, the Committee notes the information provided by the Government in its report. The Committee also notes Act No. 95-15 of 12 January 1995 (Labour Code). In this regard, the Committee notes with satisfaction that under the terms of section 23.5, paragraph 3, of the Labour Code, notice of dismissal cannot be given to a woman during her absence on maternity leave, nor at such a time that the notice would expire during such absence, in accordance with Article 4 of the Convention.

A request regarding the application of Articles 1 and 3 of the Convention is being addressed directly to the Government.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 3(c) of the Convention. In reply to the Committee's previous comments, the Government indicates that no progress has been achieved as regards the adoption of the draft text to amend section 102 of the Labour Code, which is intended to ensure that the whole of maternity benefits are provided for by the National Social Insurance Fund, in accordance with Article 3(c) of the Convention. It adds that a new commission, chaired by the Minister for Employment and the Public Service, has been set up to revise the Labour Code. While noting this information, the Committee recalls that, according to the Government's previous report, this draft text had given rise to no comments by the social partners. In these conditions, and in view of the fact that the above draft text was prepared in 1988, the Committee is bound to insist once again that the amendment to section 102 of the Labour Code be adopted in the near future. It requests the Government to indicate the progress achieved in this respect in its next report.

Article 4. The Committee recalls that the protection against the dismissal of women workers set out in section 102bis of the above draft text does not apply in the event of serious fault on the part of the woman. However, Article 4 of the Convention is worded in general terms and prohibits the dismissal of the woman during the period of her maternity leave or at such time that the notice would expire during such absence. The Committee therefore hopes that the new provisions of the Labour Code, once they have been adopted, will continue to give effect to the Convention on this point.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 3(c) of the Convention. With reference to its previous comments, the Committee notes from the Government's latest report that no comments have been made by the social partners on the draft text to amend section 102 of the Labour Code respecting maternity protection and that the text will be submitted to the Advisory Labour Commission for examination. The draft text (section 102ter) is designed to ensure that the whole of maternity benefits are provided for by the National Social Insurance Fund, in accordance with Article 3(c) of the Convention.

The Committee hopes that this draft text will be adopted in the near future. It requests the Government to indicate the progress achieved in this respect in its next report.

Article 4. The Committee also notes with interest that the protection against the dismissal of women workers set out in section 102bis of the above draft text covers not only the period during which the worker is on maternity leave, but also the whole period for which she is pregnant and a period of 12 weeks following confinement. It notes that protection against dismissal does not apply in the event of serious fault on the part of the woman. However, Article 4 of the Convention is worded in general terms and prohibits the dismissal of the woman during the period of her maternity leave or at such a time that the notice would expire during such absence. The Committee therefore hopes that the Government will be able to take the necessary measures to bring the above draft text into full conformity with the Convention on this point.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 3(c) of the Convention. The Committee notes with interest the Government's statement that the decision that the whole of maternity benefits would be borne by the National Social Insurance Fund (CNPS), was taken by its board of directors at its meeting on 22 April 1987. It also notes that the draft amendment to section 102 of the Labour Code concerning maternity protection, which confirms this practice, has been transmitted to employers' and workers' organisations for their examination. The Committee hopes that this amendment will be adopted in the near future and that the Government will indicate in its next report the progress that has been made in this respect.