Maternity Protection Convention, 2000 (No. 183) - Sao Tome and Principe (Ratification: 2017)

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

The Committee notes the Government’s first report.

Article 2 of the Convention. Coverage of domestic workers and workers in atypical forms of dependent work. The Committee notes the information provided by the Government concerning the scope of personal coverage of the legislation. The Government indicates that no category of workers is excluded from the protection of the Convention, but that, in the absence of an in-depth survey on women’s employability policy, it was unable to report the exact number of women who are involved in domestic or atypical forms of employment. The Committee also notes that section 13 of the Social Security Law, 1990, and section 4 of the Law on Social Protection Framework, both stipulate that the coverage of domestic workers will be the object of special legislation, and that they are covered by the general scheme for employed persons until then. The Committee further observes that the Government’s report does not provide information concerning legislative provisions or measures taken to extend maternity protection in all the aspects covered by the Convention to women in atypical forms of dependent work who are not yet covered, as provided for under Article 2 of the Convention.

The Committee trusts that the Government will be in a position to provide information on the provisions ensuring the coverage and access of women involved in domestic work or atypical forms of employment to maternity protection in its next report. It requests, in particular, the Government to provide: (i) information on the specific legislative or other measures that have been taken or are contemplated to ensure the application of the Convention to women in any atypical form of dependant work and to domestic workers; (ii) statistics on the total number of employed women, including the number of those in atypical forms of dependant work; and (iii) number of domestic workers and self-employed workers who are affiliated to the General Social Security System and have received maternity cash benefits.

Article 6(1). Length of maternity cash benefits. The Committee takes note of section 249 of the Labour Code, which provides for the right to maternity leave of 14 weeks (98 days). It also notes that, according to Decree-Law No. 25/2014, cash benefits are paid for 90 days. In this regard, the Government indicates that tripartite discussions are under way to harmonize both pieces of legislation and extend maternity cash benefits to the entire duration of the maternity leave. The Committee welcomes these tripartite discussions and hopes that they will result in the extension of the duration of maternity cash benefits for the whole duration of the maternity leave, i.e. 14 weeks, in line with Article 6(1) of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged in this regard and on the outcome of the ongoing tripartite discussions mentioned above.

Article 6(2) and (6). Adequate benefits out of social assistance funds.The Committee requests the Government to indicate whether benefits financed out of social assistance funds or through taxation, subject to the means test required for such benefits, are available to women protected under the Convention who do not meet the conditions to qualify for cash benefits. The Committee further requests the Government to provide information on the form, amount, and qualifying conditions for entitlement to such benefits, insofar as they are available to women not qualifying as described above.

Article 6(7). Medical benefits. The Committee notes the Government’s indication that maternity medical benefits are provided to women and children through the Maternal and Child Centres. The Committee requests the Government to provide further information on any measure in place to guarantee the entitlement and access of all women protected to maternity medical care as set out in Article 6(7) of the Convention, including prenatal, childbirth and postnatal care, as well as hospitalization care when necessary, and to indicate the legal provisions to such effect.

Article 8. Right to return to the same position after maternity leave. The Committee requests the Government to provide information on the specific legal provisions that guarantee the woman the right to return to the same position or an equivalent position paid at the same rate at the end of her maternity leave, in compliance with Article 8 of the Convention.