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

Maternity Protection Convention, 2000 (No. 183) - Benin (Ratification: 2012)

The Committee notes the Government’s first report. It notes that the legislation does not contain provisions on the following matters:

• – cash benefits financed out of social assistance funds for women who do not meet the conditions to qualify for cash benefits under national laws, subject to the means test required for such assistance (Article 6(6) of the Convention);
• – the burden of proof that the reasons for dismissal are unrelated to pregnancy or childbirth shall rest on the employer (Article 8(1));
• – the guarantee that a woman has the right to return to the same position or an equivalent position paid at the same rate at the end of her maternity leave (Article 8(2));
• – the prohibition from requiring a test for pregnancy when a woman is applying for employment (Article 9(2)); and
• – nursing breaks shall be counted as working time and remunerated accordingly (Article 10(2)).

The Committee requests the Government to provide information on the measures envisaged for inclusion into national law on the matters referred to above.

Articles 1 and 2. Scope of application. Section 1 of the Social Security Code provides that a general social security scheme shall be created for workers in the formal sector governed by the provisions of the Labour Code and a special scheme for self-employed workers, agricultural workers and those in the informal sector. Section 7 provides that the organization and functioning of the special scheme shall be determined by specific legislation. The Committee requests the Government to provide information on the special provisions adopted respecting maternity protection for women who are self-employed or working in the agricultural or informal sectors.

Atypical forms of dependent work. The statistical data provided by the Government show that the majority of women work at home (318,126) or are in temporary employment (607,959). As they have not been excluded from the scope of application of the Convention by the Government, the Committee requests the Government to provide information on the protection provided to these categories of women workers in relation to maternity, in law and practice.

Article 4(4). Compulsory postnatal leave. Section 170(2) of the Labour Code provides that all pregnant women shall be entitled to maternity leave which must commence six weeks prior to the presumed date of childbirth and shall end eight weeks after the date of childbirth. Similarly, section 94(2) of Act No. 86-013 issuing the general conditions of service of permanent employees of the State provides that all pregnant women shall be entitled to maternity leave which must commence six weeks prior to the presumed date of childbirth and shall end eight weeks after the date of childbirth. Noting that the compulsory nature of prenatal leave is set out in the law, the Committee requests the Government to confirm that the eight weeks of postnatal leave are also compulsory.

Article 4(5). Extension of maternity leave in the event of late confinement. Permanent state employees. The Committee asks the Government to indicate the duration of postnatal leave in the event that childbirth takes place after the presumed date, and the respective legislative provisions.

Article 8(1). Employment protection. Section 171(1) provides that, except in cases of serious fault not related to pregnancy or in cases where it is impossible to maintain the contract, no employer shall terminate the employment of a woman who is apparently pregnant or has been medically certified as being pregnant. The Government also indicates that pregnant women and women on maternity leave do not complain about violation of their maternity-related rights out of fear of losing their jobs and experiencing difficulties in proving that the termination was due to pregnancy or childbirth. Noting this information, the Committee requests the Government to provide statistics, if they are available, on the number of dismissals of pregnant women recorded by the labour inspection services and the reasons given for such dismissals.