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

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

Legislation. The Committee notes the detailed information provided by the Government in its first report and requests additional information on the following issues:

• -the legislative provisions applicable to civil servants and other state agents (Article 2 of the Convention);
• -the list of work which has been determined by the competent authority to be prejudicial to the health of the mother or the child, or where an assessment has established a significant risk to the mother’s health or that of her child (Article 3);
• -the legislative provisions ensuring the extension of maternity leave in cases of complications during pregnancy or complications as a result of childbirth (Article 5);
• -the benefits provided to women who do not meet the conditions to qualify for cash maternity benefits (Article 6(6));
• -the medical benefits provided to the mother and the child (Article 6(7));
• -the legislative provisions stipulating that the burden of proving that the reasons for dismissal are unrelated to pregnancy and childbirth and its consequences or to nursing shall rest on the employer (Article 8(1));
• -the legislative provisions ensuring the right of a woman worker 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)); and also requests:
• -a copy of the following pieces of legislation that are not available to the Office:

– Act on State Benefits for Families with Children (Act No. 63 of 28 June 2005);

– Government Resolution on measures to apply the Act on State Benefits for Families with Children (Act No. 1092 of 2 November 2005); and

– Government Resolution approving the Regulations on the assessment of temporary disability, and the issuance of a certificate and approval of temporary disability (Act No. 1241 of 31 October 2011).

Application in practice. Please provide: (a) statistics on the total number of employed women including the number of those in atypical forms of dependant work (for example, home work, telework, temporary work, etc.); (b) information on the specific legislative or other measures that have been taken or are contemplated in respect of women in any such atypical form of dependant work; and (c) general information on the manner in which the Convention is applied in practice including, for instance, extracts from official reports, information regarding the number and the nature of contraventions reported and any other particulars on practical difficulties encountered in the implementation of the Convention.