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

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

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.