Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 3) sur la protection de la maternité, 1919 - Côte d'Ivoire (Ratification: 1961)

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3 D 316 of Decree No. 67-265 of 1967 prohibiting women from being employed in the six weeks following confinement, is no longer in force as it is inconsistent with the provisions of the Labour Code.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.]