Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Maternity Protection Convention (Revised), 1952 (No. 103) - Spain (Ratification: 1965)

Article 6 of the Convention. In its previous comments, the Committee, after having noted that according to the Government this provision of the Convention was applied by case-law, had expressed the desire to receive copies of judicial rulings or administrative decisions containing questions of principle relating to the illegal nature of dismissal during the period of maternity leave. In this respect the Committee notes that judicial rulings communicated by the Government in its report for the period ending 30 June 1993, as well as the ones communicated with its previous report, do not deal specifically with the dismissal of women during their maternity leave. In this situation, the Committee would ask the Government to supply detailed information on the manner in which effect is given, in law and in practice, to this provision of the Convention which stipulates that "while a woman is absent from work on maternity leave in accordance with the provisions of Article 3 of this Convention, it shall not be lawful for her employer to give her notice of dismissal during such absence, or to give her notice of dismissal at such a time that the notice would expire during such absence".