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

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the observations of the General Union of Workers (UGT) transmitted with the Government’s report.

Article 4(1), (2) and (5) of the Convention. Benefits provided through public funds. The Committee notes the information provided by the Government on the benefit provided to women who meet all the requirements for access to a contributory benefit for the birth and care of a child, except in relation to the minimum period of contribution. The Committee also notes the existence of other benefits with the purpose of contributing to meeting the costs involved in the birth and maintenance of a child, including non-contributory family benefits and the new Minimum Living Income (IMV) established by Act No. 19/2021 of 20 December 2021. The Committee notes the UGT’s observation considering that these benefits are sufficient to cover the basic necessities of women workers who, during their maternity leave, or part of that leave, are for some reason devoid of income or a contributory benefit. Finally, the Committee notes that, in the view of the UGT, the administrative processing of the IMV should be improved to facilitate its provision, taking into account the delays that occur in some cases. In this context, the Committee requests the Government to provide information on the receipt of the IMV by women workers who have not had access to the contributory maternity benefit, with an indication of the number of benefits provided, their average amount and time frame for granting, and the number and nature of any delays in processing IMV requests.

Finally, the Committee recalls that the Governing Body of the ILO, at its 349th Session (October–November 2023), upon the recommendation of the Tripartite Working Group of the Standards Review Mechanism, confirmed the classification of Convention No. 103 as an outdated instrument, and decided on the preliminary inclusion of an item for its possible abrogation on the agenda of the 121st Session of the International Labour Conference (2033).

The Governing Body requested the Office to adopt follow-up measures to actively encourage the ratification of the Maternity Protection Convention, 2000 (No. 183), as the most up-to-date instrument on maternity protection. The Committee therefore encourages the Government to envisage the possibility of ratifying Convention No. 183 as the most up-to-date instrument in this technical area.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Further to its previous comments, the Committee notes the extensive legislation adopted, which further strengthens maternity protection, and particularly Royal Decree No. 1620/2011 of 14 November regulating the special labour relationship in domestic services. The Committee also notes the comments of 4 September 2013 by the General Union of Workers (UGT), which address issues already raised and the Government’s reply to those comments, received on 27 November 2013.

Article 4(1), (2) and (5) of the Convention. Benefits provided by means of public funds. The Committee notes the information supplied by the Government to the effect that there is no requirement for a minimum period of contributions to receive maternity benefits if the worker is under 21 years of age at the date of the birth (90 days’ contributions for workers between 21 and 26 years of age and 180 days for workers over 26 years of age) and that provision is made for a special, non contributory maternity benefit, which will be available to women employees who, in the event of birth, meet all the requirements for entitlement to contributory maternity benefit other than the minimum periods of contribution. The Committee also notes that, according to the Government, the duration of the non-contributory benefit is 42 calendar days from the date of the birth, in other words a period corresponding to that of compulsory postnatal leave. The Government adds that, notwithstanding the duration of the benefit, the beneficiary is nonetheless entitled to stop work for 16 weeks. In these circumstances the Government considers that the amendments made to maternity benefits are a proper response to the observations made by the Committee.

The Committee notes that according to the UGT, in 2012 only 752 women received non-contributory maternity benefit for an average duration of 42.5 days. The economic needs of these beneficiaries were not covered for the whole period of maternity leave as they received a daily amount of €17.75. The Committee observes that €17.75 a day is lower than the poverty threshold, which in 2012 stood at €7,355 a year for a single person, i.e. €20.43 a day. The Committee emphasizes that the Convention requires the full and healthy maintenance of the woman and her child in accordance with a suitable standard of living, and the payment of benefits throughout the entire period of maternity leave – and not only during the compulsory postnatal leave. In the light of these provisions of the Convention, the Committee requests the Government to indicate: (i) whether the benefit of €17.75 a day is deemed sufficient to ensure the full and healthy maintenance of the woman and her child in accordance with a suitable standard of living; and (ii) whether women who, during maternity leave or part of the leave, are for some reason without any income or benefit, may apply for means-tested social assistance.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Measures taken by the Government to improve maternity protection. The Committee notes with interest the adoption of the resolution of 21 April 2004 of the Secretary of State for Social Security, which gives fathers who meet the eligibility requirements access to cash benefits in the event of the death of the mother, regardless of whether the mother was eligible for such benefits. The Committee also notes the creation, under Organic Act No. 3/2007 of 22 March 2007 concerning effective gender equality, of a paternity benefit paid to eligible fathers for 13 days in the event of birth or adoption. This text also provides that, where the mother is not eligible for maternity leave with cash benefits, the other parent shall from now on be entitled to the same period to which the mother could have been entitled.

Furthermore, the Committee notes with interest the new rules establishing, according to the age of the women workers concerned, the minimum contributions required to be entitled to cash benefits under a contributory regime, which no longer impose any conditions relating to contributions on women under 21 years of age on the day of confinement and apply reduced conditions for those under 26 years of age. The Committee notes that these measures give better effect to Article 4, paragraphs 1 and 4, of the Convention by allowing a higher number of women workers to benefit as a matter of right from cash maternity benefits.

Article 4, paragraph 5. Benefits by means of public funds. The Committee notes the amendments made to the General Social Security Act granting maternity benefits to workers who do not meet the contribution requirements. These benefits are paid for 42 days following the date of confinement, thus during the six-week compulsory postnatal leave period. The maternity leave to which workers in this situation are entitled nonetheless remains at 16 weeks. The Committee would be grateful if the Government would indicate in its next report whether women workers who do not fulfil the contribution requirements may, on a means-tested basis, qualify for other cash benefits of an appropriate amount, so as to enable them to meet their needs as well as those of their child throughout the entire duration of their maternity leave.

Articles 3, 4, 5 and 6. Domestic workers. In its previous comments, the Committee requested the Government to indicate the measures taken to strengthen the checks carried out to detect abuses which could arise from the renunciation procedure allowing employers to end an employment contract prematurely. According to the Government’s report, a reform of the regulations applicable to domestic work is currently being prepared with a view, in particular, to strengthening the rights of these workers by incorporating the general principles recognized under the Equality Act. The Committee requests the Government to keep the Office informed of the steps taken in that regard.

Article 6. Protection against dismissal. Under the national legislation, the termination of an employment contract and dismissal for disciplinary reasons during the protected maternity period are in principle prohibited and are authorized only where the employer proves that the termination or dismissal is on grounds unrelated to the pregnancy or the exercise of the right to leave. The employment protection guaranteed under Spanish legislation in the case of maternity concerns the period of the pregnancy, that of the maternity leave, as well as a period following the woman’s return to work. According to the Government, the duration of protection afforded under Spanish legislation is, in this sense, greater than that required by the Convention which only covers maternity leave, including any extension of that leave on medical grounds. The case law of the Supreme Court considers any dismissal arising during the protected periods to be null and void, except in cases in which the employer supplies proof that the dismissal is on objective grounds. The Government also indicates that, in the event that the employment contract comes to an end during the maternity or paternity leave, cash benefits continue to be paid until the end of that leave, followed by unemployment benefit, if applicable.

The Committee takes due note of this information. It wishes to recall that the purpose of the Convention is not to force employers to maintain employment contracts in all circumstances, but simply to protect women workers on leave by preventing a dismissal from taking effect during that leave for whatever reason. The adoption in 2000 of the Maternity Protection Convention (No. 183), which revises Convention No. 103, takes into account developments in national law and practice, since it extends the protected period beyond the period of maternity leave and prohibits dismissal only where it is for reasons of pregnancy, childbirth and its consequences or nursing. Furthermore, Convention No. 183, like the legislation of Spain, provides that the burden of proving that the reasons for dismissal are unrelated to maternity shall rest with employers. Those States which have ratified Convention No. 103 and whose legislation has developed in the same direction as Convention No. 183 are therefore advised to consider ratifying that Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

With reference to its observation, the Committee would be grateful to be provided with additional information on the following points.

Article 4, paragraphs 1, 4 and 5, of the Convention. In its communication dated 18 October 2002, the Trade Union Confederation of Workers’ Commissions (CC.OO.) indicates that, in its opinion, the qualifying period of 180 days of contributions required by the Spanish legislation deprives a large number of women workers from entitlement to maternity benefits, and particularly those who are employed part time. In this respect, the Committee notes with interest the information provided by the Government that the Fourth Plan for Equality of Opportunity for Men and Women for the period 2003-06 includes among its objectives the elimination of the minimum period of contributions for entitlement to maternity benefits in relation to the compulsory postnatal period of leave (six weeks after confinement). The Committee also notes that, under the terms of section 4(1)(4) of Royal Decree No. 1251/2001, where the woman does not meet the qualifying conditions for cash benefits, she may authorize the child’s father to receive these benefits for the whole period of leave, with the exception of the six-week period of compulsory leave, provided that he meets the qualifying conditions set out in the regulations. With regard to part-time workers, the Government adds that specific rules taking into account the principles of equality and proportionality are applicable to the calculation of contribution periods. The Committee hopes that the Government will be able to indicate in its next report the measures adopted to achieve the objectives of the Fourth Plan for Equality of Opportunity between Men and Women with regard to the elimination of the qualifying period for the provision of cash benefits during the compulsory period of leave.

Application of the Convention in practice

The Committee notes the information provided by the CC.OO., and the Government’s reply concerning supervision of the application of the provisions of the Convention in small and medium-sized enterprises. It also notes the information provided by the Government concerning the penalties imposed in cases of violations of the respective provisions. The Committee hopes that the Government’s next report will continue to provide information on the measures adopted or envisaged to strengthen supervision of the implementation in practice of the provisions of the Convention, particularly with regard to the above enterprises.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the reports provided by the Government in reply to its previous comments and the observations made in 2002 by the Trade Union Confederation of Workers’ Commissions (CC.OO.). It also notes with interest the adoption of various legislative texts and regulations that can reinforce maternity protection, and particularly Act No. 39/1999 to promote the reconciliation of working and family life, which extends, inter alia, the duration of maternity leave to 18 weeks.

The Committee wishes to draw the Government’s attention to the following points.

1. Protection against dismissal (Article 6 of the Convention). In reply to the Committee’s previous comments, the Government refers to the improvements made to the maternity protection system by Act No. 39/1999, which amends the Workers’ Statute on a number of points, including with regard to dismissal. Henceforth, the termination of the employment contract for objective reasons and dismissal for disciplinary reasons shall be considered null and void during the period of the suspension of the contract of employment, among other reasons, for maternity, risks related to pregnancy and in the event of adoption, as well as with regard to pregnant workers from the date of the beginning of pregnancy until the beginning of the period of the suspension of the contract (sections 52(4) and 55(5), in conjunction with section 45 of the Workers’ Statute). According to the Government, this protection would also apply in cases of collective redundancies, even though the relevant provisions have not been explicitly amended in this respect, in view of the procedural guarantees covering this type of dismissal. The Committee notes these changes with interest as they represent progress in relation to the previous legislation as pregnancy and maternity are now explicitly taken into account. However, the Committee notes that the new provisions of Act No. 39/1999 do not apply where the termination of the contract or the dismissal for disciplinary reasons are on grounds that are unrelated with pregnancy or leave entitlement. It recalls in this respect that, in accordance with Article 6 of the Convention, while a woman is absent from work on the maternity leave provided for in accordance with the Convention, it shall not be lawful for her employer to give her notice of dismissal during such absence, nor to give her notice of dismissal at such time that the notice would expire during such absence. In these conditions, the Committee hopes that the Government will continue to examine the matter and that it will be able to indicate in its next report any new measures adopted or envisaged to give fuller effect to Article 6 of the Convention.

Furthermore, the Committee ventures to suggest to the Government that it might examine the possibility of ratifying the Maternity Protection Convention, 2000 (No. 183), which, in Article 8, paragraph 1, contains more flexible provisions relating to protection against dismissal, while extending the duration of the period of protection.

2. Domestic workers (Articles, 3, 4, 5 and 6). In its previous comments, the Committee drew the Government’s attention to the legal provisions applicable to domestic workers allowing the employer to end a contract of employment of a domestic worker before the expiry of the agreed term of service by having recourse to the "renunciation" procedure. The Committee noted that, in certain cases, this procedure can allow employers to avoid the rules respecting the maternity protection envisaged by the Convention, as they can use the "renunciation" procedure as soon as they learn of the pregnancy of the employee, thereby denying her any protection, including protection against dismissal, and it therefore requested the Government to re-examine the matter. In its reports, the Government states that the legal provisions applicable to the employment relationship binding a domestic employee to her employer are of a special nature in view of the location in which the contractual obligations are effected and the relation of trust which has to exist between the parties to the contract. It adds that these specific circumstances, as acknowledged by the courts, justify the non-application of the rules respecting protection set out in the Workers’ Statute. In this regard, without disregarding the importance of trust as a characteristic element of the specificity of the employment relationship in domestic work, the CC.OO. considers that the fundamental rights of workers, and in this case the right of women not to be subjected to discrimination by reason of maternity, nevertheless have to be respected.

The Committee notes this information. It recalls that, in accordance with Article 1, paragraph 3(h), of the Convention, domestic work for wages in private households is included in the definition of the term "non-industrial occupations" and therefore lies within the scope of application of the Convention. While agreeing with the Government concerning the special nature of this type of employment relationship, the Committee nevertheless wishes to reiterate that the guarantees and protection afforded by the Convention are fully applicable to domestic work. The Committee therefore hopes that the Government will be in a position to provide information in future reports on any progress achieved in reinforcing supervision with regard to any abuses to which the "renunciation" procedure may give rise, thereby ensuring, in the context of maternity protection, real equality of treatment both between men and women and between women employed in domestic work and those engaged in other types of waged employment, in accordance with the provisions of the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the comments sent by the Trade Union Confederation of Workers’ Commissions (CC.OO.) on 18 October 2002 concerning the Government’s report, which were sent to the Government. The Committee has decided to postpone its consideration of them until the next session. On that occasion it will examine the information sent by the Government in its report in reply to the previous observation together with any information the Government may send in reply to the CC.OO.’s comments.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee takes note of the information provided by the Government in its last report and in particular the information concerning Article 4, paragraphs 3 and 8, of the Convention. The Committee also notes with interest a number of measures to strengthen maternity protection mentioned by the Government in its report. The Committee also takes note of the observations communicated by the General Union of Workers (UGT) on 22 January 1998.

2. Domestic workers (Articles 3, 4, 5 and 6 of the Convention). In its previous comments, the Committee had recalled that under section 10(2) of Royal Decree No. 1424/1985, an employer can end an employment contract of a domestic worker before the expiration of the agreed term of service by "renunciation". The Committee had noted the comments made by the General Union of Workers to the effect that employers have recourse to the "renunciation" procedure as soon as they learn that the employee in question is pregnant. The Committee therefore had drawn the Government's attention to the use made of this procedure which in practice could result in depriving domestic workers of the protection provided by the Convention. In its report, the Government indicates that the system of maternity protection, which includes leave, maternity benefits and nursing breaks, also applies to women in domestic service. Thus, if an employment contract is broken at a time when the worker is on maternity leave, she continues to receive her maternity benefits until the end of the period of leave; this provision applies equally to domestic workers. The Government also indicates that "renunciation" by an employer cannot in practice deprive women in domestic service of the protection provided by the Convention since, under Spanish law, "renunciation" by an employer may only take effect after the compulsory period of maternity leave.

The Committee takes note of this information. It recalls that its previous comments did not concern "renunciation" by an employer during the worker's period of maternity leave, but rather, the use of this procedure to circumvent the rules on maternity protection provided by the Convention, inasmuch as the employer may use the "renunciation" procedure as soon as he learns of the worker's pregnancy and thus deprive her of any protection including protection against dismissal. Under these circumstances, and given that such a procedure is in breach of European Community law, namely the Equal Treatment Directive 76/207, 9 February 1972, and the Pregnant Workers' Directive 92/85, 19 October 1992, the Committee hopes that the Government will re-examine the question and indicate the measures taken or contemplated to combat the abuses mentioned and ensure that the protective provisions of the Convention cannot be circumvented in the case of domestic workers. The Committee also requests the Government to indicate whether any judicial decisions have been handed down on this matter.

3. Article 6. With reference to the Committee's earlier comments, the Government indicates that Act 42/1994 concerning fiscal, administrative and social measures introduced into the revised text of the General Social Security Law, section 133bis, under which maternity and adoption in particular, which had previously come under temporary incapacity for work, are now expressly protected in their own right. The Government also refers to the new provisions in section 55(5) of the General Conditions for Workers, under which any dismissal is null and void if it is based on any of the grounds for discrimination prohibited by the Constitution or legislation, or violates the workers' fundamental rights and public freedoms. The Government therefore considers that, through this general protection against any grounds for discrimination, maternity enjoys a particular protection by virtue of the prohibition of any form of discrimination based on sex (article 14 of the Constitution) and by virtue of the prohibition of discrimination in employment on grounds of sex (section 17 of the General Conditions for Workers). In this regard, the Government refers to a number of decisions by the Constitutional Court to the effect that "discrimination on grounds of sex covers not only inequalities in treatment based on the mere fact of the sex of the person discriminated against, but also those inequalities in treatment based on the combination of conditions or circumstances directly and unequivocally linked to the person's sex; this is the case with pregnancy, a differentiating factor which, for obvious reasons, only affects women".

The Committee takes note of this information. It has also noted the comments made by the UGT to the effect that urgent positive action should be undertaken to prevent discrimination against women in access to employment and in concealed dismissals. The Committee recalls that, under Article 6 of the Convention, when a woman is absent from work on maternity leave as provided for by the Convention, it is unlawful for the 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. In this regard, the Committee notes that according to certain judgements communicated by the Government, dismissals of women employees have been declared null and void by the Constitutional Court because the Court had concluded in these particular cases that discriminatory treatment on grounds of sex had taken place. Nevertheless, it would still appear to be the case that women employees dismissed during their pregnancy or following confinement, in accordance with the provisions of the General Conditions for Workers in the context of collective dismissals or dismissals for objective reasons -- which as such do not involve discrimination -- do not enjoy the protection provided by section 55(5) of the General Conditions for Workers. Under these circumstances, the Committee hopes that the Government will re-examine this question in the light of the above comments and that it will indicate the measures taken or contemplated to introduce in its national legislation a provision giving express effect to Article 6 of the Convention.

4. In its observations, the UGT, while acknowledging certain positive developments in the area of maternity protection, considers that women who work part time or intermittently can legally be excluded from the maternity protection provisions; according to the UGT, women in these situations are required to have worked for a minimum of 12 months before becoming entitled to social security benefits. The Committee hopes that the Government's next report will contain information on this point and on the possibility for these women of receiving benefits from the public assistance fund, in accordance with Article 4, paragraph 8, of the Convention.

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

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".

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

I. In its direct request of 1993, the Committee had expressed its intention to examine at the present session the communication of the General Union of Workers (UGT), received in January 1993, in the light of any comments that might be made by the Government in this respect. In November 1993, new communications have been received from the UGT and from the Trade Union Confederation of the Workers' Commissions (CC.OO) concerning the application of the Convention, in respect of which the Government had supplied information in its report received in December 1993.

1. Article 4, paragraph 3, of the Convention. (a) The UGT states in particular that freeom of choice of doctor and of hospital is not ensured through the effective application in practice of the legislation, because in the Spanish system of public health the beneficiaries are assigned to the district of their residence. In its report, the Government refers to Royal Decree No. 1575 of 10 September 1993 which regulates the free choice of generalists and paediatricians in the primary health care services of the National Health Institute with regard to the corresponding health districts. The Government emphasizes that the present development of the primary health care services and the progressive establishment of health centres has made it possible to improve the quality of medical assistance and to promote good personal relations between a doctor and a patient, ensuring a much greater presence of doctors and increasing the quantity and the quality of the services rendered. The Committee notes this information. It would be glad if the Government would continue to provide in its future reports information on the manner in which Decree No. 1575 of 1993 has contributed to the observance of the principle of freedom of choice of doctor and freedom of choice between a public and private hospital, as required by the above-mentioned provision of the Convention.

(b) As regards the question of the gratuity of the pharmaceutical services raised by the UGT, the Committee recalls that Article 4, paragraph 3, does not mention medicaments among the medical benefits that shall be provided to women workers on maternity leave.

2. Workers in domestic service (Articles 3, 4, 5, 6). The UGT states that the protection of workers in domestic service provided by the Convention is not realized in practice in view of the possibility afforded by the legislation for the employer to terminate the employment contract of his or her employee by "renunciation" (por "desistimiento"). According to the UGT, employers take advantage of this provision as soon as they become aware of the pregnancy of their employee. In its report the Government emphasizes that the common regime established in respect of maternity leave, nursing breaks and social security benefits is applicable to domestic servants. In its view, the procedure of "renunciation" does not affect the totality of the domestic servants, as it is foreseen only in respect of fixed-term employment contracts. The Committee takes note of this information. It notes that, according to section 10(2) of Royal Decree No. 1424/1985 of 1 August, an employment contract of a domestic servant can be terminated before the expiration of an agreed term of service by "renunciation" on the part of the employer. It considers therefore that recourse to this procedure by the employer may, in certain cases, result in depriving, in practice, domestic servants of the protection provided by the Convention. Consequently, the Committee hopes that the next report of the Government will contain information on the measures taken or contemplated to ensure that the protection provided by the Convention cannot be ignored in the case of domestic servants.

3. Point V of the report form. With reference to the comments of a more general character made by the Trade Union Confederation of the Workers' Commissions (CC.OO), the Committee would like the Government to supply in its future reports detailed information on the application of the Convention in practice.

II. The Committee also wishes to draw the Government's attention to the following point.

Article 4, paragraph 8. The Committee notes the legislative provisions adopted during the period covered by the Government's report. It notes in particular that Law No. 28/1992 of 24 November regarding urgent budgetary measures, which approved Royal Decree No. 5/1992 of 21 July, has added paragraph (d) to section 208 of the consolidated text of the General Social Security Law, authorizing enterprises affiliated to the general scheme to assume directly the payment, at their own expense, of cash benefits for temporary incapacity for work resulting from an ordinary disease or from an accident of non-occupational origin. Also, the Decree of 18 January 1993 has established the conditions and requirements to be fulfilled by the enterprises prevailing themselves of the voluntary collaboration scheme for the payment of cash benefits for temporary incapacity for work in cases of an ordinary disease, maternity or non-occupational accident. This Decree inserted in Chapter II of the Decree of 25 November 1966 regulating the collaboration of the enterprises in the administration of the General Social Security Scheme, a new section 4(a), Article 15ter of which stipulates that "the enterprises which prevail themselves of the form of collaboration regulated by this section will have the following obligations: (a) to pay at their own expense cash benefits due to their workers in case of temporary incapacity for work due to an ordinary disease, maternity or non-occupational accident". The Committee recalls in this respect that Article 4, paragraph 8, of the Convention stipulates that "in no case shall the employer be individually liable for the cost of such benefits due to women employed by him". It would ask the Government to indicate the manner in which it intends to give full effect to this provision of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous comments, the Committee notes the information supplied by the Government and the comments made by the General Union of Workers (UGT) which were transmitted by the Government with its report.

With regard to the application of Article 6 of the Convention, the Committee notes the judicial rulings supplied by the Government. It notes that, with the exception of one case concerning the closure of an enterprise, these rulings do not deal specifically with the dismissal of women during their maternity leave. In view of the fact that, according to the Government, this provision of the Convention is applied by case law, the Committee would be grateful if the Government would supply copies of judicial rulings or administrative decisions containing questions of principle relating to the illegal nature of dismissal during the period of maternity leave.

The Committee would also be grateful if the Government would supply detailed information in its next report in reply to the points raised in the comments made by the General Union of Workers.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with satisfaction that Act No. 3 of 3 March 1989, of which certain provisions also apply to public servants, has extended the total duration of maternity leave to 16 weeks (18 weeks in the case of multiple births) and has set at 6 weeks the length of compulsory leave after confinement, thereby giving better effect to Article 3, paragraphs 3 and 4, of the Convention, particularly as regards women employed in the public service. It also notes the statement by the Government that the minimum period of compulsory post-natal leave cannot be changed, even in the event of confinement occurring after the presumed date.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the information supplied by the Government in its last report. It notes with interest that legislation is being drafted to extend the length of maternity leave.

1. Women employed in the public service (Article 3, paragraph 4, of the Convention. In the light of the information supplied by the Government, the Committee can only note that the national legislation does not guarantee that, in all cases where confinement occurs after the presumed date, the leave will be extended to the actual date of confinement and that the six-week period of compulsory leave to be taken after confinement should not be reduced on account of such an extension. The Committee notes that, according to the Government, ratification of a Convention incorporates it into the internal legal order as from the date of its publication in the Official Gazette (Article 96.1 of the Constitution). However, the Committee again expresses the hope that the Government will adopt the necessary measures to guarantee that this provision of the Convention is applied in practice, and requests it to provide information on progress made in this respect.

2. Female domestic workers (Articles 3, 5 and 6). The Committee notes that the legal situation of female domestic workers is regulated by Decree No. 1424 of 1.8.1985 establishing equality in the working conditions of domestic workers with those of other workers. It notes that this Decree contains no provisions to give effect to Articles 3, 5 and 6 of the Convention and does not therefore change the situation of the above-mentioned workers with regard to maternity leave, interruptions of work for the purposes of nursing and the prohibition on giving notice of dismissal during maternity leave. It also notes that the additional provision of the Decree provides that, in the absence of specific provisions in the Decree itself, reference should be made to the general provisions of labour law (particularly Act No. 8 of 10 March 1980 establishing the Workers' Charter), provided that the specific nature of this labour relationship permits.

The Committee takes note of the Government's statement to the effect that the national legislation contains no provisions concerning the application of Article 6 of the Convention, which is applied by jurisprudence. It would be grateful if the Government would provide, in its next report, the texts of decisions by the courts of law or other bodies, involving questions of principle concerning the application of this Article.