Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Maternity Protection Convention (Revised), 1952 (No. 103) - Kyrgyzstan (Ratification: 1992)

Article 3(3) of the Convention. Compulsory post-natal part of maternity leave. The Committee notes that under section 148(1) of the Labour Code of 2025, women are entitled to maternity leave of 70 days before and 56 days after childbirth. The Committee recalls that under Article 3(3) of the Convention, the period of compulsory leave after childbirth, during which the woman may not be authorized to work, shall be at least six weeks. The Committee requests the Government to indicate whether a woman worker may return to work during the first 6 weeks after childbirth.

Article 3(5). Leave in case of illness arising out of pregnancy. The Committee notes that under section 148(1) of the Labour Code of 2025, the postnatal part of maternity leave is extended from 56 to 70 days in cases of complicated childbirth. The Committee recalls that according to Article 3(5) of the Convention, additional leave shall also be provided before confinement in case of medically certified illness arising out of pregnancy. The Committee requests the Government to provide information on whether pregnant women are entitled to additional leave in case of medically certified illness arising out of pregnancy before childbirth.

Article 4(2). Level of maternity benefits. The Committee notes that under section 63 of the Regulations on the procedure for granting temporary incapacity allowances and maternity allowances adopted by the Government’s Resolution No. 434 of 2018 (the Regulations of 2018), maternity benefits as of the 11th day of maternity leave are paid at a flat rate, amounting to 20 calculation indices per month. The Committee observes from the Decree of the Jogorku Kenesh (Supreme Council) on Approval of the Amount of Calculation Indice of 2006, No. 1115-III, that 20 calculation indices amount to 2,000 Kyrgyzstani soms per month in 2025. The Committee further observes that, according to data from the National Statistical Committee of Kyrgyzstan, the poverty threshold in 2023 was set at 62,999 soms per year (5,250 soms per month). The Committee recalls that under Article 4(2) of the Convention, the rates of cash benefit shall be fixed by national laws or regulations so as to ensure benefits sufficient for the full and healthy maintenance of the woman and her child in accordance with a suitable standard of living. Noting that the level of maternity benefits provided as of the 11th day of maternity leave is below the poverty threshold, the Committee requests the Government to provide information on any measures taken to ensure that the level of maternity benefits is in conformity with the requirements of Article 4(2) of the Convention.

Article 4(8). Financing of maternity benefits. The Committee notes that under section 63 of the Regulations of 2018, employers are required to provide maternity cash benefits for the first 10 days of maternity leave at their own expense. The Committee recalls that according to Article 4(8) of the Convention, in no case shall employers be individually liable for the cost of maternity benefits due to women employed by them. The Committee, therefore, requests the Government to provide information on any measures taken to ensure that maternity benefits are not provided at the employer’s expense during the first 10 days of maternity leave.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the implementation of the Convention, including statistical data on the total number of women receiving maternity benefits as well as the total amount of benefits paid on an annual basis.

The Committee recalls that the ILO Governing Body at its 349th Session, (October–November 2023), on the recommendation of the Standards Review Mechanism Tripartite Working Group, acknowledged the classification of Convention No. 103 as outdated, and placed an item on the agenda of the 121st Session of the International Labour Conference (2033) for the consideration of its abrogation.

The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of up-to-date instruments, concerning maternity protection, including the Maternity Protection Convention, 2000 (No. 183). The Committee therefore encourages the Government to give effect to the decision of the Governing Body at its 349th Session (October–November 2023) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area.