Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la protección de la maternidad (revisado), 1952 (núm. 103) - España (Ratificación : 1965)

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Tripartite Working Group of the Standards Review Mechanism, confirmed the classification of Convention No. 103 as an outdated instrument, and decided on the preliminary inclusion of an item for its possible abrogation on the agenda of the 121st Session of the International Labour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.