Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

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

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.