Demande directe (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

Convention (n° 103) sur la protection de la maternité (révisée), 1952 - Espagne (Ratification: 1965)

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.