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Maternity Protection Convention (Revised), 1952 (No. 103) - Uruguay (RATIFICATION: 1954)

Article 1 of the Convention. Situation of women workers in the private sector covered by para-public social security institutions. In its previous comments, the Committee noted that section 169 of Act No. 17556 of 2002 had been found unconstitutional, as it deprived women workers in the private sector covered by para-public social security institutions of medical coverage during pregnancy and childbirth, and of the cash benefits during their maternity leave. The Committee further noted that the executive authorities had made commitment to explicitly repeal this provision. The Committee observes that the Government has not provided information on this matter. The Committee once again requests the Government to keep it informed of the explicit repeal of section 169 of Act No. 17556 of 2002.

Article 3(3). The Committee notes with interest the Government’s indication in its report that Act No. 19161, which entered into force on 25 November 2013, increased the number of weeks of compulsory leave covered by the maternity allowance to 14 (section 2), increased the duration of paid paternity leave from three to ten days from January 2016 (section 8) and established a parental care allowance for mothers and fathers (section 12). The Committee notes that, under section 2 of the Act, the beneficiaries shall cease all work six weeks before the date on which delivery is due and may not resume work until eight weeks after that date. The Committee observes that the beneficiaries may alter the prenatal leave period with the authorization of the Social Welfare Bank (BPS) and may in no case have a rest period shorter than 14 weeks. The Committee requests the Government to indicate the provisions of the national legislation setting out that, in the event that women to whom the Convention applies alter their periods of maternity leave with the authorization of the BPS, in all cases they have a minimum period of compulsory leave after confinement of six weeks, as required under Article 3(3) of the Convention.

Article 4(4), (5) and (6). Qualifying period and social assistance benefits. In relation to its previous comment and with reference to Article 4(4) of the Convention, the Committee notes that section 6 of Act No. 19161 of 2013 prescribes that beneficiaries must be up to date with their social security contributions in order to qualify for maternity benefit. In relation to the provisions of Article 4(5) and (6) of the Convention, the Committee requests the Government to indicate whether women who do not fully meet the conditions required, prior to the commencement of maternity leave, to receive two-thirds of their previous earnings are entitled to adequate benefits from public assistance funds, subject to the conditions respecting their means prescribed by public assistance.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which the Maternity Protection Convention (Revised), 1952 (No. 103), is in force should be encouraged to ratify the more recent Maternity Protection Convention, 2000 (No. 183) (see GB.328/LILS/2/1). Convention No. 183 reflects a more modern approach to maternity protection. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and consider ratifying Convention No. 183, as the most up-to-date instrument in this subject area.