Maternity Protection Convention (Revised), 1952 (No. 103) - Zambia (RATIFICATION: 1979)

CMNT_TITLE

Article 3(3) of the Convention. Compulsory leave after confinement. The Committee notes with interest the enactment of the Employment Code Act, No. 3 of 2019, as indicated by the Government in its report. It notes in particular that section 41 of this Act provides that the women covered are entitled to a 14 weeks’ maternity leave period, of which six must be taken immediately after delivery. The Committee observes that section 42 of the same Act provides that “A female employee shall not resume work within six weeks of the date of the delivery” unless “a medical doctor certifies that the employee is fit to resume work”. Recalling that Article 3(3) of the Convention requires that a compulsory six-week postnatal leave should be prescribed by national law or regulation, the Committee requests the Government to indicate whether all women protected by the Convention have the right to a maternity leave period of six weeks after childbirth that is compulsory, without regard to medical certification of fitness to return to work prior to that period.

Article 4(3). Medical benefits. With reference to its previous request to the Government to provide a more detailed description of the establishment of a National Social Health Insurance, the Committee notes with interest that the Government indicates that progress has been made, and to that effect, that the National Social Health Insurance Act, 2018 has been enacted. Among others, the Act establishes the National Health Insurance Scheme and Fund. The Committee notes that the Government indicates that the Act provides for the sound financing of the national health system and “universal access to quality insured health care services”, so that maternal and child health services are free in all public health institutions. The Committee further notes the information provided by the Government concerning the progress made in the achievement of the Millennium Development Goal Initiative (MDGi), a programme funded by the European Union (EU), aiming to accelerate the reduction of maternal, neonatal and child mortality in Zambia, targeting 11 districts of Copperbelt and Lusaka Provinces. The Committee welcomes the information provided and requests the Government to continue providing information on progress made in provision of prenatal, confinement and postnatal care, in particular regarding efforts made with a view to reducing maternal and child mortality.

Article 6. Protection against dismissal. With reference to its previous comments in which the Committee requested the Government to take legislative measures with a view to strengthening employment protection for women on maternity leave by prohibiting dismissal or notice of dismissal during that period, the Committee notes with interest the information provided by the Government about the new Employment Code Act, No. 3 of 2019, which provides protection for female employees against arbitrary dismissal during pregnancy (section 43). The Committee notes more particularly that section 43 provides that an employer shall not terminate the employment relationship, impose any penalty or disadvantage the employee, or adversely change a condition of employment in respect of that employee as a result of an employee’s pregnancy or maternity leave. The Committee takes due note of this information.

Application of the Convention in practice. In its previous comments, the Committee requested the Government to invite the Human Rights Commission in charge of monitoring the application of international instruments ratified by Zambia, to undertake a study on the application of the Convention in Zambia with a view to identifying the gaps in its practical implementation and plan corresponding measures to address these. The Committee notes with interest that the Government provides detailed information regarding the survey undertaken by the Human Rights Commission on the application of the Convention in Zambia. The Committee notes that the study of the Human Rights Commission found that, regarding Article 3 of the Convention, all firms surveyed granted pregnant and breastfeeding women maternity leave, with 93.3 per cent granting maternity leave of 14 weeks or more, and only 6.7 per cent granting leave of less than 14 weeks. On the other hand, the Committee notes that 35.6 per cent of the firms did not provide for the compulsory six weeks’ postnatal leave. In addition, the survey findings indicated that 73.3 per cent of the firms granted free leave days before or after the maternity leave period in case of illness, complications or risk of complications arising out of pregnancy or childbirth. However, the survey found that only 26.7 per cent of the firms provided some forms of cash benefits during maternity leave and 73.3 per cent did not (Article 4 of the Convention). Furthermore, the majority (71.1 per cent) of the firms surveyed did not provide one or more daily breaks or a daily reduction of hours of work to women for breastfeeding (Article 5 of the Convention). The Committee welcomes the provision of this detailed information and requests the Government to continue providing statistical information, as far as possible, regarding the application of the Convention in practice. The Committee further requests the Government to report measures taken to improve the application of the Convention, particularly with a view to increasing: the number of firms that provide for a compulsory six weeks’ postnatal leave (Article 3 of the Convention); the number of firms that provide benefits during maternity leave (Article 4); and the number of firms that provide one or more daily breaks to women nursing their children (Article 5).

CMNT_TITLE

Articles 3 and 5 of the Convention. Reform of the labour legislation aimed at securing compliance with Articles 3 and 5. Maternity leave and nursing breaks. In its previous comments, the Committee expressed the hope that the Government would be in a position to indicate tangible progress made in respect of the issues related to Article 3 (need to grant maternity leave as of right regardless of any period of service), Article 3(3) (need to establish the compulsory nature of postnatal leave during the first six weeks after childbirth) and Article 5 (need to establish a right to nursing breaks, counted as working time and remunerated accordingly). The Committee notes with satisfaction that the Government reports that tangible progress has been recorded with regards to the labour law reforms, which were concluded and gave effect to the Employment Code Act, No. 3 of 2019. The Committee notes that the Code addresses all the issues cited above, granting 14 weeks of maternity leave on production of a medical certificate to the employer, which may be taken immediately preceding the expected date of delivery or after the delivery, except that six weeks of maternity shall be taken immediately after delivery (section 41). The Committee also notes that nursing breaks have been established by section 45 of the Employment Code Act, providing that a female employee who is nursing her child is entitled, for a period of six months following her date of delivery, to at least two nursing breaks of 30 minutes each or one nursing break of one hour, not to be deducted from the number of paid hours of work.

Article 4(4) and (8). Reforms aimed at introducing maternity benefits in the framework of a new social security system. Maternity cash benefits. With reference to its previous comments, the Committee hoped that the Government would report some progress with a view to establishing a maternity protection branch as a component of the social security system. The Committee observes the new Employment Code Act, No. 3 of 2019 makes provision for maternity benefits in the framework of an employers’ liability system, rather than providing maternity cash and medical benefits either by means of compulsory social insurance or by means of public funds, as required by Article 4(4) of the Convention, and precluding employers’ liability as provided by Article 4(8) of the Convention. At the same time, the Committee notes the Government’s indication that the National Social Health Insurance Act, No. 2 of 2018, provides for the establishment of a Maternity Protection Fund, which will be anchored in the already existing institutional framework provided by the National Pension Scheme Authority (NAPSA). The fund will receive monthly contributions from both employers and employees at rates to be determined actuarially in due course. The Committee requests the Government to specify if the Maternity Protection Fund is intended to provide cash maternity benefits by means of compulsory social insurance with a view to move away from the current employers’ liability system. The Committee further requests the Government to provide information regarding the state of implementation of the Maternity Protection Fund and of any other measure taken or envisaged to give effect to Article 4(4) and (8), of the Convention.

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 Convention No. 103 is in force should be encouraged to ratify the more recent Convention No. 183 (see GB.328/LILS/2/1). Convention No. 183 reflects the 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 to consider ratifying Convention No. 183 as the most up-to-date instrument in this subject area.

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

Article 4(3) of the Convention. Medical benefits. The Committee notes the Government’s indication that one of the major themes contained in the technical report prepared by the Pension Reforms Technical Working Group (PRTWG) is the establishment of a national social health insurance which provides, inter alia, for prenatal, antenatal and postnatal medical care and establishes the corresponding financing mechanisms (2.5 per cent of contributions paid by the employers and workers). According to the report, the reform will give rise to a National Social Health Insurance Management Authority. The Committee invites the Government to provide a more detailed description of this important initiative as well as the Safe Motherhood Initiative (SMI), indicating in particular their legal status and the coverage of the population.

Article 6. Protection against dismissal. Referring to its previous comments, the Committee notes the Statutory Instruments supplied by the Government and observes that these instruments do not establish a prohibition against serving a notice of dismissal during the period of maternity as required by this provision of the Convention. Considering that the national legislation continues to authorize termination of employment during maternity leave for reasons unrelated to pregnancy (section 15B of the Employment Act), the Committee asks the Government to take legislative measures with a view to strengthening employment protection for women on maternity leave by prohibiting dismissal or notice of dismissal during that period.

Application of the Convention in practice. The Committee notes that the Human Rights Commission is in charge of monitoring the application of international instruments ratified by Zambia, including the present Convention. The Government indicates that no study monitoring the application of the Convention has been undertaken so far and that, as a result, the Commission has received only three complaints since 2013 related to the application of Articles 3, 4 and 6 of the Convention – the main reason for the violation being the lack of employment contracts, disregard by employers of employees’ rights and lack of understanding of the rights of women workers as regards maternity protection. The Government stresses in addition that the length and costs of taking legal action represent obstacles to the use of this procedure by those who are among the less educated or low income segments of the population in a context of limited capacity to provide legal services to the vulnerable population. Taking note of this information, the Committee ask the Government to invite the Human Rights Commission to undertake a study on the application of the Convention in Zambia with a view to identifying the gaps in its practical implementation and plan corresponding measures to address these.

CMNT_TITLE

Reform of the labour legislation aimed at securing compliance with the Convention. In reply to the Committee’s previous observation, the Government states that it is currently engaged in a comprehensive labour law reform and social dialogue process which will seek to address the discrepancies between the national legislation and the above provisions of the Convention related to Article 3 (need to grant maternity leave as of right regardless of any period of service), Article 3(3) (need to establish the compulsory nature of postnatal leave during the first six weeks after childbirth) and Article 5 (need to establish a right to nursing breaks, counted as working time and remunerated accordingly). Recalling that the Government has been referring repeatedly to the ongoing reform, the Committee hopes that the Government will be in a position to indicate in its next report tangible progress made in respect of the above issues.

Reforms aimed at introducing maternity benefits in the framework of a new social security system. Cash maternity benefits. The Government states that it has undertaken a comprehensive pension reform which provides for the introduction of a Maternity Protection Fund managed by the National Social Security Authority. The financing of this Fund would be ensured by way of a 1 per cent contribution paid by both the workers and employers, as recommended by the technical report prepared by the Pension reforms technical working group. The Government further stresses that it is closely collaborating with the ILO in this respect and convened a National Tripartite Consultative Conference in 2013 to explore, among other things, options for financing maternity benefits. The Committee recalls that currently in Zambia employers are individually liable for the cost of cash maternity benefits paid to women employed by them, contrary to a major provision of the Convention requiring benefits to be paid by way of social insurance or public funds with a view to preventing discrimination against women in employment (Article 4(4) and (8)). The Committee welcomes the Government’s initiative to move away from the employer liability system and finance maternity protection by way of social insurance in line with the requirements of the Convention and the global trend towards collectively financed protection mechanisms based on the principle of social solidarity. The Committee therefore hopes that the Government will indicate in its next report progress made with a view to establishing a maternity protection branch as a component of the currently developed social security system. The Committee invites the Office to continue to provide to the Government all technical support needed in this respect.

CMNT_TITLE

Article 4(3) of the Convention. Medical benefits. In reply to the Committee’s previous observation, the Government states that, currently, the public health facilities offer free maternity services which include focused prenatal and postnatal care, hospitalization and pharmaceutical services under such programmes as the Safe Motherhood Initiative (SMI). The Committee would like the Government to provide more detailed description of the SMI, indicating in particular its legal status and the scope of coverage of the population. Please indicate also whether, as was mentioned in the previous report, the National Pension Scheme Authority has carried out an assessment of how medical benefits could be managed and paid by it.

Article 4(4) and (8). Replacing the direct employer liability system by a social insurance scheme. In its 2013 report, the Government states that it is undertaking a comprehensive pension reform which provides for the introduction of the National Health Insurance Fund as an additional source of funding to the proposed Maternity Insurance Fund. The financing of these programmes shall be shared between employers (up to 40 per cent) and the Government (financed through tax up to 60 per cent). It is envisaged that women working in the formal sector shall, in the case of maternity, be supported up to 100 per cent by the State for a certain period of time. The Committee asks the Government to indicate progress achieved in the implementation of these programmes.

Article 6. Protection against dismissal. In its report of 2011, the Government stated that section 7(4) of the Schedule to the Order of 14 January 2002, which was reproduced in section 15(B) of the Employment Act, had been repealed and replaced by Statutory Instruments Nos 1 and 2 of 2011 in order to take into consideration the comments of the Committee. As a result, a woman employee shall not be dismissed in connection with her pregnancy and she will have six months beyond maternity leave in which she remains a protected employee. In the previous version of the Employment Act, however, section 15(B) the protection against dismissal was effective only during six months after delivery. The Committee requests the Government to supply a copy of the Statutory Instruments Nos 1 and 2 of 2011.

CMNT_TITLE

Legislative measures required to comply with Articles 3 and 5 of the Convention. In reply to the Committee’s previous observation, the Government states that women workers, who do not fulfil the requirement of two years continuous employment for entitlement to maternity leave with full pay set forth in section 15(A), paragraph 3, of the Employment Act of 1997 (Cap. 268), in practice, were still entitled to unpaid maternity leave. The Committee wishes to point out in this respect that Article 3(1) of the Convention requires such practice to be expressly enshrined in law and asks the Government to amend the Employment Act accordingly. The Committee further hopes that, in undertaking a comprehensive review process of labour legislation to which the Government refers in its 2012 report, it will not fail to supplement the Employment Act with provisions establishing compulsory postnatal leave of not less than six weeks (Article 3(3) of the Convention) and nursing breaks, counted as working time and remunerated accordingly (Article 5). To ensure that the Government’s repeated promises are fulfilled, the Committee once again requests it to supply a copy of the draft provisions mentioned above with an indication of the time frame for their adoption.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

Article 3(1) of the Convention. Maternity leave. For many years, the Committee has been drawing the Government’s attention to the fact that section 15(A) of the Employment Act (Cap 268) does not comply with the Convention on the following points: (i) contrary to this provision of the Convention, section 15(A)(1) of the Employment Act, and section 7(1) of the Schedule to the Order of 14 January 2002, submit entitlement to maternity leave to the completion of two years of continuous service from the date of the first engagement or since the last maternity leave taken; and (ii) there is no provision in the national legislation providing for a compulsory period of postnatal leave of not less than six weeks.

In its reply, the Government indicates that the provisions on maternity leave (section 15(A) of the Employment Act (Cap 268)) have been supported by all partners in the Tripartite Consultative Labour Council and therefore no proposals were made to review this section. The Zambia Federation of Employers (ZFE) also states that this provision has been accepted by workers and employers and that so far no complaints have been raised by the workers. Both the Government and the ZFE report that women can take unpaid maternity leave if they do not meet the conditions of section 15(A). The Committee would like the Government to confirm, by reference to the corresponding provisions of the national law, that female workers, who do not fulfil the requirement of two years continuous employment, have the right to unpaid maternity leave in case of pregnancy and confinements, as well as the right to protection against dismissal.

With regard to the compulsory nature of the six-week postnatal leave, the Committee points out to the Government and the social partners that this measure is considered essential to safeguard the health of the mother and child, particularly in view of the fact that women are often compelled to return to work as soon as possible after confinement for economic reasons. Nationwide, compulsory postnatal leave guarantees the preservation of the reproductive health of the population. The Committee refers in this respect to the statistical information of the 2007 Zambia Demographic and Health Survey that 61 per cent of married women are employed (table 16.1 of the Survey) and its conclusions, that mortality related to pregnancy and childbirth remains relatively high in the country (page 259 and table 15.4 of the Survey). The Committee requests the Government to do all in its powers to undertake in the very near future legislative action to bring the provisions of the Employment Act on maternity leave in conformity with the Convention.

Article 4(3). Medical benefits. The Committee notes that no information that it had requested on the nature and scope of medical benefits which are guaranteed to female employees according to Article 4(3) of the Convention was received. In its reply, the Government states that it is still assessing how medical benefits could be managed and paid by the National Pension Scheme Authority. The Committee requests the Government to provide further information in its next report on the progress made in the establishment of free medical benefits to protect women during pregnancy and post-natal leave.

Article 4(4), (6), (7) and (8). Maternity cash benefits. The Government reports that it is considering with the social partners how a scheme that is in conformity with the provisions of the Convention could be maintained and managed in Zambia. The ZFE specifies that it is opposed to amending section 15(A), as long as employers have to continue to bear the burden of paying at the same time a salary to a woman on maternity leave and to someone else to do her work. However, the ZFE specifies that employers may be in a position to reconsider amending the current legislation if the Government sets up a public fund or a compulsory insurance scheme where the costs would be shared between employers and employees, and urges the ILO to provide technical assistance to the Government in this respect. The Committee also notes the Government’s statement that a progressive approach is being adopted to the application of the Convention and that it is currently engaged in determining the best way to implement it. Recalling that the maternity cash benefits should be financed collectively by way of insurance contributions or taxes, the Committee hopes that, notwithstanding the difficulties involved, the Government would undertake to replace progressively the direct employer liability system by a social insurance scheme and requests the Government to keep the Committee informed of any measure taken or envisaged in this respect and recalls that the Government might wish to avail itself of the technical assistance of the Office.

Article 5. Nursing breaks. The Government states that it has taken into consideration the observation of the Committee and incorporated the provision for nursing breaks in the draft Employment Act Bill. The Committee notes with interest this development and requests a copy of the draft provisions with an indication of the time frame for its adoption.

Article 6. Protection against dismissal. The Committee notes with interest the Government’s statement that section 7(4) of the Schedule to the Order of 14 January 2002, which is reproduced in section 15(B) of the Employment Act, has been repealed and replaced by Statutory Instruments Nos 1 and 2 of 2011 in order to take into consideration the comments of the Committee. As a result, a female employee shall not be dismissed in connection with her pregnancy and she will have six months beyond maternity leave in which she remains a protected employee. The Committee notes that in the previous version of the Employment Act, Section 15(B) the protection against dismissal was effective only during six months after delivery. The Committee requests a copy of the Statutory Instruments Nos 1 and 2 of 2011.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee regrets that, despite its previous comments, the Government has maintained the requirement of two years’ continuous employment from the date of recruitment as a condition for maternity leave in its national legislation. It also notes that this condition has been reproduced in the text of a number of collective agreements which have been brought to its attention. The Committee therefore hopes that the Government will take the necessary steps, as soon as possible, to bring the national legislation, particularly section 15(A) of the Employment Act and section 7(1) of the Schedule to the Order of 14 January 2002, into conformity with Article 3(1) of the Convention.

The Committee is also constrained to note that the Government’s report makes no reference to any progress made to ensure the full application of the following provisions of the Convention.

Article 3, paragraphs 2, 3 and 4. Compulsory nature of six-week postnatal leave. With reference to its previous comments, the Committee notes that sections 15(A) and 54(1) of the Employment Act, to which the Government refers in its report, do not provide for a compulsory six-week period of postnatal leave or that, when the confinement takes place after the presumed date, prenatal leave must be extended, in all cases, until the actual date of confinement and the period of compulsory postnatal leave must not be reduced. The Committee once again expresses the hope that the Government will be able to take the necessary steps to bring the national legislation into conformity with these provisions of the Convention.

Article 4(4), (6), (7) and (8). Maternity benefits. The Committee recalls that, under these provisions of the Convention, the employer shall in no case be individually liable for the cost of maternity benefits in cash due to women employed by him. The Committee therefore requests the Government to ensure that these benefits are provided either by means of public funds or by means of compulsory insurance; the latter does not necessarily call for public financing but can be funded by employers’ and workers’ contributions.

Article 5. Nursing breaks. The Committee notes that certain collective agreements provide for nursing breaks and considers in this respect that equal treatment must be given to women workers covered by these collective agreements and other women workers covered by the Convention. The Government is therefore requested to consider the possibility of incorporating provisions in its national legislation which provide for nursing breaks; these interruptions of work must be counted as working hours and remunerated accordingly.

Article 6. Protection against dismissal during maternity leave. The Committee trusts that the Government will not fail to amend section 15(B) of the Employment Act (the content of which is reproduced in section 7(4) of the Schedule to the Order of 14 January 2002) by establishing a prohibition on the dismissal of a woman during maternity leave or on giving her notice of dismissal at such a time that the notice would expire during her absence, irrespective of the grounds for dismissal.

The Committee also requests the Government once again to supply copies of any legal provisions enacted, instructions or directives which have been issued stating the nature and scope of the medical benefits which shall be guaranteed to women workers in conformity with Article 4(1) and (3), of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Government states in its report that the period of maternity leave was increased from 90 days to 120 days by Orders Nos 56 and 57 of 2006 on minimum wages and conditions of employment. The Committee notes this information with interest and requests the Government to supply copies of these Orders.

However, the Committee regrets that, despite its previous comments, the Government has maintained the requirement of two years’ continuous employment from the date of recruitment as a condition for maternity leave in its national legislation. It also notes that this condition has been reproduced in the text of a number of collective agreements which have been brought to its attention. The Committee therefore hopes that the Government will take the necessary steps, as soon as possible, to bring the national legislation, particularly section 15(A) of the Employment Act and section 7(1) of the Schedule to the Order of 14 January 2002, into conformity with Article 3, paragraph 1, of the Convention.

The Committee is also constrained to note that the Government’s report makes no reference to any progress made to ensure the full application of the following provisions of the Convention.

Article 3, paragraphs 2, 3 and 4. Compulsory nature of six-week postnatal leave. With reference to its previous comments, the Committee notes that sections 15(A) and 54(1) of the Employment Act, to which the Government refers in its report, do not provide for a compulsory six-week period of postnatal leave or that, when the confinement takes place after the presumed date, prenatal leave must be extended, in all cases, until the actual date of confinement and the period of compulsory postnatal leave must not be reduced. The Committee once again expresses the hope that the Government will be able to take the necessary steps to bring the national legislation into conformity with these provisions of the Convention.

Article 4, paragraphs 4, 6, 7 and 8. Maternity benefits. The Committee recalls that, under these provisions of the Convention, the employer shall in no case be individually liable for the cost of maternity benefits in cash due to women employed by him. The Committee therefore requests the Government to ensure that these benefits are provided either by means of public funds or by means of compulsory insurance; the latter does not necessarily call for public financing but can be funded by employers’ and workers’ contributions.

Article 5. Nursing breaks. The Committee notes that certain collective agreements provide for nursing breaks and considers in this respect that equal treatment must be given to women workers covered by these collective agreements and other women workers covered by the Convention. The Government is therefore requested to consider the possibility of incorporating provisions in its national legislation which provide for nursing breaks; these interruptions of work must be counted as working hours and remunerated accordingly.

Article 6. Protection against dismissal during maternity leave. The Committee trusts that the Government will not fail to amend section 15(B) of the Employment Act (the content of which is reproduced in section 7(4) of the Schedule to the Order of 14 January 2002) by establishing a prohibition on the dismissal of a woman during maternity leave or on giving her notice of dismissal at such a time that the notice would expire during her absence, irrespective of the grounds for dismissal.

The Committee also requests the Government once again to supply copies of any legal provisions enacted, instructions or directives which have been issued stating the nature and scope of the medical benefits which shall be guaranteed to women workers in conformity with Article 4, paragraphs 1 and 3, of the Convention.

[The Government is asked to reply in detail to the present comments in 2010.]

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government’s report does not mention any new measures, either taken or envisaged, to give effect to its previous comments with respect to Convention No. 103. The Committee is therefore bound, once again, to draw the Government’s attention to the following points and expresses the hope that its next report will supply information on the progress made to ensure the application of the following provisions of the Convention.

Article 3, paragraph 1, of the Convention. Contrary to this provision of the Convention, section 15(A)(1) of the Employment Act, and section 7(1) of the Schedule to the Order of 14 January 2002, submit entitlement to maternity leave to the completion of two years of continuous service from the date of the first engagement or since the last maternity leave was taken.

Article 3, paragraphs 2 and 3. There is no provision in the national legislation providing for a compulsory period of postnatal leave of not less than six weeks.

Article 3, paragraph 4. National legislation should be amended so as to provide that when the confinement takes place after the presumed date, prenatal leave must, in all cases, be extended until the actual date of the confinement, and the period of compulsory postnatal leave shall not be reduced.

Article 4, paragraphs 4, 6, 7 and 8. Contrary to Article 4, paragraph 8, the employer is individually liable for the cost of the maternity benefits due to women employed by him. In this connection, the Government stated in previous reports that, while it is desirable to amend the national legislation on this point, it does not, in the prevailing economic situation, have the financial means necessary to bear the cost of such benefits. The Committee wishes to recall that under these provisions of the Convention cash benefits shall be provided either by means of public funds or b means of compulsory social insurance; the latter does not necessarily call for public financing but can be financed by employers’ and workers’ contributions.

Article 5. The legislation contains no provision authorizing a woman who is nursing a child to interrupt her work for this purpose, and establishing that such interruption shall be counted as working hours and remunerated accordingly.

Article 6. Section 16(B) of the Employment Act (the content of which is reproduced in section 7(4) of the Schedule to the Order of 14 January 2002) which prohibits the employer from terminating the services of a female employee for reasons connected with pregnancy, is not in itself sufficient to ensure fully the application of Article 6 of the Convention, under which it shall not be lawful for a woman to be dismissed during maternity leave or to be given notice of dismissal at such a time that the notice would expire during her absence irrespective of the grounds for dismissal.

Lastly, the Committee again requests the Government to supply the text of any legal provision, instructions or directives that have been adopted on the nature and scope of the medical benefits which shall be ensured to female workers in conformity with Article 4, paragraphs 1 and 3, of the Convention.

CMNT_TITLE

The Committee takes note of the Government’s report. It notes that the Government’s report does not mention any new measures, either taken or envisaged, to give effect to its previous comments with respect to Convention No. 103. The Committee is therefore bound, once again, to draw the Government’s attention to the following points and expresses the hope that its next report will supply information on the progress made to ensure the application of the following provisions of the Convention.

Article 3, paragraph 1, of the Convention. Contrary to this provision of the Convention, section 15(A)(1) of the Employment Act, and section 7(1) of the Schedule to the Order of 14 January 2002, submit entitlement to maternity leave to the completion of two years of continuous service from the date of the first engagement or since the last maternity leave was taken.

Article 3, paragraphs 2 and 3. There is no provision in the national legislation providing for a compulsory period of postnatal leave of not less than six weeks.

Article 3, paragraph 4. National legislation should be amended so as to provide that when the confinement takes place after the presumed date, prenatal leave must, in all cases, be extended until the actual date of the confinement, and the period of compulsory postnatal leave shall not be reduced.

Article 4, paragraphs 4, 6, 7 and 8. Contrary to Article 4, paragraph 8, the employer is individually liable for the cost of the maternity benefits due to women employed by him. In this connection, the Government stated in previous reports that, while it is desirable to amend the national legislation on this point, it does not, in the prevailing economic situation, have the financial means necessary to bear the cost of such benefits. The Committee wishes to recall that under these provisions of the Convention cash benefits shall be provided either by means of public funds or b means of compulsory social insurance; the latter does not necessarily call for public financing but can be financed by employers’ and workers’ contributions.

Article 5. The legislation contains no provision authorizing a woman who is nursing a child to interrupt her work for this purpose, and establishing that such interruption shall be counted as working hours and remunerated accordingly.

Article 6. Section 16(B) of the Employment Act (the content of which is reproduced in section 7(4) of the Schedule to the Order of 14 January 2002) which prohibits the employer from terminating the services of a female employee for reasons connected with pregnancy, is not in itself sufficient to ensure fully the application of Article 6 of the Convention, under which it shall not be lawful for a woman to be dismissed during maternity leave or to be given notice of dismissal at such a time that the notice would expire during her absence irrespective of the grounds for dismissal.

Lastly, the Committee again requests the Government to supply the text of any legal provision instructions or directives that have been adopted on the nature and scope of the medical benefits which shall be ensured to female workers in conformity with Article 4, paragraphs 1 and 3, of the Convention.

[The Government is asked to reply in detail to the present comments in 2007.]

CMNT_TITLE

The Committee takes note of the Government’s report and the adoption of the Minimum Wages and Conditions of Employment (General) Order of 14 January 2002. It notes that the Government’s report does not mention any new measures, either taken or envisaged, to give effect to its previous comments. As to the abovementioned Order of 14 January 2002, it contains similar provisions on maternity protection to those of the Order of 1997. The Committee is therefore bound, once again, to draw the Government’s attention to the following points.

Article 3, paragraph 1, of the Convention. Contrary to this provision of the Convention, section 15(A)(1) of the Employment Act and section 7(1) of the Schedule to the Order of 14 January 2002 submit entitlement to maternity leave to the completion of two years of continuous service from the date of the first engagement or since the last maternity leave was taken.

Article 3, paragraphs 2 and 3. There is no provision in the national legislation providing for a compulsory period of postnatal leave of not less than six weeks.

Article 3, paragraph 4. National legislation should be amended so as to provide that when the confinement takes place after the presumed date, prenatal leave must in all cases be extended until the actual date of the confinement, and the period of compulsory postnatal leave shall not be reduced.

Article 4, paragraphs 4, 6, 7 and 8. Contrary to Article 4, paragraph 8, the employer is individually liable for the cost of the maternity benefits due to women employed by him. In this connection, the Government states that while it is desirable to amend the national legislation on this point, it does not, in the prevailing economic situation, have the financial means necessary to bear the cost of such benefits. The Committee wishes to recall that under these provisions of the Convention cash benefits shall be provided either by means of public funds or by means of compulsory social insurance; the latter does not necessarily call for public financing but can be financed by employers’ and workers’ contributions.

Article 5. The legislation contains no provision authorizing a woman who is nursing a child to interrupt her work for this purpose, and establishing that such interruption shall be counted as working hours and remunerated accordingly.

Article 6. Section 15(B) of the Employment Act (the content of which is reproduced in section 7(4) of the Schedule to the Order of 14 January 2002) which prohibits the employer from terminating the services of a female employee for reasons connected with pregnancy, is not in itself sufficient to ensure fully the application of Article 6 of the Convention, under which it shall not be lawful for a woman to be dismissed during maternity leave or to be given notice of dismissal at such a time that the notice would expire during her absence irrespective of the grounds for dismissal.

The Committee trusts that the Government’s next report will not fail to supply information on the progress made to ensure the application of the abovementioned provisions of the Convention.

Lastly, the Committee again requests the Government to supply the text of any legal provision instructions or directives that have been adopted on the nature and scope of the medical benefits which shall be ensured to female workers in conformity with Article 4, paragraphs 1 and 3, of the Convention.

[The Government is asked to reply in detail in the present comments in 2005.]

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government’s attention to the provisions of section 15A(1) of the Employment Act which, by stipulating that a female employee must have from the date of first engagement, or since the last maternity leave taken, completed at least two years of continuous service before being entitled to maternity leave, are contrary to this provision of the Convention. In its report, the Government indicates that the Committee’s concerns and the problem of the qualifying period for the entitlement will be considered during the review of the Employment Act currently in progress. The Committee notes this information and hopes that when this Act is revised, any reference to a conditional period for entitlement to maternity leave will be abolished. Please communicate information on any progress made in this respect.

Article 3, paragraphs 2 and 3. In reply to the Committee’s previous comments, the Government states that in practice many women take the bulk of their maternity leave after confinement and that it is not uncommon for expectant mothers to continue working until the very last moment. The Committee recalls that the minimum compulsory period of postnatal leave provided by the Convention is a protection measure intended to prevent the woman from resuming work before the end of that period, to the detriment of her health and her child’s. Bearing in mind the Government’s reply, the Committee considers that there should be no difficulty in inserting into legislation a provision expressly providing for a compulsory period of postnatal leave of no less than six weeks.

Article 3, paragraph 4. The Committee reminds the Government once again that, in accordance with this provision of the Convention, when the confinement takes place after the presumed date, prenatal leave must in all cases be extended until the actual date of the confinement, and the period of compulsory postnatal leave shall not be reduced. It hopes that the Government will take the necessary measures to ensure application of this provision of the Convention.

Article 4, paragraph 3. The Committee notes with interest that, according to the information supplied by the Government and the Guidelines relating to cost-sharing schemes for health care, maternity care is provided free of charge. The Committee would be grateful if the Government would specify in its next report the nature and extent of such treatment. Please supply a copy of all legal provisions, instructions or directives that have been adopted on this matter.

Article 4, paragraphs 4, 6, 7 and 8. In previous comments, the Committee recalled that, under the terms of these provisions of the Convention, cash benefits must be provided through a compulsory insurance system or from public funds and that employers should in no case be individually liable for the cost of such benefits. In this respect, the Government indicates in its report that although the National Pension Scheme Authority is in force, the problem of cash maternity benefits is receiving consideration so as to relieve employers from liability to pay such benefits. The Committee notes this information. It hopes that the Government will take measures very shortly to guarantee maternity benefits in compliance with the prescriptions of Article 4, paragraphs 4 and 6, under the current compulsory insurance system or from public funds. The Committee would also be grateful if the Government would supply copies of the legislation on the National Pension Scheme.

Article 5. In reply to the Committee’s comments, the Government states that the issue of nursing breaks is currently under consideration. It refers, however, to the economic and financial difficulties of the country as well as the high unemployment situation. While the Committee is aware of these difficulties, it once again expresses the hope that the Government will be able very shortly to take the necessary measures to supplement its national legislation with a provision allowing nursing mothers to take time off at work for this purpose which, under this provision of the Convention, must be counted as working hours and remunerated accordingly.

Article 6. In reply to the Committee’s comments, the Government indicates that the Employment Act will be reviewed to address the concerns of the Committee in relation to section 15B of the Act. The review of the Act is currently in progress with the support of the ILO. The Committee notes this information with interest and hopes that the Government will very shortly communicate a copy of any text adopted in this regard. It recalls that under Article 6 of the Convention, it shall not be lawful for a woman to be dismissed during maternity leave or to be given notice of dismissal at such a time that the notice would expire during her absence.

CMNT_TITLE

The Committee notes all the information and documents communicated by the Government in its latest report. In particular, it notes with interest the information supplied in reply to the comments regarding application of Article 3, paragraph 5, of the Convention.

Article 3, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government’s attention to the provisions of section 15A(1) of the Employment Act which, by stipulating that a female employee must have from the date of first engagement, or since the last maternity leave taken, completed at least two years of continuous service before being entitled to maternity leave, are contrary to this provision of the Convention. In its report, the Government indicates that the Committee’s concerns and the problem of the qualifying period for the entitlement will be considered during the review of the Employment Act currently in progress. The Committee notes this information and hopes that when this Act is revised, any reference to a conditional period for entitlement to maternity leave will be abolished. Please communicate information on any progress made in this respect.

Article 3, paragraphs 2 and 3. In reply to the Committee’s previous comments, the Government states that in practice many women take the bulk of their maternity leave after confinement and that it is not uncommon for expectant mothers to continue working until the very last moment. The Committee recalls that the minimum compulsory period of postnatal leave provided by the Convention is a protection measure intended to prevent the woman from resuming work before the end of that period, to the detriment of her health and her child’s. Bearing in mind the Government’s reply, the Committee considers that there should be no difficulty in inserting into legislation a provision expressly providing for a compulsory period of postnatal leave of no less than six weeks.

Article 3, paragraph 4. The Committee reminds the Government once again that, in accordance with this provision of the Convention, when the confinement takes place after the presumed date, prenatal leave must in all cases be extended until the actual date of the confinement, and the period of compulsory postnatal leave shall not be reduced. It hopes that the Government will take the necessary measures to ensure application of this provision of the Convention.

Article 4, paragraph 3. The Committee notes with interest that, according to the information supplied by the Government and the Guidelines relating to cost-sharing schemes for health care, maternity care is provided free of charge. The Committee would be grateful if the Government would specify in its next report the nature and extent of such treatment. Please supply a copy of all legal provisions, instructions or directives that have been adopted on this matter.

Article 4, paragraphs 4, 6, 7 and 8. In previous comments, the Committee recalled that, under the terms of these provisions of the Convention, cash benefits must be provided through a compulsory insurance system or from public funds and that employers should in no case be individually liable for the cost of such benefits. In this respect, the Government indicates in its report that although the National Pension Scheme Authority is in force, the problem of cash maternity benefits is receiving consideration so as to relieve employers from liability to pay such benefits. The Committee notes this information. It hopes that the Government will take measures very shortly to guarantee maternity benefits in compliance with the prescriptions of Article 4, paragraphs 4 and 6, under the current compulsory insurance system or from public funds. The Committee would also be grateful if the Government would supply copies of the legislation on the National Pension Scheme.

Article 5. In reply to the Committee’s comments, the Government states that the issue of nursing breaks is currently under consideration. It refers, however, to the economic and financial difficulties of the country as well as the high unemployment situation. While the Committee is aware of these difficulties, it once again expresses the hope that the Government will be able very shortly to take the necessary measures to supplement its national legislation with a provision allowing nursing mothers to take time off at work for this purpose which, under this provision of the Convention, must be counted as working hours and remunerated accordingly.

Article 6. In reply to the Committee’s comments, the Government indicates that the Employment Act will be reviewed to address the concerns of the Committee in relation to section 15B of the Act. The review of the Act is currently in progress with the support of the ILO. The Committee notes this information with interest and hopes that the Government will very shortly communicate a copy of any text adopted in this regard. It recalls that under Article 6 of the Convention, it shall not be lawful for a woman to be dismissed during maternity leave or to be given notice of dismissal at such a time that the notice would expire during her absence.

CMNT_TITLE

With reference to its previous observation, the Committee wishes to draw the Government's attention to and/or receive detailed information on the following points:

Article 2 of the Convention (in relation to Article 4, paragraph 3). In reply to the Committee's comments, the Government indicates that, within the framework of the health care reform programme, beneficiaries, whether Zambian citizens or foreigners, will now have to contribute to the cost of medical services. It also indicates that prenatal and postnatal care is provided free of charge. The Committee notes this information and would be grateful if the Government would provide copies of the relevant legislation and details of the medical benefits provided.

Article 3, paragraph 1. Replying to the Committee's comments on section 15A(1) of the Employment Act which, contrary to the terms of the Convention, stipulates that a woman worker must have worked for at least two years before being entitled to maternity leave, the Government recalls that Zambia faces many economic and social problems and that measures of the kind provided for in section 15A(1) are necessary to combat the country's rapid population growth. The Government also considers that the introduction of unconditional maternity leave will inevitably have negative consequences for women's employment prospects. It adds that, once economic and social conditions have improved, Zambia will re-examine the possibility of amending its legislation in this area.

The Committee notes this information. It recalls that Article 3, paragraph 1, of the Convention does not make the entitlement to maternity leave conditional on a minimum period of employment. Furthermore, while it is aware of the present social and economic situation in the country, the Committee wishes once again to draw the Government's attention to the fact that the Government's objective of limiting the birth rate could be achieved by other means, such as education and family planning. In addition, the Committee emphasizes that it is precisely to prevent employers from refusing to hire women of child-bearing age that the Convention, in its Article 4, paragraphs 4 and 8, stipulates that in no case shall the employer be individually liable for the cost of benefits due to women employed by him, and that consequently maternity benefits should be provided either by means of compulsory social insurance or by means of public funds (see comments on Article 4, paragraphs 4 and 8, below). The Committee therefore hopes that the Government will re-examine the question in the light of the foregoing comments and that the Government's next report will contain information on the measures taken or considered to remove from its legislation any reference to a minimum period of employment as a condition for entitlement to maternity leave, in accordance with Article 3, paragraph 1, of the Convention.

Article 3, paragraphs 2, 3 and 4. The Committee recalls that, under the terms of Article 3, paragraphs 2 and 3, of the Convention, part of the maternity leave (at least six weeks) must be taken after confinement. As regards the remaining leave, the Committee emphasizes once again that it can be taken either before the presumed date of confinement or following the expiration of the compulsory postnatal leave period, or, alternatively, partly before the presumed date of confinement and partly following the date of confinement. The requirement for a compulsory period of leave after confinement of at least six weeks constitutes a protective measure the purpose of which is to prevent women workers from returning to work before this period elapses, to the possible detriment of their own or their children's health. Under these circumstances, the Committee trusts that the Government will not fail to introduce a provision for a minimum period of compulsory leave after confinement of at least six weeks. In this regard, the Committee recalls that, if the actual date of confinement is after the presumed date, the prenatal portion of leave must be extended until the actual date of confinement, without reducing the period of compulsory leave to be taken after confinement, in accordance with Article 3, paragraph 4, of the Convention.

Article 3, paragraph 5. Replying to the Committee's earlier comments, the Government indicates that a Bill has been introduced to abolish the minimum period of continuous employment of one month as a condition for entitlement to sick leave, which had been provided for under section 54 of the Employment Act. The Committee notes this information with interest. It asks the Government to provide a copy of this text as soon as it has been adopted.

Article 3, paragraph 6. In its previous comments, the Committee had indicated that section 15A(3) of the Employment Act referred only to illness resulting from pregnancy and did not provide for any extension of leave in cases of illness resulting from the confinement. It notes with interest the Government's statement to the effect that, since confinement is a consequence of pregnancy, it is understood that section 15A(3), which refers to "illness resulting from pregnancy", covers the provisions of the Convention without any ambiguity and allows women workers to take sick leave before or after confinement at any time from the beginning of their pregnancy.

Article 4, paragraphs 4, 6, 7 and 8. With reference to the Committee's previous comments, the Government states that, until such time as a general social security scheme is established, employers will continue to pay cash benefits to women workers during their maternity leave if the Government is unable to do so as a result of its economic difficulties. The Committee recalls that, under the terms of Article 4, paragraphs 4 and 8, of the Convention, cash benefits must be provided through a compulsory insurance system or from public funds, and that employers should in no case be individually liable for the cost of such benefits. In this regard, the Committee notes from the Government's reply that the Act to transform the Zambia National Provident Fund into a comprehensive social security institution has not yet entered into force as a result of certain logistical problems. While being aware of the difficulties faced by the Government, the Committee expresses the hope that it will take the necessary measures to put in place a social security system that will provide appropriate maternity cash benefits as defined in paragraphs 4, 6 and 7 of this Article of the Convention or, failing this, to ensure that such benefits are provided out of public funds.

Article 5. In its reply, the Government acknowledges the Committee's concern with regard to nursing breaks. It also states that, within the limits of its economic and financial resources, Zambia will endeavour to adopt provisions to give effect to Article 5 of the Convention. The Committee therefore hopes that the Government will be able to take the necessary measures to supplement its national legislation with a provision allowing nursing mothers to take time off at work for specified periods which will be counted as working hours and remunerated accordingly.

Article 6. In reply to the Committee's comment, the Government indicates that the provisions of section 15B(1) of the Employment Act ensure that women will not be dismissed for reasons connected with their pregnancy. It also states that no case of dismissal of a pregnant worker has come before the courts. The Committee recalls that Article 6 of the Convention prohibits dismissal of a woman worker during her maternity leave, or notification of dismissal at a time such that the notice would expire during her absence. The Committee therefore hopes that the Government will be able to take the necessary measures to bring its legislation into conformity with this provision of the Convention.

The Committee hopes that the Government will indicate in its next report any progress that has been made towards full application of the aforementioned provisions of the Convention. It would also remind the Government of the possibility of recourse to the technical assistance of the ILO.

Lastly, the Committee hopes that the Government will provide with its next report copies of the current texts of the Minimum Wages and Conditions of Employment (General) Order and of the Order concerning the same issues as applicable specifically to shopworkers.

[The Government is asked to report in detail in 2000.]

CMNT_TITLE

The Committee notes the information provided by the Government in reply to its earlier comments concerning Articles 2, 3, 4, 5 and 6 of the Convention. It notes that, with regard to most of the points which it has been raising for many years, no progress has been made. Under these circumstances, the Committee is bound to take up the matter again in a new request which it is addressing directly to the Government.

[The Government is asked to report in detail in 2000.]

CMNT_TITLE

1. With reference to the comments it has been making for a number of years, the Committee notes from the Government's report that, while there is no change yet in the legislation and practice regarding the application of the Convention, the Government has undertaken to establish a comprehensive national social security scheme as soon as logistics have been worked out. The Committee hopes that such a scheme will be established soon and that in doing so the Government will not fail to take all the measures necessary to ensure full application of the Convention, taking into consideration the following points:

Article 2, in relation to Article 4, paragraph 3, of the Convention. The Committee recalls that while medical care for all Zambians in public medical institutions is free of charge, non-Zambians are required to pay fees for attendance at both public and private health institutions (section 2(a) and (b) and the First Schedule of the Medical Practitioners and Dental Surgeons (Fees) Rules, 1988). In its report the Government indicates in this respect that a comprehensive social security scheme to be established in Zambia will be non-discriminatory. The Committee notes this statement with interest. It once again expresses the hope that appropriate measures will be taken soon to give full effect to Article 2 of the Convention which lays down the principle of non-discrimination with respect to all women workers in the event of maternity and prohibits exemption on the basis of nationality in particular.

Article 4, paragraphs 4 and 8. In reply to the Committee's previous comments, the Government states that maternity benefits, to which paragraph 4 of Article 4 refers, should be viewed in their totality, namely as comprising cash and medical benefits; such benefits are provided partly by the State (medical benefits), Zambia National Provident Fund (cash grant after confinement) and the employer (full wages). It adds that this arrangement meets the provisions of paragraph 8 of this Article. The Committee notes this information with interest. It points out, however, that the maternity grant paid out of the National Provident Fund appears to cover expenses resulting from confinement but not the loss of income resulting from pregnancy and confinement. In these conditions, as long as cash benefits are not provided either by means of compulsory social insurance or by means of public funds, as laid down in the Convention, the employer remains liable for the full wages to which a woman is entitled during her maternity leave. Taking into account that, according to paragraph 8 of Article 4 of the Convention, in no case shall the employer be individually liable for the payment of cash benefits due to women employed by him, the Committee hopes that with the introduction of the comprehensive national social security scheme, the employers would be progressively relieved from the payment of wages to women on maternity leave who would receive instead appropriate cash benefits from the social insurance, as provided for by the above-mentioned provisions of the Convention. The Committee asks the Government to indicate any progress made in that respect in its next report.

Article 4, paragraphs 6 and 7. In its reply the Government states that it has taken note of the Committee's previous comments, but that Zambia is still in the process of establishing a comprehensive social insurance scheme. The Committee therefore hopes that the above scheme, once established, will give full effect to these provisions of the Convention. It asks the Government to indicate the progress made in this respect.

2. The Committee also hopes that the Government's next report will contain information on the measures taken or contemplated to give effect to the following provisions of the Convention:

Article 3, paragraph 1. In reply to the Committee's previous comments concerning section 15A(1) of the Employment Act which, contrary to the Convention, requires two years of employment before a woman employee has the right to maternity leave, the Government states that while it is perceived as a hindrance to the effective application of this provision of the Convention, the intent and purpose of the qualification required by the said section is to curtail frequency of pregnancies with a view to safeguard the health of women workers and well-being of their children. While being fully conscious of the objectives pursued by the Government, which could however be achieved by educational measures and family planning advisory counselling, the Committee cannot but once again ask the Government to take the measures necessary to bring the legislation into full conformity with the Convention by eliminating any qualifying period for entitlement to maternity leave.

Article 3, paragraphs 2 and 3. In reply to the Committee's previous comments, the Government indicates that the reason for not enacting into law on how the maternity leave should be apportioned is due to custom and practice whereby women like to take leave of longer duration after delivery. In view of this statement, the Committee hopes that the Government would not have any difficulty in prescribing in legislation a minimum period of compulsory leave after confinement of not less than six weeks, the woman concerned being free to take the remainder of the total period of maternity leave before or after confinement as she thinks fit, as authorized by the above provisions of the Convention.

Article 3, paragraph 4. The Committee once again requests the Government to take the measures necessary to ensure the application of this provision of the Convention.

Article 3, paragraph 5. In reply to the Committee's previous comments, the Government states that the minimum duration of employment for eligibility in respect of sick leave provided for under section 54 of the Employment Act, being of general application, is not applied in respect of women workers who are granted leave with full pay without any consideration of a minimum qualifying period, when they become sick in connection with their pregnancy. The Committee therefore once again hopes that the Government will have no difficulty to confirm the national practice by an express provision in the legislation.

Article 3, paragraph 6. In its previous comments the Committee has pointed out that section 15A(3) of the Employment Act refers only to illness resulting out of pregnancy and does not provide for the extension of leave in cases of illness arising out of the confinement. The Government replied that a woman on maternity leave who falls ill as a result of pregnancy, be it before or after confinement, will be granted sick leave under section 54 of the Employment Act. The Committee notes this statement with interest. It nevertheless hopes that, in order to avoid any ambiguity, the Government will consider the possibility of supplementing this section so that it would also expressly refer to illness arising out of the confinement.

Article 5. The Committee notes that the Government has taken due note of the Committee's comments and that measurse will be taken to satisfy these requirements of the Convention as soon as the economy is revitalized. In this situation the Committee cannot but once again ask the Government to do all in its power to ensure that national legislation guarantees the right of nursing mothers to the interruptions of work of a prescribed duration which are to be counted as working hours and remunerated accordingly.

3. Article 6. The Committee would be glad if the next report of the Government would contain information concerning the practical application of this Article of the Convention, including, for instance, courts' decisions, extracts from official reports, information on the number and nature of contraventions reported and any other relevant particulars.

The Committee hopes that the Government will not fail to indicate in its next report any progress made towards full application of the above-mentioned provisions of the Convention. In this connection, it wishes to draw the Government's attention to the possibility of having recourse to the technical assistance of the International Labour Office.

CMNT_TITLE

Article 2, in relation to Article 4, paragraph 3, of the Convention. The Committee notes from the Government's report that medical care for all Zambians in public medical institutions is free of charge. It also notes that, under section 2(a) and (b) and the First Schedule of the Medical Practitioners and Dental Surgeons (Fees) Rules, 1988, non-Zambians are required to pay fees for attendance at both private and public health institutions. The Committee would observe that Article 2 of the Convention lays down the principle of non-discrimination with respect to all women workers in the event of maternity and prohibits exemption on the basis of nationality in particular.

Article 3, paragraph 5. The Committee notes from the Government's report that there has been no practical problem in the application of this provision of the Convention. In its previous comments the Committee noted that section 54 of the Employment Act made the right to additional leave in cases of illness arising out of pregnancy conditional on a minimum length of employment (one month of continuous employment). It recalls in this connection that the Convention makes no mention of a minimum duration of employment for eligibility to such leave, any condition of the kind provided for by the national legislation thus being incompatible with the Convention. The Committee therefore hopes that the Government will not fail to take the necessary measures in order to bring the national legislation into conformity with the national practice and with the Convention.

Article 4, paragraphs 4 and 8. The Committee notes from the report of the Government that, in addition to the wages paid by the employer during maternity leave, a woman is entitled to a maternity grant after confinement, paid by the National Provident Fund. It has noted from the Government's previous report that the employer is liable for the full wages to which a woman is entitled during her maternity leave, contrary to these provisions of the Convention which stipulate that cash benefits should be provided either by means of compulsory social insurance or by means of public funds. The Committee once again asks the Government to indicate, in its next report, any measures taken or envisaged to ensure the application of the Convention on this point, in the light of the provisions that the employer should in no case be personally liable for the cost of benefits due to women employed by him.

Article 6. The Committee notes the position of the Government concerning the application of this Article. It asks the Government to provide, in its next report, information concerning the practical application of this Article, including, for instance, courts' decisions, extracts from official reports, information on the number and nature of the contraventions reported and any other relevant particulars.

Furthermore, the Committee notes that the Government's report contains no new information in respect of the other points raised in its previous request. It therefore wishes once again to draw the attention of the Government to the following:

Article 3, paragraph 1. Section 15 A(1), of the Employment Act requires two years of employment before a woman employee has the right to maternity leave. Since this type of condition is contrary to this provision of the Convention, the Committee would be grateful if the Government would take the measures necessary to bring the legislation into full conformity with the Convention on this point.

Article 3, paragraphs 2 and 3. The Committee requests the Government to take the measures necessary to ensure that, in conformity with these paragraphs, the length of leave which must be taken after confinement is determined by national legislation.

Article 3, paragraph 4. The Committee requests the Government to take the measures necessary to ensure the application of this provision of the Convention.

Article 3, paragraph 6. The Committee would be grateful if the Government would indicate how effect is given to this paragraph, which provides for the extension of leave after confinement in cases of illness arising out of the confinement. In this connection, the Committee notes that section 15 A(3) of the Employment Act refers only to illness resulting from pregnancy.

Article 4, paragraphs 6 and 7. The Committee would be grateful if the Government would indicate in what manner, and under what legislation, effect is given to these paragraphs.

Article 5, paragraph 1. The Committee requests the Government to take the measures necessary to ensure that national legislation guarantees the application of this provision of the Convention.

Article 5, paragraph 2. The Committee notes that neither the national legislation nor the collective agreements communicated by the Government contain clauses regulating the conditions under which interruptions of work for the purpose of nursing are to be counted as working hours and remunerated accordingly. It therefore requests the Government to take the measures necessary to ensure the application of this provision of the Convention.