Maternity Protection Convention (Revised), 1952 (No. 103) - Equatorial Guinea (RATIFICATION: 1985)

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The Committee notes with deep concern that the Government’s report, which has been due since 2008, has not been received. In view of the urgent appeal made to the Government in 2019, the Committee will proceed with the examination of the application of the Convention on the basis of the information available to it.

Article 6 of the Convention. Dismissal during maternity leave. Public officials. With reference to its previous comments, the Committee observes that, in the same way as the earlier provisions, new Act No. 2/2014 on State public officials, in sections 111 et seq., provides for the possibility of the dismissal of women workers for gross misconduct following the appropriate disciplinary procedure. The Committee recalls that Article 6 of the Convention provides that it shall not be lawful for an employer to give a woman notice of dismissal during maternity leave, including any prenatal or post-natal leave to which she is entitled, or to give her notice of dismissal at such a time that the notice would expire during such absence. The Committee urges the Government to provide information on the measures which ensure that effect is given to Article 6 of the Convention and which establish a formal prohibition on giving a public official her notice of dismissal during her absence on maternity leave, or at a time such that the notice would expire during her absence.

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 Maternity Protection Convention, 2000 (No. 183) (see GB.328/LILS/2/1). Convention No. 183 sets out 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.

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The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

With reference to its comments on the application of Article 6 of the Convention, the Committee notes that, like Act No. 8/1992, sections 111 and 112 of Act No. 2/2005 of 9 May 2005 on public servants allow women workers to be dismissed for gross misconduct following the appropriate disciplinary procedure. In previous reports, the Government indicated its intention to amend the legislation so that any misconduct by pregnant workers would give rise to a disciplinary procedure at the end of the period of maternity or postnatal leave. The Committee hopes that the Government will take all the necessary measures to establish a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.

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

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The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

With reference to its comments on the application of Article 6 of the Convention, the Committee notes that, like Act No. 8/1992, sections 111 and 112 of Act No. 2/2005 of 9 May 2005 on public servants allow women workers to be dismissed for gross misconduct following the appropriate disciplinary procedure. In previous reports, the Government indicated its intention to amend the legislation so that any misconduct by pregnant workers would give rise to a disciplinary procedure at the end of the period of maternity or postnatal leave. The Committee hopes that the Government will take all the necessary measures to establish a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.

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

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The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2004.

Repetition

With reference to its comments on the application of Article 6 of the Convention, the Committee notes that, like Act No. 8/1992, sections 111 and 112 of Act No. 2/2005 of 9 May 2005 on public servants allow women workers to be dismissed for gross misconduct following the appropriate disciplinary procedure. In previous reports, the Government indicated its intention to amend the legislation so that any misconduct by pregnant workers would give rise to a disciplinary procedure at the end of the period of maternity or postnatal leave. The Committee hopes that the Government will take all the necessary measures to establish a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.

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

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The Committee notes with deep concern that the Government’s last report was received in 2004 and that the country is mentioned in a special paragraph of the 2015 report of the Conference Committee on the Application of Standards for its failure for many years to send reports on the application of ratified Conventions. The Committee expects that the Government will soon be able to send its report on the application of the Convention and reminds it that the technical assistance of the Office is at its disposal. The Committee is therefore bound to repeat its previous comments.

Repetition

With reference to its comments on the application of Article 6 of the Convention, the Committee notes that, like Act No. 8/1992, sections 111 and 112 of Act No. 2/2005 of 9 May 2005 on public servants allow women workers to be dismissed for gross misconduct following the appropriate disciplinary procedure. In previous reports, the Government indicated its intention to amend the legislation so that any misconduct by pregnant workers would give rise to a disciplinary procedure at the end of the period of maternity or postnatal leave. The Committee hopes that the Government will take all the necessary measures to establish a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.

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The Committee notes with regret that the Government’s last report was received in 2004 and that the country is mentioned in a special paragraph of the 2015 report of the Conference Committee on the Application of Standards for its failure for many years to send reports on the application of ratified Conventions. The Committee expresses its deep concern in this regard and hopes that the Government will soon be able to send its report on the application of the Convention and reminds it that the technical assistance of the Office is at its disposal.

With reference to its previous comments on the application of Article 6 of the Convention, the Committee notes that, like Act No. 8/1992, sections 111 and 112 of Act No. 2/2005 of 9 May 2005 on public servants allow women workers to be dismissed for gross misconduct following the appropriate disciplinary procedure. In previous reports, the Government indicated its intention to amend the legislation so that any misconduct by pregnant workers would give rise to a disciplinary procedure at the end of the period of maternity or postnatal leave. The Committee hopes that the Government will take all the necessary measures to establish a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.

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The Committee notes with regret 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 comments.

Repetition

Article 2 of the Convention. In its previous comments, the Committee noted the fact that section 6 of the 1984 Social Security Act does not give full effect to this provision of the Convention in view of its requirement that protection under the social security scheme for foreign women workers who are not covered by a treaty, convention or agreement is contingent upon reciprocity. In the first of its reports, the Government requests the Committee’s advice on a draft text which could amend the provisions of the Social Security Act and would grant the same rights to foreign women workers resident in the country as those granted to women workers who are nationals of Equatorial Guinea. In so far as reference is no longer made to any condition of reciprocity applicable to foreign women workers, this formulation appears likely to give effect to the Convention. However, the Committee notes that, in its other report, the Government no longer refers to the possibility of proposing a draft text of this nature and does not in general provide information on the application of Article 2 of the Convention. The Committee therefore requests the Government to provide detailed information on this subject in its next report and hopes that the Government will make every effort to secure the protection envisaged by the Convention for all women working in the enterprises or occupations covered by Article 1 of the Convention irrespective of their nationality and without any condition of reciprocity, in accordance with the provisions of Article 2 of the Convention.

Article 6. The Government indicates that an agreement has been reached under which it will be proposed to the competent authority to amend Act No. 8/1992 of 30 April 1992 on state public officials so that any misconduct by pregnant workers gives rise to a disciplinary procedure at the end of the period of maternity leave. However, the Committee notes that no reference is made to this proposal to amend the Act in the Government’s latest report. It accordingly hopes that the Government will take all the necessary measures to bring the legislation into full conformity with the Convention and that it will be in a position to provide information in its next report on the progress made in relation to the above proposed amendment with a view to establishing a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.

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The Committee notes with regret 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:

Repetition

Article 2 of the Convention. In its previous comments, the Committee noted the fact that section 6 of the 1984 Social Security Act does not give full effect to this provision of the Convention in view of its requirement that protection under the social security scheme for foreign women workers who are not covered by a treaty, convention or agreement is contingent upon reciprocity. In the first of its reports, the Government requests the Committee’s advice on a draft text which could amend the provisions of the Social Security Act and would grant the same rights to foreign women workers resident in the country as those granted to women workers who are nationals of Equatorial Guinea. In so far as reference is no longer made to any condition of reciprocity applicable to foreign women workers, this formulation appears likely to give effect to the Convention. However, the Committee notes that, in its other report, the Government no longer refers to the possibility of proposing a draft text of this nature and does not in general provide information on the application of Article 2 of the Convention. The Committee therefore requests the Government to provide detailed information on this subject in its next report and hopes that the Government will make every effort to secure the protection envisaged by the Convention for all women working in the enterprises or occupations covered by Article 1 of the Convention irrespective of their nationality and without any condition of reciprocity, in accordance with the provisions of Article 2 of the Convention.

Article 6. The Government indicates that an agreement has been reached under which it will be proposed to the competent authority to amend Act No. 8/1992 of 30 April 1992 on state public officials so that any misconduct by pregnant workers gives rise to a disciplinary procedure at the end of the period of maternity leave. However, the Committee notes that no reference is made to this proposal to amend the Act in the Government’s latest report. It accordingly hopes that the Government will take all the necessary measures to bring the legislation into full conformity with the Convention and that it will be in a position to provide information in its next report on the progress made in relation to the above proposed amendment with a view to establishing a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.

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The Committee notes with regret 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:

Repetition

Article 2 of the Convention. In its previous comments, the Committee noted the fact that section 6 of the 1984 Social Security Act does not give full effect to this provision of the Convention in view of its requirement that protection under the social security scheme for foreign women workers who are not covered by a treaty, convention or agreement is contingent upon reciprocity. In the first of its reports, the Government requests the Committee’s advice on a draft text which could amend the provisions of the Social Security Act and would grant the same rights to foreign women workers resident in the country as those granted to women workers who are nationals of Equatorial Guinea. In so far as reference is no longer made to any condition of reciprocity applicable to foreign women workers, this formulation appears likely to give effect to the Convention. However, the Committee notes that, in its other report, the Government no longer refers to the possibility of proposing a draft text of this nature and does not in general provide information on the application of Article 2 of the Convention. The Committee therefore requests the Government to provide detailed information on this subject in its next report and hopes that the Government will make every effort to secure the protection envisaged by the Convention for all women working in the enterprises or occupations covered by Article 1 of the Convention irrespective of their nationality and without any condition of reciprocity, in accordance with the provisions of Article 2 of the Convention.

Article 6. The Government indicates that an agreement has been reached under which it will be proposed to the competent authority to amend Act No. 8/1992 of 30 April 1992 on state public officials so that any misconduct by pregnant workers gives rise to a disciplinary procedure at the end of the period of maternity leave. However, the Committee notes that no reference is made to this proposal to amend the Act in the Government’s latest report. It accordingly hopes that the Government will take all the necessary measures to bring the legislation into full conformity with the Convention and that it will be in a position to provide information in its next report on the progress made in relation to the above proposed amendment with a view to establishing a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.

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The Committee notes with regret 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:

Repetition

Article 2 of the Convention. In its previous comments, the Committee noted the fact that section 6 of the 1984 Social Security Act does not give full effect to this provision of the Convention in view of its requirement that protection under the social security scheme for foreign women workers who are not covered by a treaty, convention or agreement is contingent upon reciprocity. In the first of its reports, the Government requests the Committee’s advice on a draft text which could amend the provisions of the Social Security Act and would grant the same rights to foreign women workers resident in the country as those granted to women workers who are nationals of Equatorial Guinea. In so far as reference is no longer made to any condition of reciprocity applicable to foreign women workers, this formulation appears likely to give effect to the Convention. However, the Committee notes that, in its other report, the Government no longer refers to the possibility of proposing a draft text of this nature and does not in general provide information on the application of Article 2 of the Convention. The Committee therefore requests the Government to provide detailed information on this subject in its next report and hopes that the Government will make every effort to secure the protection envisaged by the Convention for all women working in the enterprises or occupations covered by Article 1 of the Convention irrespective of their nationality and without any condition of reciprocity, in accordance with the provisions of Article 2 of the Convention.

Article 6. The Government indicates that an agreement has been reached under which it will be proposed to the competent authority to amend Act No. 8/1992 of 30 April 1992 on state public officials so that any misconduct by pregnant workers gives rise to a disciplinary procedure at the end of the period of maternity leave. However, the Committee notes that no reference is made to this proposal to amend the Act in the Government’s latest report. It accordingly hopes that the Government will take all the necessary measures to bring the legislation into full conformity with the Convention and that it will be in a position to provide information in its next report on the progress made in relation to the above proposed amendment with a view to establishing a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.

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The Committee notes with regret 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 2 of the Convention. In its previous comments, the Committee noted the fact that section 6 of the 1984 Social Security Act does not give full effect to this provision of the Convention in view of its requirement that protection under the social security scheme for foreign women workers who are not covered by a treaty, convention or agreement is contingent upon reciprocity. In the first of its reports, the Government requests the Committee’s advice on a draft text which could amend the provisions of the Social Security Act and would grant the same rights to foreign women workers resident in the country as those granted to women workers who are nationals of Equatorial Guinea. In so far as reference is no longer made to any condition of reciprocity applicable to foreign women workers, this formulation appears likely to give effect to the Convention. However, the Committee notes that, in its other report, the Government no longer refers to the possibility of proposing a draft text of this nature and does not in general provide information on the application of Article 2 of the Convention. The Committee therefore requests the Government to provide detailed information on this subject in its next report and hopes that the Government will make every effort to secure the protection envisaged by the Convention for all women working in the enterprises or occupations covered by Article 1 of the Convention irrespective of their nationality and without any condition of reciprocity, in accordance with the provisions of Article 2 of the Convention.

Article 6. The Government indicates, in reply to the Committee’s previous comments, that an agreement has been reached under which it will be proposed to the competent authority to amend Act No. 8/1992 of 30 April 1992 on state public officials so that any misconduct by pregnant workers gives rise to a disciplinary procedure at the end of the period of maternity leave. However, the Committee notes that no reference is made to this proposal to amend the Act in the Government’s latest report. It accordingly hopes that the Government will take all the necessary measures to bring the legislation into full conformity with the Convention and that it will be in a position to provide information in its next report on the progress made in relation to the above proposed amendment with a view to establishing a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.

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The Committee notes with regret 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 2 of the Convention. In its previous comments, the Committee noted the fact that section 6 of the 1984 Social Security Act does not give full effect to this provision of the Convention in view of its requirement that protection under the social security scheme for foreign women workers who are not covered by a treaty, convention or agreement is contingent upon reciprocity. In the first of its reports, the Government requests the Committee’s advice on a draft text which could amend the provisions of the Social Security Act and would grant the same rights to foreign women workers resident in the country as those granted to women workers who are nationals of Equatorial Guinea. In so far as reference is no longer made to any condition of reciprocity applicable to foreign women workers, this formulation appears likely to give effect to the Convention. However, the Committee notes that, in its other report, the Government no longer refers to the possibility of proposing a draft text of this nature and does not in general provide information on the application of Article 2 of the Convention. The Committee therefore requests the Government to provide detailed information on this subject in its next report and hopes that the Government will make every effort to secure the protection envisaged by the Convention for all women working in the enterprises or occupations covered by Article 1 of the Convention irrespective of their nationality and without any condition of reciprocity, in accordance with the provisions of Article 2 of the Convention.

Article 6. The Government indicates, in reply to the Committee’s previous comments, that an agreement has been reached under which it will be proposed to the competent authority to amend Act No. 8/1992 of 30 April 1992 on state public officials so that any misconduct by pregnant workers gives rise to a disciplinary procedure at the end of the period of maternity leave. However, the Committee notes that no reference is made to this proposal to amend the Act in the Government’s latest report. It accordingly hopes that the Government will take all the necessary measures to bring the legislation into full conformity with the Convention and that it will be in a position to provide information in its next report on the progress made in relation to the above proposed amendment with a view to establishing a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.

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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 2 of the Convention. In its previous comments, the Committee noted the fact that section 6 of the 1984 Social Security Act does not give full effect to this provision of the Convention in view of its requirement that protection under the social security scheme for foreign women workers who are not covered by a treaty, convention or agreement is contingent upon reciprocity. In the first of its reports, the Government requests the Committee’s advice on a draft text which could amend the provisions of the Social Security Act and would grant the same rights to foreign women workers resident in the country as those granted to women workers who are nationals of Equatorial Guinea. In so far as reference is no longer made to any condition of reciprocity applicable to foreign women workers, this formulation appears likely to give effect to the Convention. However, the Committee notes that, in its other report, the Government no longer refers to the possibility of proposing a draft text of this nature and does not in general provide information on the application of Article 2 of the Convention. The Committee therefore requests the Government to provide detailed information on this subject in its next report and hopes that the Government will make every effort to secure the protection envisaged by the Convention for all women working in the enterprises or occupations covered by Article 1 of the Convention irrespective of their nationality and without any condition of reciprocity, in accordance with the provisions of Article 2 of the Convention.

Article 6. The Government indicates, in reply to the Committee’s previous comments, that an agreement has been reached under which it will be proposed to the competent authority to amend Act No. 8/1992 of 30 April 1992 on state public officials so that any misconduct by pregnant workers gives rise to a disciplinary procedure at the end of the period of maternity leave. However, the Committee notes that no reference is made to this proposal to amend the Act in the Government’s latest report. It accordingly hopes that the Government will take all the necessary measures to bring the legislation into full conformity with the Convention and that it will be in a position to provide information in its next report on the progress made in relation to the above proposed amendment with a view to establishing a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.

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The Committee notes the two reports provided by the Government in reply to its previous comments and wishes to draw its attention to the following points.

Article 2 of the Convention. In its previous comments, the Committee noted the fact that section 6 of the 1984 Social Security Act does not give full effect to this provision of the Convention in view of its requirement that protection under the social security scheme for foreign women workers who are not covered by a treaty, convention or agreement is contingent upon reciprocity. In the first of its reports, the Government requests the Committee’s advice on a draft text which could amend the provisions of the Social Security Act and would grant the same rights to foreign women workers resident in the country as those granted to women workers who are nationals of Equatorial Guinea. In so far as reference is no longer made to any condition of reciprocity applicable to foreign women workers, this formulation appears likely to give effect to the Convention. However, the Committee notes that, in its other report, the Government no longer refers to the possibility of proposing a draft text of this nature and does not in general provide information on the application of Article 2 of the Convention. The Committee therefore requests the Government to provide detailed information on this subject in its next report and hopes that the Government will make every effort to secure the protection envisaged by the Convention for all women working in the enterprises or occupations covered by Article 1 of the Convention irrespective of their nationality and without any condition of reciprocity, in accordance with the provisions of Article 2 of the Convention.

Article 3, paragraphs 5 and 6. The Committee notes the Government’s indication in its reports that the legislation does not establish a maximum duration for additional pre- and postnatal leave in case of illness arising out of pregnancy or confinement. It notes that, in practice, the duration of leave is established on a case by case basis by medical practitioners.

Article 4, paragraphs 1 to 6. The Committee notes with interest the Government’s indication that, during any extension of pre- and postnatal leave in the case of illness arising out of pregnancy or confinement, women workers receive the cash maternity allowances to which they are entitled based on whether they work in the public or private sector. It would be grateful if the Government would provide information in its next report on the number of women workers benefiting from such additional leave and the cost of the cash benefits provided in this respect.

Article 5. The Committee notes the information provided by the Government in reply to its previous comments.

Article 6. In one of its reports, the Government indicates, in reply to the Committee’s previous comments, that an agreement has been reached under which it will be proposed to the competent authority to amend Act No. 8/1992 of 30 April 1992 on state public officials so that any misconduct by pregnant workers gives rise to a disciplinary procedure at the end of the period of maternity leave. However, the Committee notes that no reference is made to this proposal to amend the Act in the Government’s latest report. It accordingly hopes that the Government will take all the necessary measures to bring the legislation into full conformity with the Convention and that it will be in a position to provide information in its next report on the progress made in relation to the above proposed amendment with a view to establishing a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.

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Article 2 of the Convention. In it previous comments the Committee drew the Government's attention to the fact that section 6 of the 1984 Social Security Act does not allow this provision of the Convention to be fully applied, since it makes protection under the social security scheme of foreign women workers who are not covered by a treaty, convention or agreement contingent upon reciprocity. In this connection, the Government states that it is ready to harmonize the national legislation with the requirements of the Convention. It points out, however, that Convention No. 103 is among the existing international conventions referred to in section 6 of the above-mentioned Act and that, since payment of maternity benefits is subject to prior contributions, all foreign women who are insured are entitled to the benefits corresponding to their contributions, so there have been no cases of discrimination on grounds of nationality. The Committee takes due note of this information. It hopes that the Government will have no difficulty in taking the necessary steps to amend section 6 of the Social Security Act and section 2 of the General Social Securiy Scheme Regulations (Decree No. 100/1990) in order to guarantee the protection provided for by the Convention to all women working in the enterprises or occupations referred to in Article 1, regardless of their nationality and without any condition of reciprocity, as provided in Article 2 of the Convention.

Article 3, paragraphs 5 and 6. The Committee notes from the Government's report that the authorities which may determine the duration or extension of prenatal and postnatal leave in the event of sickness resulting from pregnancy or confinement are the following: the labour delegate of the jurisdiction concerned for workers in the private sector, the head of the department concerned for employees in the special sections of the public service and the head of the public service for employees in the general corps of the public service. The Committee asks the Government to indicate the maximum length of extensions to prenatal and postnatal leave granted by these authorities.

Article 4, paragraphs 1 and 6 (in conjunction with Article 3, paragraphs 5 and 6). Please indicate whether, during extended prenatal and postnatal leave in the event of illness resulting from pregnancy or confinement, women workers continue to receive maternity allowance equal to 75 per cent of their basic wage, as provided for in Act No. 2/91 of 4 April 1991 revising certain sections of the Social Security Act of 1984.

Article 5. Act No. 8/1992 of 30 April 1992 respecting public employees of the State provides in section 81(4) that female employees of the State may interrupt their work for nursing purposes until the child has reached the age of nine months. Since the Convention imposes no age limit in such cases, the Committee would be grateful if the Government would indicate whether women who continue to nurse their children after the age of nine months may be granted an extension of the period during which they are entitled to time off for nursing. Please indicate also whether interruptions of work for the purpose of nursing are counted as working hours and remunerated accordingly in accordance with paragraph 2 of this Article of the Convention.

Article 6. In reply to the Committee's previous comments, the Government indicates that state employees enjoy excellent stability of employment and can only be dismissed for very serious misconduct in accordance with a detailed procedure provided for in sections 100 and 102 of Act No. 8/1992 of 30 April 1992 respecting public employees of the State. It adds, however, that it intends to bring the national legislation fully into conformity with the requirements of the Convention. The Committee takes due note of this statement. It again expresses the hope that the Government will not fail to take the necessary steps to ensure that the legislation applying to public employees expressly forbids notification of dismissal to a woman who is absent from work on maternity leave or at such a time that the notice would expire during such absence.

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With reference to its previous comments, the Committee notes with satisfaction that under Act No. 2/91 of 4 April 1991 revising certain sections of the Act of 1984 respecting social security, the rate of maternity allowances has been increased to 75 per cent of the female worker's basic earnings that are subject to contributions, and that, under section 32(c) of the General Social Security Scheme Regulations (as approved by Decree No. 100/1990), female workers who have not completed the qualifying period shall be entitled to benefits equivalent to two months' wages, in accordance with Article 4, paragraphs 2, 5 and 6, of the Convention. It also notes with satisfaction that Act No. 8/1992 of 30 April 1992 respecting public employees of the State now includes, in section 81(4), the right of certain women employees of the State in certain circumstances to interrupt their work for the purposes of nursing, in accordance with Article 5 of the Convention.

The Committee none the less wishes to draw the Government's attention to certain points that it is raising in a direct request.

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1. Article 2 of the Convention (Scope). The Government refers once again in its report to section 6 of the Social Security Act of 1984, according to which foreign women workers who are not covered by an international treaty, Convention or agreement are protected by the social security scheme only on condition of reciprocity. In its previous comments the Committee drew the Government's attention to the contradiction of this national provision with Article 2 of the Convention which applies to all women employed in undertakings or occupations covered by Article 1 irrespective of their nationality and without any condition of reciprocity. The Committee therefore trusts that the Government will not fail to take the necessary legislative measures in the very near future in order to bring the national legislation into full conformity with the Convention on this point.

2. Article 3, paragraphs 5 and 6. Under section 52, paragraph 2, of the General Labour Act No. 2 of 4 January 1990 women workers, in case of illness arising out of pregnancy or confinement are entitled to additional prenatal leave or to prolongation of the postnatal leave, respectively, the duration of which will be established by the competent authority. The Committee would like the Government to indicate whether any regulations have been adopted in order to designate such authority. If so, please supply the text of the regulations.

3. Article 4, paragraphs 2, 5, 6 and 8 (rates of cash maternity benefits; social assistance for women who fail to qualify for benefits provided as a matter of right; prohibition of maternity benefits at employers' expense). The Committee notes with interest from the Government's report that both the proposals to revise the provisions of the Social Security Act of 1984, concerning the questions dealt with in these Articles of the Convention, and the regulations under this Act have been approved by the Council of Ministers. In particular, the rates of cash benefits will be fixed at 75 per cent of the woman's basic wages and, under the regulations, women who fail to qualify for cash benefits provided as a matter of right are entitled to benefits equivalent to two months' wages. It also notes the Government's statement in the report according to which the employer is not liable for the cost of cash benefits since the contract of employment is suspended during the period of maternity leave, in accordance with section 72(c) of Act No. 2 of 4 January 1990. The Committee would be grateful if the Government would supply the text of the above-mentioned modifications to the Social Security Act, once adopted, as well as a copy of the regulations under the Act.

4. (a) Article 5, paragraphs 1 and 2 (nursing breaks). The Committee notes the Government's intention to introduce provisions concerning nursing breaks for women civil servants into the new law which is now under preparation with a view to revise the Legislative Decree of 1982 concerning state officials. It hopes that this new law will be adopted in the near future and that it will provide for interruptions of work for the purpose of nursing which shall be counted as working hours and remunerated accordingly, in conformity with this Article of the Convention.

(b) Article 6 (prohibition to give notice of dismissal during maternity leave). The Committee notes the Government's statement in the report according to which women civil servants cannot be dismissed during the period of maternity leave, since they cannot commit a fault during their absence on maternity leave. It would like to draw the Government's attention once again to the fact that this Article of the Convention prohibits to give notice of dismissal to a woman not only during her absence on maternity leave but also at such a time that the notice would expire during such absence. The Committee hopes that the Government will not fail to adopt measures necessary to bring the national legislation into full conformity with the Convention on this point in respect of this category of women workers.

The Committee asks the Government to provide, in its next report, information on any progress made in this regard.

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The Committee notes with satisfaction the adoption of General Labour Act No. 2 of 4 January 1990 which provides, in its section 52, paragraphs 2 and 3, and in section 79, paragraph 3, for a maternity leave of 12 weeks, which can be extended in case of illness arising out of pregnancy or confinement, for remunerated nursing breaks and for the prohibition to give a woman notice of dismissal during her absence on maternity leave in conformity with Article 3, paragraphs 2, 3, 5 and 6, Article 5, paragraph 2, and Article 6 of the Convention.

The Committee, however, wishes to draw the Government's attention to certain points that it is raising in a direct request.

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The Committee notes the information supplied by the Government in reply to its earlier comments, in particular in relation to Article 3, paragraph 4, and Article 4, paragraphs 1 and 3, of the Convention.

1. It notes with interest the intention of the Government to take the necessary legislative measures in order to give full effect to the following provisions of the Convention: Article 3, paragraphs 2 and 3 (duration of maternity leave and period of compulsory leave after confinement), Article 4, paragraphs 2, 6 and 8 (rates of cash maternity benefits and prohibition of such benefits at employer's expense), and Article 6 (prohibition of dismissal during the absence of the woman on maternity leave). The Committee hopes that the above-mentioned measures will be taken in the near future and asks the Government to provide in its next report full information on the progress made in this connection.

2. The Committee notes the explanations of the Government as regards the application of Article 2 of the Convention (the scope). The Committee would like to draw the Government's attention once again to the contradiction of section 6 of the Social Security Act with the provision of this Article, according to which the Convention applies to all women covered by Article 1 of the Convention, irrespective of their nationality and without any condition of reciprocity. The Committee trusts that the Government will take the necessary legislative measures in the near future in order to ensure full compliance of the national legislation with this Article.

3. The Committee notes the information provided by the Government concerning the difficulties encountered in the application of the provision of Article 4, paragraph 5. The Committee wishes to draw the Government's attention to the fact that, in accordance with Article 4, paragraph 5, of the Convention, women who fail to qualify for benefits provided as a matter of right should be entitled to adequate benefits out of social assistance funds. The Committee hopes that the Government will provide in its next report information on measures taken or envisaged with a view to giving full effect to this provision of the Convention.

4. The Committee notes from the Government's report that there is no provision in the national legislation giving effect to Article 5, paragraph 1, of the Convention with regard to women civil servants, but that pauses for nursing are given in practice. The Committee hopes that the Government will take appropriate measures in order to ensure full conformity with the above-mentioned provision of the Convention as regards this category of women workers and asks the Government to report any progress made in this connection.

5. The Committee notes the statement of the Government that the interruptions of work for the purpose of nursing provided for by section 115 of the General Labour Act are considered to be working hours and remunerated accordingly. The Committee draws the attention of the Government to Article 5, paragraph 2, of the Convention, according to which the matter is to be governed by either laws and regulations, or collective agreements. It would be grateful if the Government would take appropriate measures in order to ensure full conformity with the above provision of the Convention. 6. The Committee notes that the regulations under the Social Security Act are not yet adopted. It hopes that such regulations will be adopted in the near future and asks the Government to report any progress made in this connection. It would be glad if the Government would supply a copy as soon as they are adopted.