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Maternity Protection Convention, 2000 (No. 183) - Niger (RATIFICATION: 2019)

The Committee notes the Government’s first report.

Article 2 of the Convention. (i) Scope of application. The Committee notes the Government’s indication that the Convention applies to all employed women and that, with respect to women working in atypical forms of dependent work covered under Article 2(1) of the Convention, the Labour Code, Act No. 2012-45 of 25 September 2012, also regulates temporary employment (section 17 et seq.). The Committee further observes that, according to the information available in the ILO World Social Protection Database, a high rate of workers in Niger are in informal employment (73.4 per cent). The Committee requests the Government to specify whether women in temporary employment are covered in case of pregnancy and childbirth, and to provide information on any legislative, regulatory or practical measures in place to ensure the maternity protection coverage of women in other atypical forms of dependent work (e.g. home work, telework, part-time work, domestic work, etc.), as required by Article 2(1) of the Convention, including for women employed in the informal economy.

(ii) Number of women protected. The Committee notes the information provided by the Government concerning the number of women who are public servants, representing 37.20 per cent of the total amount of persons employed in the public sector. The Committee requests the Government to provide statistical information as regards the total number of employed women (in both public and private sectors), including those employed in atypical forms of dependent work.

Article 3. Dangerous work. (i)Consultations. The Committee requests the Government to provide information on consultations held with employers’ and workers’ organizations, if any, on measures ensuring that pregnant and breastfeeding women are not obliged to perform work prejudicial to their and their children’s health.

(ii) Pregnancy. Legislation. The Committee notes the Government’s indication regarding section 109 of the Labour Code, which provides that works prohibited for women and pregnant women are set out in specific decrees, and that only works involving a possible harm to the reproductive capacity of women, or to the health of the mother and the child as regards pregnant women, may be forbidden. The Committee requests the Government to provide a copy of the decrees regulating the types of works that are prohibited for pregnant women.

(iii) Breastfeeding women. The Committee notes that breastfeeding women are not protected under section 109 of the Labour Code, mentioned here above. Nonetheless, the Committee notes the prohibition, under section 111 of the Labour Code, for women to work for 6 weeks after childbirth, as well as the prohibition of carrying, pushing or dragging any loads whatsoever, during the 3 weeks following their return to work (article 183 of its Regulatory Part, Decree No. 2017‐682/PRN/MET/PS of 10 August 2017). The Committee recalls that the Convention protects a woman not only with respect to her necessary physical and psychical recovery after delivery, but also, as provided for in its Article 3, from performing work that could harm or entail significant risks to the mother’s health or that of her child during the breastfeeding period. The Committee requests the Government to indicate measures ensuring that breastfeeding women are not obliged to perform work which has been determined by the competent authority to be prejudicial to their or their children’s health, and to indicate the procedure for the assessment of work that could be dangerous if performed during breastfeeding.

Article 6(2), (3), (4) and (5). Benefits’ level and qualifying conditions. The Committee notes the Government’s indication that section 112 of the Labour Code provides that a woman is entitled to be paid 50 per cent of her effective salary during the maternity leave from the National Social Security Fund (CNSS). The Committee notes the Government’s indication that women employed are also entitled to other family allowances during pregnancy, paid in the form of lump sums. The Committee recalls that Article 6(2) and (3) of the Convention stipulates that cash benefits shall be at a level which ensures that the woman can maintain herself and her child with a suitable standard of living, amounting to not less than 2/3 (66.7 per cent) of the woman’s previous earnings, and that Article 6(5) of the Convention provides that the conditions to qualify for cash benefits should be satisfied by the majority of women to whom the Convention applies. The Committee requests the Government to indicate if the sum of the maternity benefit paid by the CNSS, corresponding to 50 per cent of women’s salary, and of other allowances paid to women for pregnancy and childbirth is sufficient to guarantee at least the replacement of 2/3 of their previous earnings to all women covered (Article 6(3) and (4) of the Convention), or whether the maternity benefit paid by the CNSS is complemented by the payment by the employer of part of the woman’s salary during maternity leave. The Committee further requests the Government to indicate whether the completion of a qualifying period is required (i.e. minimum period of employment and/or contributions) for entitlement to the benefit, and if it can be satisfied by the majority of women covered by legislation (Article 6(5) of the Convention), by indicating the total number of women who receive cash benefits.

Article 6(7). Medical benefits. The Committee notes, as indicated by the Government, that section 112 of the Labour Code provides for the reimbursement of medical expenses incurred during pregnancy and childbirth up to a certain fee. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 2017, expressed concern about the inadequate funding of the health-care sector, resulting in limited access to basic health-care services, as well as about the extremely high rates of maternal mortality (CEDAW/C/NER/CO/3-4, para. 32 (a) and (b)). In light of the above, the Committee requests the Government to supply information regarding measures taken or envisaged to ensure the effective access to and the quality of medical care benefits provided to pregnant and breastfeeding women and to their children, in application of Article 6(7) of the Convention.

Article 8. Return to work after maternity. The Committee requests the Government to indicate: (i) the duration of the period following the return of a woman to work after the maternity leave during which her employment may not be terminated; (ii) the legal and procedural remedies afforded in case of unjust dismissal, in accordance with Article 8(1) of the Convention; and (iii) the legal provisions or other measures in place ensuring that women can return to the same position or to an equivalent position with the same level of remuneration after maternity leave,as provided for in Article 8(2) of the Convention.

Article 9. Anti-discrimination measures. The Committee requests the Government to indicate measures taken or envisaged ensuring that maternity does not constitute a source of discrimination during employment, for instance as regards recruitment, career progression and benefits, also indicating sanctions provided in case of discrimination based on maternity, in accordance with Article 9(1) of the Convention. The Committee requests in particular, to indicate measures ensuring that pregnancy tests are not requested in access to employment except for specific types of occupation, as provided for in Article 9(2) of the Convention.

Article 10. Nursing breaks. Noting that section 181 of the Regulatory Part of the Labour Code provides that women are entitled to nursing breaks during their working time, the Committee requests the Government to specify if such breaks are counted as working time and remunerated accordingly.

Article 11. Consultation with employers’ and workers’ representative organizations. The Committee requests the Government to indicate whether examinations concerning the amount of maternity cash benefits take place periodically with the participation of social partners and to specify any decision taken in this regard.