Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Maternity Protection Convention (Revised), 1952 (No. 103) - Ecuador (Ratification: 1962)

1. (1) The Committee notes from the Government's reply to its earlier comments that the Legislative Committee on Social and Penal Matters is going to approve a draft legislation concerning the protection of women during the period before and after confinement which would satisfy the requirements of the Convention. It observes, however, that no measures have yet been adopted in order to bring the national legislation into conformity with the following provisions of the Convention: (a) Article 3, paragraphs 2 and 3 (total length of maternity leave of at least 12 weeks, of which six weeks of compulsory leave to be taken after confinement); (b) Article 3, paragraph 4 (extension of pre-natal leave until the actual date of confinement without reduction of post-natal leave); and (c) Article 5, paragraph 2 (breaks for the purpose of nursing to be counted as working hours and remunerated accordingly).

The Committee recalls that this matter has been the subject of comment for many years and reiterates its hope that the Government will not fail to take necessary measures in order to introduce amendments to sections 153 to 156 of the Labour Code, as already expressed by the Government in its previous reports, in order to ensure the application of the above-mentioned provisions of the Convention.

(2) Article 4, paragraph 1. The Committee hopes that the above-mentioned draft legislation would also provide for the extension of the period during which cash and medical benefits shall be granted, so as to cover a period of the maternity leave of 12 weeks, as provided for in the Convention. The Committee can but reiterate its hope that such measures will be adopted in the near future in respect of both women workers covered by the compulsory social insurance scheme, including domestic workers, and women workers covered by the peasants' social insurance scheme.

2. The Committee would be grateful if the Government would supply statistical information not only on the number of women workers covered both by the compulsory insurance scheme and by the peasants' social insurance scheme, but also on their percentage in relation to all women workers of the country. It once again requests the Government to provide information on any further extension of the social insurance scheme so as to cover all the categories of women workers referred to in Article 1 of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1991.]