Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Maternity Protection Convention, 1919 (No. 3) - Guinea (Ratification: 1966)

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(c) of the Convention. The Committee notes the information supplied by the Government. It notes that, under section 106(4) of Act No. L/94/006/CTRN issuing the Social Security Code, the National Social Security Fund pays 50 per cent of the daily maternity benefits, the other 50 per cent being borne by the employer. It notes however that, according to the Government, every effort will be made to conform to the provision of the Convention on this subject. The Committee therefore hopes that the National Social Security Fund will gradually be able to assume payment of the whole maternity benefit so that it is not borne directly, even in part, by the employer. The Government is asked to indicate any progress in this respect in its next report.

Article 4. The Committee notes that, under section 63 of Ordinance No. 003/PRG/SGG/88 of 1988 issuing the Labour Code, the employer may terminate the contract of the woman worker who is on maternity leave on grounds of serious misconduct not linked to the pregnancy or if he is unable to maintain the contract for reasons unrelated to the pregnancy, confinement or maternity. The Committee reminds the Government that under this provision of the Convention it is unlawful for the employer to dismiss a woman worker who is absent on maternity leave or to give her notice of dismissal at such a time that the notice would expire during her absence. The Committee therefore hopes that the Government will take all necessary steps to bring its legislation into full conformity with this provision of the Convention.