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

Maternity Protection Convention, 1919 (No. 3) - Colombia (Ratification: 1933)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

1. Article 3(a) of the Convention. With reference to its previous comments, the Committee notes the adoption of Decree No. 936 of 1996 respecting section 236(1) of the Labour Code. The Committee notes with satisfaction that, in accordance with this provision of the Convention, at least six weeks of the worker’s paid maternity leave must be taken after confinement, even if the worker chooses to give one week of her maternity leave to her spouse.

2. With reference to its previous comments concerning the extension of the territorial coverage of the social security scheme, the Committee notes with interest the adoption of Decree No. 1298 of 22 June 1994 establishing the social security system. The Committee notes in particular that under section 39 of this Decree, from the year 2000 onwards all persons will be required to join the General Social Security System in Health on a contributory or subsidized basis, and shall thus become entitled to all the benefits provided by the Compulsory Health Plan, including maternity benefits.

The Committee takes note of this information and hopes that the implementation of the General Social Security System will allow coverage of all the women employees covered by the Convention in the near future. The Committee would be grateful if the Government would provide detailed information on the extension in practice of the coverage of the General Social Security System in Health to the entire country, and statistics on the number of women workers covered by the Convention who are entitled to maternity benefits guaranteed under the Compulsory Health Plan, as a proportion of all the women employees in industrial or commercial establishments, whether public or private, as defined in Article 1 of the Convention, read in conjunction with Article 3.

3. The Committee also draws the Government’s attention to certain points which it is raising in a direct request.

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