Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Maternity Protection Convention (Revised), 1952 (No. 103) - Tajikistan (Ratification: 1993)

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 3, paragraphs 2 and 3, of the Convention. Section 164 of the Labour Code guarantees 70 days’ prenatal leave and 70 days’ postnatal leave increased to 86 days in cases of difficult confinement. The Committee requests the Government to indicate whether, in conformity with Article 3, paragraph 2, of the Convention, the period of leave after confinement guaranteed by the legislation is compulsory in nature. Please specify, where appropriate, the length of compulsory leave after confinement.

Article 3, paragraph 5. The Committee requests the Government to indicate in its next report whether, and by virtue of which provisions, additional leave before confinement is guaranteed in case of illness medically certified arising out of pregnancy.

Article 4, paragraph 3. The Committee asks the Government to communicate additional information on the nature of care provided before, during and after confinement. Please supply a copy of the legislative provisions under which these benefits are provided.

Article 4, paragraphs 4, 6 and 7. In its report, the Government states that the Act relative to the state social insurance, provides for the payment of maternity benefits which correspond to the woman’s previous earnings throughout the entire period of maternity leave. The Committee asks the Government to supply a copy of the relevant legislative provisions in this field. It also asks the Government to give detailed information on the conditions under which cash and medical benefits are provided as well as on the system whereby contributions are due so as to supply these benefits.

Article 4, paragraph 5. The Committee requests the Government to specify whether, and by virtue of which provisions, women who fail to qualify for maternity benefits receive adequate benefits out of social assistance funds, in conformity with Article 4, paragraph 5, of the Convention.