Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the Government’s reply to the comment made under Article 4, paragraphs 4, 6 and 7, of the Convention (cash benefits) and requests the Government to supply further information on the following points.

Article 3, paragraphs 2 and 3. Compulsory postnatal leave. The Committee notes the Government’s reply to the effect that postnatal leave is not compulsory. In this regard, the Committee recalls that the prohibition on working for a period of six weeks after confinement, as laid down by the Convention, constitutes protection which complements the right to leave, with a view to preventing the woman worker, as a result of pressure or any material advantages proposed, from being made to resume her work before the expiry of the legal period of postnatal leave, to the detriment of her own health or that of her child. The Committee therefore requests the Government to complement the Labour Code imposing a minimum of six weeks as the compulsory part of postnatal leave, in accordance with this provision of the Convention.

Articles 2 and 4, paragraph 3. Medical benefits awarded to foreign women. Act No. 408 of 2008 (Medical Insurance Act) provides for compulsory medical insurance for nationals employed on the basis of an employment contract (section 6), whereas foreigners employed on the basis of an employment contract are only covered by medical insurance on a voluntary basis (section 17). The Committee reminds the Government that the principle of equal treatment requires foreign women to be covered by compulsory insurance in the same way as nationals. The Committee requests the Government to explain the reasons why foreign women workers have been excluded from the scope of application of compulsory medical insurance.

Article 4, paragraph 3. Free medical care and types of medical benefits. Section 13 of the Medical Insurance Act prescribes the provision of medical, health and rehabilitation care according to the programme of compulsory medical insurance covering the persons concerned. According to section 5 of this Act, there are two types of compulsory insurance programmes: basic (care provided free of charge) and complementary (care provided involving cost sharing by the beneficiaries). The Committee requests the Government to indicate which compulsory insurance programme (basic or complementary) covers prenatal, confinement and postnatal care. It also asks the Government to indicate whether medical benefits include hospitalization.