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

Maternity Protection Convention, 2000 (No. 183) - Cuba (Ratification: 2004)

The Committee notes the Government’s reply to the comments made previously under Articles 3, 6(2), 8(1) and 9(2), of the Convention, and requests the Government to provide further information on the following points.

Article 3. Health protection for pregnant and breastfeeding workers. (a) In reply to the Committee’s comments, the Government indicates in its report that, where it is impossible to transfer a female worker to another post that is not prejudicial to the normal development of the pregnancy, that worker shall receive a social benefit equivalent to 60 per cent of her salary. The Committee understands that the same rate of 60 per cent is applied to the salary of female workers who have not completed six months’ service as provided for by section 2 of the special provisions of Legislative Decree No. 234. It requests the Government to confirm in its next report whether that is the case.

(b) The Committee notes the Government’s reply that the lists of work not recommended for women of average physical build provided for by section 124 of Decree No. 101/82 issuing the general regulations relating to the Occupational Health and Protection Act could be considered discriminatory and were not therefore drawn up. However, the Committee notes sections 123 and 125 of the above Decree which provide for the adoption of lists of activities and posts which affect the gynaecological system, the reproductive system or the normal development of pregnancy. It would be grateful if the Government would provide, with its next report, copies of the lists drawn up under sections 123 and 125 of Decree No. 101/82, as well as information on the consultations held in that regard.

Article 4, paragraph 1. Minimum duration of maternity leave. In reply to the Committee’s previous comments, the Government indicates that the application of section 6 of Legislative Decree No. 234 on maternity in the case of late childbirth does not affect the granting of the 12-week period of postnatal leave. However, the Committee draws the Government’s attention to the fact that its previous comments concerned section 8 of Legislative Decree No. 234 which limits the maternity leave to the postnatal portion of 12 weeks in the case of childbirth before the thirty-fourth week of pregnancy (thirty-second week for multiple births). As a result, the case envisaged by section 8 of the above Legislative Decree leads to a reduction in maternity leave to 12 weeks in total, whereas the Convention guarantees a maternity leave of at least 14 weeks. The Government is requested to re-examine this matter and to indicate in its next report the measures taken or envisaged to guarantee 14 weeks’ maternity leave in all circumstances, as required under this provision of the Convention.

Article 6, paragraph 6. Maternity benefits out of social assistance funds. The Committee once again requests the Government to provide, with its next report, copies of the documents containing the schedules established by the State Commission for Labour and Social Security and approved by the Council of Ministers which set the rates of continuing social assistance, in accordance with section 128 of Act No. 24 of 1979 on social security.