Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Maternity Protection Convention (Revised), 1952 (No. 103) - Uruguay (Ratification: 1954)

With reference to its previous comments, the Committee notes the detailed information provided by the Government on the reform of the health system and medical maternity benefits (Article 4(3) of the Convention). The Committee also notes with interest the adoption of Act No. 18868, dated 10 January 2012, which prohibits the requirement of a pregnancy test or a medical certificate attesting that a woman is not pregnant as a condition for the selection process, recruitment, promotion or retention in any job or position, in both the public and private sectors.

Article 4(6) of the Convention. Maternity benefits for women who have not completed 300 days of insurance. The Committee notes the indication that the maternity subsidy for women who have not completed 300 days of insurance can be of a very low level at the beginning of the employment relationship, for which reason the benefit is calculated taking into account the remuneration received during the six months prior to the beginning of maternity leave. The Committee understands that these women workers are entitled to the financial benefit without any waiting period. The Committee requests the Government to confirm that this is the case and to indicate the minimum period of employment required for women who have not completed 300 days of insurance to receive maternity benefit representing at least two-thirds of their earnings prior to the maternity leave. Please also indicate whether women workers whose period of employment does not permit them to receive benefits equivalent to two-thirds of their personal earnings may receive means-tested social benefits, out of social assistance funds, in order to ensure the full and healthy maintenance of these women and their children in accordance with a suitable standard of living.

Article 1. Situation of women workers in the private sector covered by para-public social security institutions. The Committee notes the indication that, since section 169 of Act No. 17556 was found to be unconstitutional which deprived women workers in the private sector covered by para-public social security institutions from medical coverage during the pregnancy and the birth, and from cash benefits during their maternity leave, the executive authorities have undertaken to explicitly repeal this provision. The Government reiterates that these workers currently benefit from a protection scheme similar to that of women workers covered by the general scheme under the terms of Legislative Decree No. 15084, which provides for a family allowance and a maternity subsidy (sections 2 and 11). The Committee requests the Government to keep the Office informed concerning the explicit repeal of section 169 of Act No. 17556.