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

Maternity Protection Convention (Revised), 1952 (No. 103) - Chile (Ratification: 1994)

The Committee notes the amendments to the Labour Code that strengthen maternity protection and include postnatal parental leave and the extension of postnatal leave in the event of premature or multiple birth.

Article 4(3) of the Convention. Medical benefits. The Committee notes that Resolution No. 1717 of 1985 still provides for free medical benefits for persons with no income or formal work, persons receiving a subsidy from the State, pregnant women and children up to 6 years of age (group A) and persons receiving a minimum wage (group B). Persons who receive an income higher than the minimum wage (groups C and D) have co-payments of 10 and 20 per cent for medical care related to childbirth. On the matter of free choice of physician and medical care establishment, the Committee notes that this exists for groups B, C and D provided that the State’s contribution is no greater than 75 per cent. The Committee requests the Government to study the situation of women in groups B, C and D to ensure that the medical benefits specified in Article 3 of the Convention.

Article 4(5). Social assistance benefits. The Committee requests the Government to reply to its previous comments in which it noted that no benefits out of social assistance are payable, subject to a means test, to women who do not fulfil affiliation requirements set in section 4 of Decree with Force of Law No. 4 of 1978 and are therefore not eligible for cash benefits.