Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Maternity Protection Convention (Revised), 1952 (No. 103) - Equatorial Guinea (Ratification: 1985)

The Committee notes with deep concern that the Government’s report, which has been due since 2008, has not been received. In view of the urgent appeal made to the Government in 2019, the Committee will proceed with the examination of the application of the Convention on the basis of the information available to it.

Article 6 of the Convention. Dismissal during maternity leave. Public officials. With reference to its previous comments, the Committee observes that, in the same way as the earlier provisions, new Act No. 2/2014 on State public officials, in sections 111 et seq., provides for the possibility of the dismissal of women workers for gross misconduct following the appropriate disciplinary procedure. The Committee recalls that Article 6 of the Convention provides that it shall not be lawful for an employer to give a woman notice of dismissal during maternity leave, including any prenatal or post-natal leave to which she is entitled, or to give her notice of dismissal at such a time that the notice would expire during such absence. The Committee urges the Government to provide information on the measures which ensure that effect is given to Article 6 of the Convention and which establish a formal prohibition on giving a public official her notice of dismissal during her absence on maternity leave, or at a time such that the notice would expire during her absence.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Convention No. 103 is in force should be encouraged to ratify the more recent Maternity Protection Convention, 2000 (No. 183) (see GB.328/LILS/2/1). Convention No. 183 sets out the more modern approach to maternity protection. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 183 as the most up-to-date instrument in this subject area.