Maternity Protection Convention, 2000 (No. 183) - Mali (Ratification: 2008)

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

Article 4(4) of the Convention. Compulsory maternity leave. In its previous comments, the Committee noted that, under sections L.179 and L.180 of the Labour Code, women workers were entitled to 14 weeks’ maternity leave, including seven consecutive weeks of compulsory leave, starting three weeks before the presumed date of childbirth and four weeks of compulsory post-natal leave. Noting that, in accordance with Article 4(4) of the Convention, maternity leave must include a period of six weeks’ compulsory leave after childbirth, unless otherwise agreed at the national level by the government and the representative organizations of employers and workers, the Committee requested the Government to indicate whether the national representative organizations of employers and workers were consulted on the provisions of the Labour Code concerning the duration of compulsory post-natal leave.

The Committee notes the indication in the Government’s report that during the preparation and adoption of the Labour Code, the most representative organizations of employers and workers were consulted in the context of tripartite meetings and the Higher Labour Council. In addition, the Government indicates that in practice, the period of post-natal maternity leave is generally more than six weeks. The Committee duly notes this information.

Article 8(2). Right to return to work. The Committee previously requested the Government to indicate how national legislation guarantees women workers the right to return to the same position or an equivalent position paid at the same rate at the end of their maternity leave.

The Committee notes the details provided by the Government in this regard, indicating that, in accordance with section L.34 of the Labour Code, maternity leave constitutes a suspension of the employment contract at the end of which a woman worker returns to the same position or an equivalent position paid at the same rate at the end of their maternity leave. The Committee duly notes this information.

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

Article 2(1) of the Convention. Application of the Convention to all employed women. The Committee notes the Government’s indication that, in Mali, atypical forms of dependent work generally relate to informal work, for example, in craft skills (dyeing, sewing, soap-making) and family enterprises (trade, agriculture, market gardening). The Government also indicates that, in practice, the labour inspectorate rarely intervenes in the informal economy and not at all in family enterprises, given the inadequate material and human resources.

In this regard, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 2018, noted with concern that approximately 96 per cent of workers were employed in the informal sector of the economy and were not covered by labour laws or the social protection system (E/C.12/MLI/CO/1, para. 20). The Committee requests the Government to take the necessary measures to ensure that women workers in the informal economy employed in atypical forms of dependent work benefit from the protection guaranteed by the Convention, in accordance with its Article 2(1), and to provide information on the measures taken in this regard. With respect to matching human resources and material means with the needs of inspection, the Committee refers to its detailed comments under the Labour Inspection Convention, 1947 (No. 81).

Article 8(1). Employment protection. In its previous comments, the Committee noted that section L.183 of the Labour Code prohibited the dismissal of women while they were on maternity leave, including the period of supplementary leave in case of maternity related sickness and requested the Government to extend the protection provided in this section to the period of pregnancy and nursing.

In its reply, the Government indicates that it will examine this issue in consultation with the most representative organizations of employers and workers at the forthcoming revision of the Labour Code. The Committee once again requests the Government to take the necessary measures to ensure employment protection against dismissal of women workers not only during maternity leave but for the entire period of pregnancy and a prescribed period after their return to work, in accordance with Article 8(1) of the Convention. The Committee requests the Government to provide information on any measures taken or envisaged in this regard.

Article 9(1). Non-discrimination. In its previous comment, the Committee requested the Government to envisage incorporating provisions into the Labour Code explicitly recognizing maternity as prohibited grounds of discrimination; imposing the obligation to abide by these provisions on all employers; and establishing effective penalties for any cases of discrimination on the basis of maternity, in order to give full effect to Article 9(1) of the Convention.

In its reply, the Government indicates that it will examine this issue in consultation with the most representative organizations of employers and workers at the forthcoming revision of the Labour Code. The Committee expresses the firm hope that the Government will take the necessary measures to give full effect to Article 9 of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Amendment of the Labour Code. The Committee notes the information supplied by the Government, including the reference to a Bill which is being drafted to amend the Labour Code (Act No. 92-020 of 23 September 1992). The Committee hopes that the Government will take account of its comments by including provisions that expressly: extend the period of compulsory postnatal leave from four to six weeks (Article 4 of the Convention); extend the period of employment protection provided for in sections L.183 and L.326(2) of the Labour Code to the period of pregnancy and a prescribed period following the woman’s return to work (Article 8(1)); add provisions to the Labour Code that guarantee women workers the right to return to the same position or an equivalent position paid at the same rate at the end of their maternity leave (Article 8(2)).

Article 9 of the Convention. Non-discrimination. In reply to the Committee’s previous comments, the Government refers to section L.305(2) of the draft amended Labour Code, which provides that fee-charging employment agencies must not subject workers to discrimination on the basis of race, colour, sex, religion, political views, national extraction, social origin or any other recognized form of discrimination. The Committee emphasizes that, in order to give full effect to Article 9 of the Convention concerning discrimination on the basis of maternity, the Labour Code must: (1) explicitly prohibit discrimination on the basis of maternity; (2) provide for the specific measures referred to in Article 9; (3) impose on all employers, not just on fee-charging employment agencies, the obligation to abide by these provisions; and (4) establish effective penalties for any cases of discrimination on the basis of maternity. The Committee hopes that the Government will be in a position to incorporate these principles in the new Labour Code.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Atypical forms of dependent work. The Committee notes the Government’s indication that since atypical forms of dependent work, as referred to in the report form, are uncommon and rarely encountered in Mali, no specific measures are contemplated for this type of work. The Committee wishes to point out in this respect that atypical forms of dependent work are not limited to home work, telework and temporary work but include all forms of non-standard or atypical work performed by women where an employment relationship exists or is deemed to exist in accordance with national law and practice because of the situation of dependency in which the work takes place. Article L.1 of the Labour Code defines a worker as a person who places his/her professional activity under the supervision of an employer in return for wages; in order to determine whether someone is a worker, no account shall be taken of the legal status of the employer or the worker. In view of the above, the Committee invites the Government to indicate what types of employment relationships existing in the country may be considered as atypical within the meaning of the Convention and how maternity protection of women in such forms of employment is ensured in practice. Please state any difficulties encountered in applying the provisions of the Labour Code to such categories of employees.

Article 3. Health protection measures. The Committee notes the information provided by the Government as regards the types of works considered to be prejudicial to the health of mother and child. It also notes that the labour inspection services can order the medical examination of women workers with a view to determining whether the work they perform is or is not prejudicial to their health (section L.188 of the Labour Code). The Ministries of Labour and Social Protection are responsible within the limits of their competencies for adopting the measures giving effect to this provision of the Convention. The Committee requests the Government to indicate whether the national legislation or practice provide for consultations with the representative organizations of employers and workers upon the adoption of measures ensuring that pregnant or breastfeeding women are not obliged to perform work considered as prejudicial to the health of the mother or the child. The Committee refers in this respect to Paragraph 6 of the Maternity Protection Recommendation, 2000 (No. 191), which suggests the types of measures to be taken with a view to avoiding exposing working pregnant and breastfeeding women at risk.

Article 4. Compulsory post-natal leave. The Committee notes that a combined reading of section L.179 and L.180 of the Labour Code entitles women workers to 14 weeks’ maternity leave, starting six weeks before the presumed date of childbirth. Seven consecutive weeks are compulsory, starting three weeks before the presumed date of childbirth and thus shortening the period of compulsory post-natal leave from six to four weeks. Please indicate whether the national representative organizations of employers and workers were consulted on this issue.

Article 5. Leave in case of sickness or complications. The Committee notes that, by virtue of section L.181 of the Labour Code, the period of maternity leave is extended by three supplementary weeks in case of pregnancy or childbirth related sickness. The Committee understands that, during this additional period, women on leave continue to receive cash maternity benefits and would be grateful if the Government would confirm in its next report whether or not such understanding is correct.

Article 8(1). Employment protection. Article L.183 of the Labour Code prohibits the dismissal of women while they are on maternity leave, including the period of supplementary leave in case of maternity related sickness. The Committee requests the Government to indicate what provisions ensure employment protection of women workers not only during maternity leave but for the entire period of pregnancy and a prescribed period after their return to work, in accordance with Article 8(1) of the Convention.

Article 8(2). Right to return to work. The Committee requests the Government to indicate how national legislation guarantees women workers the right to return to the same position or an equivalent position paid at the same rate at the end of their maternity leave.

Article 9. Non-discrimination. The Government states that there are no provisions in the Labour Code establishing penal sanctions in case of discrimination based on pregnancy and that the only remedy available is the compensation of damages. The Committee recalls that by virtue of Article 9 appropriate measures should be adopted to ensure that maternity does not constitute a source of discrimination in employment, including access to employment. The Committee therefore requests the Government to consider what additional measures, including the reparations and sanctions, may be deemed appropriate to combat maternity related discrimination in Mali with a view to giving better effect to this provision of the Convention and to provide detailed information on the steps taken with a view to developing a national strategy aimed at preventing maternity-related discrimination in employment, including access to employment.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the first report on the application of the Convention and requests the Government to supply complementary information on the following points.

Article 2 of the Convention. Atypical forms of dependent work. The Committee notes the Government’s indication that since atypical forms of dependent work, as referred to in the report form, are uncommon and rarely encountered in Mali, no specific measures are contemplated for this type of work. The Committee wishes to point out in this respect that atypical forms of dependent work are not limited to home work, telework and temporary work but include all forms of non-standard or atypical work performed by women where an employment relationship exists or is deemed to exist in accordance with national law and practice because of the situation of dependency in which the work takes place. Article L.1 of the Labour Code defines a worker as a person who places his/her professional activity under the supervision of an employer in return for wages; in order to determine whether someone is a worker, no account shall be taken of the legal status of the employer or the worker. In view of the above, the Committee invites the Government to indicate what types of employment relationships existing in the country may be considered as atypical within the meaning of the Convention and how maternity protection of women in such forms of employment is ensured in practice. Please state any difficulties encountered in applying the provisions of the Labour Code to such categories of employees.

Article 3. Health protection measures. The Committee notes the information provided by the Government as regards the types of works considered to be prejudicial to the health of mother and child. It also notes that the labour inspection services can order the medical examination of women workers with a view to determining whether the work they perform is or is not prejudicial to their health (section L.188 of the Labour Code). The Ministries of Labour and Social Protection are responsible within the limits of their competencies for adopting the measures giving effect to this provision of the Convention. The Committee requests the Government to indicate whether the national legislation or practice provide for consultations with the representative organizations of employers and workers upon the adoption of measures ensuring that pregnant or breastfeeding women are not obliged to perform work considered as prejudicial to the health of the mother or the child. The Committee refers in this respect to paragraph 6 of the Maternity Protection Recommendation, 2000 (No. 191), which suggests the types of measures to be taken with a view to avoiding exposing working pregnant and breastfeeding women at risk.

Article 4. Compulsory post-natal leave. The Committee notes that a combined reading of section L.179 and L.180 of the Labour Code entitles women workers to 14 weeks’ maternity leave, starting six weeks before the presumed date of childbirth. Seven consecutive weeks are compulsory, starting three weeks before the presumed date of childbirth and thus shortening the period of compulsory post-natal leave from six to four weeks. Please indicate whether the national representative organizations of employers and workers were consulted on this issue.

Article 5. Leave in case of sickness or complications. The Committee notes that, by virtue of section L.181 of the Labour Code, the period of maternity leave is extended by three supplementary weeks in case of pregnancy or childbirth related sickness. The Committee understands that, during this additional period, women on leave continue to receive cash maternity benefits and would be grateful if the Government would confirm in its next report whether or not such understanding is correct.

Article 8(1). Employment protection. Article L.183 of the Labour Code prohibits the dismissal of women while they are on maternity leave, including the period of supplementary leave in case of maternity related sickness. The Committee requests the Government to indicate what provisions ensure employment protection of women workers not only during maternity leave but for the entire period of pregnancy and a prescribed period after their return to work, in accordance with Article 8(1) of the Convention.

Article 8(2). Right to return to work. The Committee requests the Government to indicate how national legislation guarantees women workers the right to return to the same position or an equivalent position paid at the same rate at the end of their maternity leave.

Article 9. Non-discrimination. The Government states that there are no provisions in the Labour Code establishing penal sanctions in case of discrimination based on pregnancy and that the only remedy available is the compensation of damages. The Committee recalls that by virtue of Article 9 appropriate measures should be adopted to ensure that maternity does not constitute a source of discrimination in employment, including access to employment. The Committee therefore requests the Government to consider what additional measures, including the reparations and sanctions, may be deemed appropriate to combat maternity related discrimination in Mali with a view to giving better effect to this provision of the Convention and to provide detailed information on the steps taken with a view to developing a national strategy aimed at preventing maternity-related discrimination in employment, including access to employment.