Maternity Protection Convention (Revised), 1952 (No. 103) - Tajikistan (Ratification: 1993)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee takes note of the information provided by the Government concerning Article 3(2) and (3) with respect to compulsory postnatal leave and Articles 2 and 4(3) as regards medical benefits awarded to foreign women workers.

Article 4(3) of the Convention. Free medical care and types of medical benefits. According to section 5 of the Medical Insurance Act of 2008, protected persons are entitled to basic programme of compulsory medical insurance which defines the volume and conditions of medical care and medicines provided free of charge, and to supplementary programmes of complementary medical insurance which defines the care, medicines, rehabilitation and health promotion services involving cost sharing by the beneficiaries.The Committee asks the Government to specify which types of pregnancy, prenatal, confinement and postnatal care by qualified midwives or medical practitioners are provided under the basic and supplementary programmes respectively.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee takes note of the information provided by the Government concerning Article 3(2) and (3) with respect to compulsory postnatal leave and Articles 2 and 4(3) as regards medical benefits awarded to foreign women workers.

Article 4(3) of the Convention. Free medical care and types of medical benefits. According to section 5 of the Medical Insurance Act of 2008, protected persons are entitled to basic programme of compulsory medical insurance which defines the volume and conditions of medical care and medicines provided free of charge, and to supplementary programmes of complementary medical insurance which defines the care, medicines, rehabilitation and health promotion services involving cost sharing by the beneficiaries. The Committee asks the Government to specify which types of pregnancy, prenatal, confinement and postnatal care by qualified midwives or medical practitioners are provided under the basic and supplementary programmes respectively.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee takes note of the information provided by the Government concerning Article 3(2) and (3) with respect to compulsory postnatal leave and Articles 2 and 4(3) as regards medical benefits awarded to foreign women workers.

Article 4(3) of the Convention. Free medical care and types of medical benefits. According to section 5 of the Medical Insurance Act of 2008, protected persons are entitled to basic programme of compulsory medical insurance which defines the volume and conditions of medical care and medicines provided free of charge, and to supplementary programmes of complementary medical insurance which defines the care, medicines, rehabilitation and health promotion services involving cost sharing by the beneficiaries. The Committee asks the Government to specify which types of pregnancy, prenatal, confinement and postnatal care by qualified midwives or medical practitioners are provided under the basic and supplementary programmes respectively.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee takes note of the information provided by the Government concerning Article 3(2) and (3) with respect to compulsory postnatal leave and Articles 2 and 4(3) as regards medical benefits awarded to foreign women workers.

Article 4(3) of the Convention. Free medical care and types of medical benefits. According to section 5 of the Medical Insurance Act of 2008, protected persons are entitled to basic programme of compulsory medical insurance which defines the volume and conditions of medical care and medicines provided free of charge, and to supplementary programmes of complementary medical insurance which defines the care, medicines, rehabilitation and health promotion services involving cost sharing by the beneficiaries. The Committee asks the Government to specify which types of pregnancy, prenatal, confinement and postnatal care by qualified midwives or medical practitioners are provided under the basic and supplementary programmes respectively.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee takes note of the information provided by the Government concerning Article 3(2) and (3) with respect to compulsory postnatal leave and Articles 2 and 4(3) as regards medical benefits awarded to foreign women workers.

Article 4(3) of the Convention. Free medical care and types of medical benefits. According to section 5 of the Medical Insurance Act of 2008, protected persons are entitled to basic programme of compulsory medical insurance which defines the volume and conditions of medical care and medicines provided free of charge, and to supplementary programmes of complementary medical insurance which defines the care, medicines, rehabilitation and health promotion services involving cost sharing by the beneficiaries. The Committee asks the Government to specify which types of pregnancy, prenatal, confinement and postnatal care by qualified midwives or medical practitioners are provided under the basic and supplementary programmes respectively.

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

The Committee notes with regret 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 comments.

Repetition

Article 3(2) and (3). Compulsory postnatal leave. The Committee notes the Government’s reply to the effect that postnatal leave is not compulsory. In this regard, the Committee recalls that the prohibition on working for a period of six weeks after confinement, as laid down by the Convention, constitutes protection which complements the right to leave, with a view to preventing the woman worker, as a result of pressure or any material advantages proposed, from being made to resume her work before the expiry of the legal period of postnatal leave, to the detriment of her own health or that of her child. The Committee therefore requests the Government to complement the Labour Code imposing a minimum of six weeks as the compulsory part of postnatal leave, in accordance with this provision of the Convention.

Articles 2 and 4(3). Medical benefits awarded to foreign women. Act No. 408 of 2008 (Medical Insurance Act) provides for compulsory medical insurance for nationals employed on the basis of an employment contract (section 6), whereas foreigners employed on the basis of an employment contract are only covered by medical insurance on a voluntary basis (section 17). The Committee reminds the Government that the principle of equal treatment requires foreign women to be covered by compulsory insurance in the same way as nationals. The Committee requests the Government to explain the reasons why foreign women workers have been excluded from the scope of application of compulsory medical insurance.

Article 4(3). Free medical care and types of medical benefits. Section 13 of the Medical Insurance Act prescribes the provision of medical, health and rehabilitation care according to the programme of compulsory medical insurance covering the persons concerned. According to section 5 of this Act, there are two types of compulsory insurance programmes: basic (care provided free of charge) and complementary (care provided involving cost sharing by the beneficiaries). The Committee requests the Government to indicate which compulsory insurance programme (basic or complementary) covers prenatal, confinement and postnatal care. It also asks the Government to indicate whether medical benefits include hospitalization.

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 3(2) and (3). Compulsory postnatal leave. The Committee notes the Government’s reply to the effect that postnatal leave is not compulsory. In this regard, the Committee recalls that the prohibition on working for a period of six weeks after confinement, as laid down by the Convention, constitutes protection which complements the right to leave, with a view to preventing the woman worker, as a result of pressure or any material advantages proposed, from being made to resume her work before the expiry of the legal period of postnatal leave, to the detriment of her own health or that of her child. The Committee therefore requests the Government to complement the Labour Code imposing a minimum of six weeks as the compulsory part of postnatal leave, in accordance with this provision of the Convention.

Articles 2 and 4(3). Medical benefits awarded to foreign women. Act No. 408 of 2008 (Medical Insurance Act) provides for compulsory medical insurance for nationals employed on the basis of an employment contract (section 6), whereas foreigners employed on the basis of an employment contract are only covered by medical insurance on a voluntary basis (section 17). The Committee reminds the Government that the principle of equal treatment requires foreign women to be covered by compulsory insurance in the same way as nationals. The Committee requests the Government to explain the reasons why foreign women workers have been excluded from the scope of application of compulsory medical insurance.

Article 4(3). Free medical care and types of medical benefits. Section 13 of the Medical Insurance Act prescribes the provision of medical, health and rehabilitation care according to the programme of compulsory medical insurance covering the persons concerned. According to section 5 of this Act, there are two types of compulsory insurance programmes: basic (care provided free of charge) and complementary (care provided involving cost sharing by the beneficiaries). The Committee requests the Government to indicate which compulsory insurance programme (basic or complementary) covers prenatal, confinement and postnatal care. It also asks the Government to indicate whether medical benefits include hospitalization.

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

The Committee notes the Government’s reply to the comment made under Article 4, paragraphs 4, 6 and 7, of the Convention (cash benefits) and requests the Government to supply further information on the following points.

Article 3, paragraphs 2 and 3. Compulsory postnatal leave. The Committee notes the Government’s reply to the effect that postnatal leave is not compulsory. In this regard, the Committee recalls that the prohibition on working for a period of six weeks after confinement, as laid down by the Convention, constitutes protection which complements the right to leave, with a view to preventing the woman worker, as a result of pressure or any material advantages proposed, from being made to resume her work before the expiry of the legal period of postnatal leave, to the detriment of her own health or that of her child. The Committee therefore requests the Government to complement the Labour Code imposing a minimum of six weeks as the compulsory part of postnatal leave, in accordance with this provision of the Convention.

Articles 2 and 4, paragraph 3. Medical benefits awarded to foreign women. Act No. 408 of 2008 (Medical Insurance Act) provides for compulsory medical insurance for nationals employed on the basis of an employment contract (section 6), whereas foreigners employed on the basis of an employment contract are only covered by medical insurance on a voluntary basis (section 17). The Committee reminds the Government that the principle of equal treatment requires foreign women to be covered by compulsory insurance in the same way as nationals. The Committee requests the Government to explain the reasons why foreign women workers have been excluded from the scope of application of compulsory medical insurance.

Article 4, paragraph 3. Free medical care and types of medical benefits. Section 13 of the Medical Insurance Act prescribes the provision of medical, health and rehabilitation care according to the programme of compulsory medical insurance covering the persons concerned. According to section 5 of this Act, there are two types of compulsory insurance programmes: basic (care provided free of charge) and complementary (care provided involving cost sharing by the beneficiaries). The Committee requests the Government to indicate which compulsory insurance programme (basic or complementary) covers prenatal, confinement and postnatal care. It also asks the Government to indicate whether medical benefits include hospitalization.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret 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:

Article 3, paragraphs 2 and 3, of the Convention. Section 164 of the Labour Code guarantees 70 days’ prenatal leave and 70 days’ postnatal leave increased to 86 days in cases of difficult confinement. The Committee requests the Government to indicate whether, in conformity with Article 3, paragraph 2, of the Convention, the period of leave after confinement guaranteed by the legislation is compulsory in nature. Please specify, where appropriate, the length of compulsory leave after confinement.

Article 3, paragraph 5. The Committee requests the Government to indicate in its next report whether, and by virtue of which provisions, additional leave before confinement is guaranteed in case of illness medically certified arising out of pregnancy.

Article 4, paragraph 3. The Committee asks the Government to communicate additional information on the nature of care provided before, during and after confinement. Please supply a copy of the legislative provisions under which these benefits are provided.

Article 4, paragraphs 4, 6 and 7. The Government states that the Act relative to the state social insurance provides for the payment of maternity benefits which correspond to the woman’s previous earnings throughout the entire period of maternity leave. The Committee asks the Government to supply a copy of the relevant legislative provisions in this field. It also asks the Government to give detailed information on the conditions under which cash and medical benefits are provided as well as on the system whereby contributions are due so as to supply these benefits.

Article 4, paragraph 5. The Committee requests the Government to specify whether, and by virtue of which provisions, women who fail to qualify for maternity benefits receive adequate benefits out of social assistance funds, in conformity with Article 4, paragraph 5, of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret 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:

Article 3, paragraphs 2 and 3, of the Convention. Section 164 of the Labour Code guarantees 70 days’ prenatal leave and 70 days’ postnatal leave increased to 86 days in cases of difficult confinement. The Committee requests the Government to indicate whether, in conformity with Article 3, paragraph 2, of the Convention, the period of leave after confinement guaranteed by the legislation is compulsory in nature. Please specify, where appropriate, the length of compulsory leave after confinement.

Article 3, paragraph 5. The Committee requests the Government to indicate in its next report whether, and by virtue of which provisions, additional leave before confinement is guaranteed in case of illness medically certified arising out of pregnancy.

Article 4, paragraph 3. The Committee asks the Government to communicate additional information on the nature of care provided before, during and after confinement. Please supply a copy of the legislative provisions under which these benefits are provided.

Article 4, paragraphs 4, 6 and 7. In its report, the Government states that the Act relative to the state social insurance, provides for the payment of maternity benefits which correspond to the woman’s previous earnings throughout the entire period of maternity leave. The Committee asks the Government to supply a copy of the relevant legislative provisions in this field. It also asks the Government to give detailed information on the conditions under which cash and medical benefits are provided as well as on the system whereby contributions are due so as to supply these benefits.

Article 4, paragraph 5. The Committee requests the Government to specify whether, and by virtue of which provisions, women who fail to qualify for maternity benefits receive adequate benefits out of social assistance funds, in conformity with Article 4, paragraph 5, of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret 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:

Article 3, paragraphs 2 and 3, of the Convention. Section 164 of the Labour Code guarantees 70 days’ prenatal leave and 70 days’ postnatal leave increased to 86 days in cases of difficult confinement. The Committee requests the Government to indicate whether, in conformity with Article 3, paragraph 2, of the Convention, the period of leave after confinement guaranteed by the legislation is compulsory in nature. Please specify, where appropriate, the length of compulsory leave after confinement.

Article 3, paragraph 5. The Committee requests the Government to indicate in its next report whether, and by virtue of which provisions, additional leave before confinement is guaranteed in case of illness medically certified arising out of pregnancy.

Article 4, paragraph 3. The Committee asks the Government to communicate additional information on the nature of care provided before, during and after confinement. Please supply a copy of the legislative provisions under which these benefits are provided.

Article 4, paragraphs 4, 6 and 7. In its report, the Government states that the Act relative to the state social insurance, provides for the payment of maternity benefits which correspond to the woman’s previous earnings throughout the entire period of maternity leave. The Committee asks the Government to supply a copy of the relevant legislative provisions in this field. It also asks the Government to give detailed information on the conditions under which cash and medical benefits are provided as well as on the system whereby contributions are due so as to supply these benefits.

Article 4, paragraph 5. The Committee requests the Government to specify whether, and by virtue of which provisions, women who fail to qualify for maternity benefits receive adequate benefits out of social assistance funds, in conformity with Article 4, paragraph 5, of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

Article 3, paragraphs 2 and 3, of the Convention. Section 164 of the Labour Code guarantees 70 days’ prenatal leave and 70 days’ postnatal leave increased to 86 days in cases of difficult confinement. The Committee requests the Government to indicate whether, in conformity with Article 3, paragraph 2, of the Convention, the period of leave after confinement guaranteed by the legislation is compulsory in nature. Please specify, where appropriate, the length of compulsory leave after confinement.

Article 3, paragraph 5. The Committee requests the Government to indicate in its next report whether, and by virtue of which provisions, additional leave before confinement is guaranteed in case of illness medically certified arising out of pregnancy.

Article 4, paragraph 3. The Committee asks the Government to communicate additional information on the nature of care provided before, during and after confinement. Please supply a copy of the legislative provisions under which these benefits are provided.

Article 4, paragraphs 4, 6 and 7. In its report, the Government states that the Act relative to the state social insurance, provides for the payment of maternity benefits which correspond to the woman’s previous earnings throughout the entire period of maternity leave. The Committee asks the Government to supply a copy of the relevant legislative provisions in this field. It also asks the Government to give detailed information on the conditions under which cash and medical benefits are provided as well as on the system whereby contributions are due so as to supply these benefits.

Article 4, paragraph 5. The Committee requests the Government to specify whether, and by virtue of which provisions, women who fail to qualify for maternity benefits receive adequate benefits out of social assistance funds, in conformity with Article 4, paragraph 5, of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its first report. It requests the Government to supply additional information on the following points.

Article 3, paragraphs 2 and 3, of the Convention.  Section 164 of the Labour Code guarantees 70 days’ prenatal leave and 70 days’ postnatal leave increased to 86 days in cases of difficult confinement. The Committee requests the Government to indicate whether, in conformity with Article 3, paragraph 2, of the Convention, the period of leave after confinement guaranteed by the legislation is compulsory in nature. Please specify, where appropriate, the length of compulsory leave after confinement.

Article 3, paragraph 5.  The Committee requests the Government to indicate in its next report whether, and by virtue of which provisions, additional leave before confinement is guaranteed in case of illness medically certified arising out of pregnancy.

Article 4, paragraph 3.  The Committee asks the Government to communicate additional information on the nature of care provided before, during and after confinement. Please supply a copy of the legislative provisions under which these benefits are provided.

Article 4, paragraphs 4, 6 and 7.  In its report, the Government states that the Act relative to the state social insurance, provides for the payment of maternity benefits which correspond to the woman’s previous earnings throughout the entire period of maternity leave. The Committee asks the Government to supply a copy of the relevant legislative provisions in this field. It also asks the Government to give detailed information on the conditions under which cash and medical benefits are provided as well as on the system whereby contributions are due so as to supply these benefits.

Article 4, paragraph 5.  The Committee requests the Government to specify whether, and by virtue of which provisions, women who fail to qualify for maternity benefits receive adequate benefits out of social assistance funds, in conformity with Article 4, paragraph 5, of the Convention.