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

Maternity Protection Convention, 2000 (No. 183) - Belize (Ratification: 2005)

The Committee notes from the Government’s report that the issues raised in its previous comments have been remitted to the Labour Advisory Board (LAB), which has formulated recommendations giving better effect to Article 3 of the Convention (health protection) and Article 9 (specific measures for non-discrimination). The Committee hopes that the Government will take the LAB’s recommendations into consideration in order to give full effect to the Convention on these points.

Article 6. Cash benefits paid by employers. The Committee notes that the LAB’s view of the coverage of benefits should be through, for example, compulsory insurance or public funds, rather than the individual liability of employers, to better protect the situation of women not covered by the existing scheme. However, LAB considers that the appropriate entity to consider any proposals to replace the individual liability of employers for the cost of maternity benefits for women who are not covered by the Social Security Act or who do not fulfil the minimum contribution requirements, by the provision of corresponding social insurance or social assistance benefits, is the Social Security Board. The Committee hopes that the Government will refer the proposal to the Board for review and inform the Office of any development in this matter in its next report.

Article 8. Employment protection. Burden of proof. With reference to its observation, the Committee notes the Government’s statement that section 42(1) of the Labour (amendment) Act No. 3 does not specify that a woman cannot be dismissed during a period following her return to work, and section 204 of the same Act, does not place the burden of proving that the dismissal is not linked to pregnancy, childbirth and its consequences or nursing entirely on the employer. The Committee is pleased to note that the Government is fully aware of the above shortcomings in the protection provided for by the Labour Act in comparison with the requirements of the Convention and hopes that it will consider remedying them in the near future so as to give better effect to Article 8 of the Convention.

Article 10. Breastfeeding breaks. According to the Government’s report, the LAB decided not to recommend the inclusion of breastfeeding breaks into legislation but instead to encourage employers to provide for such a benefit in their policies. The Committee notes that this recommendation has not yet been tabled to the Minister of Labour and the final course of action will be decided by the Government. The Committee hopes that the Government will be able to find the appropriate solution so as to give full effect, in the national law and practice, to its obligations under Article 10 of the Convention.