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

Maternity Protection Convention (Revised), 1952 (No. 103) - Zambia (Ratification: 1979)

Articles 3 and 5 of the Convention. Reform of the labour legislation aimed at securing compliance with Articles 3 and 5. Maternity leave and nursing breaks. In its previous comments, the Committee expressed the hope that the Government would be in a position to indicate tangible progress made in respect of the issues related to Article 3 (need to grant maternity leave as of right regardless of any period of service), Article 3(3) (need to establish the compulsory nature of postnatal leave during the first six weeks after childbirth) and Article 5 (need to establish a right to nursing breaks, counted as working time and remunerated accordingly). The Committee notes with satisfaction that the Government reports that tangible progress has been recorded with regards to the labour law reforms, which were concluded and gave effect to the Employment Code Act, No. 3 of 2019. The Committee notes that the Code addresses all the issues cited above, granting 14 weeks of maternity leave on production of a medical certificate to the employer, which may be taken immediately preceding the expected date of delivery or after the delivery, except that six weeks of maternity shall be taken immediately after delivery (section 41). The Committee also notes that nursing breaks have been established by section 45 of the Employment Code Act, providing that a female employee who is nursing her child is entitled, for a period of six months following her date of delivery, to at least two nursing breaks of 30 minutes each or one nursing break of one hour, not to be deducted from the number of paid hours of work.

Article 4(4) and (8). Reforms aimed at introducing maternity benefits in the framework of a new social security system. Maternity cash benefits. With reference to its previous comments, the Committee hoped that the Government would report some progress with a view to establishing a maternity protection branch as a component of the social security system. The Committee observes the new Employment Code Act, No. 3 of 2019 makes provision for maternity benefits in the framework of an employers’ liability system, rather than providing maternity cash and medical benefits either by means of compulsory social insurance or by means of public funds, as required by Article 4(4) of the Convention, and precluding employers’ liability as provided by Article 4(8) of the Convention. At the same time, the Committee notes the Government’s indication that the National Social Health Insurance Act, No. 2 of 2018, provides for the establishment of a Maternity Protection Fund, which will be anchored in the already existing institutional framework provided by the National Pension Scheme Authority (NAPSA). The fund will receive monthly contributions from both employers and employees at rates to be determined actuarially in due course. The Committee requests the Government to specify if the Maternity Protection Fund is intended to provide cash maternity benefits by means of compulsory social insurance with a view to move away from the current employers’ liability system. The Committee further requests the Government to provide information regarding the state of implementation of the Maternity Protection Fund and of any other measure taken or envisaged to give effect to Article 4(4) and (8), of the Convention.

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 Convention No. 183 (see GB.328/LILS/2/1). Convention No. 183 reflects 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.

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