Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 103) sur la protection de la maternité (révisée), 1952 - Kirghizistan (Ratification: 1992)

The Committee notes the first report of the Government. It hopes that the Government’s next report will provide more detailed information on law and practice relating to the application of each provision of the Convention in accordance with the report form.

Article 3, paragraph 3, of the Convention. Compulsory period of maternity leave. According to section 307 of the Labour Code, women are entitled to 70 calendar days (ten weeks) maternity leave before and 56 calendar days (eight weeks) after confinement. While the period of maternity leave is longer than that required by the Convention and the Labour Code also grants additional leave in case of complications arising out of child birth, there is no provision which specifically refers to the compulsory nature of post-natal leave for a period of at least six weeks after the actual day of confinement. The Committee recalls that the minimum compulsory period of post-natal leave provided by the Convention is a protective measure intended to prevent a woman from resuming work as a result of pressure or with a view to material advantage before the expiry of the statutory period of leave to the detriment of her health and that of her child. Against this background, the Committee asks the Government to indicate whether the return to work of a woman following maternity leave is conditional upon the permission of a medical practitioner. Should this be the case, please indicate whether this permission to resume work may be given to a woman before the expiry of her maternity leave and whether employers are prohibited from employing a woman during her post-natal leave. Please provide copies of the relevant laws and regulations.

The Committee would also appreciate receiving precise information on the following points:

–           the scope of coverage of the categories of women workers under the social security legislation and the Labour Code, including for example home workers, domestic workers, seasonal workers, part-time workers, short-term workers, etc. (Article 1);

–           the legislation governing cash and medical benefits, including the rate of cash benefits and the type of medical care provided (Article 4);

–           the payment of benefits out of social assistance funds for women workers who fail to qualify for maternity benefits under the social insurance system (Article 4(5)); and

–           the manner in which the Convention is applied in practice, including information regarding the number and the nature of inspections carried out and contraventions reported (Part V of the report form).