Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 3) sur la protection de la maternité, 1919 - Panama (Ratification: 1958)

The Committee notes the Government’s reply to its observation of 2009 on Articles 1, 3 and 4 of the Convention.

Article 3(c). Maternity benefits provided to women who do not meet the conditions for entitlement under social insurance. The Committee observes that under section 146 of Organic Act No. 51, the Basic Social Security Fund Act, in order to receive the maternity benefit, fund members must have paid into their individual accounts a minimum of nine monthly quotas in the 12 months preceding the seventh month of pregnancy. For women workers who are not eligible for social security benefits, section 107 of the Labour Code provides that payment of the maternity benefit is to be covered by the employer. The Committee observes, however, that Act No. 51 establishes a “compensation” mechanism (section 1(14)) under which an “economic benefit” is to be provided in a single payment where the requirements for the grant of a pension for the corresponding risk are not met (see provisions on invalidity benefit (section 165) and old-age benefit (section 171)). That being so, the Committee requests the Government to consider the possibility of extending the “compensation” mechanism to pregnant women who do not meet the legal requirements for grant of the maternity benefit by the Social Security Fund, so as to relieve employers of the obligation to cover directly the costs of the benefits due to women they employ.

Article 3(d). Nursing breaks. The Committee observes that section 114 of the Labour Code gives women workers nursing their children the choice between 15 minute breaks every three hours or two half-hour breaks a day. The Committee notes that the Government stated previously that the first option was in practice seldom used, and states in its 2010 report that studies may be conducted to establish which of the two options is the most feasible for women workers in practice. The Committee reminds the Government that in earlier observations, it proposed including a provision in section 114 allowing for working women who are nursing their children a reduction in working time instead of the choice between 15-minute breaks every three hours or two half-hour breaks. The Committee accordingly asks the Government to adopt appropriate measures in the near future to enable nursing mothers to exercise this right in practice.