Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 183) sur la protection de la maternité, 2000 - Mali (Ratification: 2008)

Article 4(4) of the Convention. Compulsory maternity leave. In its previous comments, the Committee noted that, under sections L.179 and L.180 of the Labour Code, women workers were entitled to 14 weeks’ maternity leave, including seven consecutive weeks of compulsory leave, starting three weeks before the presumed date of childbirth and four weeks of compulsory post-natal leave. Noting that, in accordance with Article 4(4) of the Convention, maternity leave must include a period of six weeks’ compulsory leave after childbirth, unless otherwise agreed at the national level by the government and the representative organizations of employers and workers, the Committee requested the Government to indicate whether the national representative organizations of employers and workers were consulted on the provisions of the Labour Code concerning the duration of compulsory post-natal leave.

The Committee notes the indication in the Government’s report that during the preparation and adoption of the Labour Code, the most representative organizations of employers and workers were consulted in the context of tripartite meetings and the Higher Labour Council. In addition, the Government indicates that in practice, the period of post-natal maternity leave is generally more than six weeks. The Committee duly notes this information.

Article 8(2). Right to return to work. The Committee previously requested the Government to indicate how national legislation guarantees women workers the right to return to the same position or an equivalent position paid at the same rate at the end of their maternity leave.

The Committee notes the details provided by the Government in this regard, indicating that, in accordance with section L.34 of the Labour Code, maternity leave constitutes a suspension of the employment contract at the end of which a woman worker returns to the same position or an equivalent position paid at the same rate at the end of their maternity leave. The Committee duly notes this information.