Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

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

Article 2, in relation to Article 4, paragraph 3, of the Convention. The Committee notes from the Government's report that medical care for all Zambians in public medical institutions is free of charge. It also notes that, under section 2(a) and (b) and the First Schedule of the Medical Practitioners and Dental Surgeons (Fees) Rules, 1988, non-Zambians are required to pay fees for attendance at both private and public health institutions. The Committee would observe that Article 2 of the Convention lays down the principle of non-discrimination with respect to all women workers in the event of maternity and prohibits exemption on the basis of nationality in particular.

Article 3, paragraph 5. The Committee notes from the Government's report that there has been no practical problem in the application of this provision of the Convention. In its previous comments the Committee noted that section 54 of the Employment Act made the right to additional leave in cases of illness arising out of pregnancy conditional on a minimum length of employment (one month of continuous employment). It recalls in this connection that the Convention makes no mention of a minimum duration of employment for eligibility to such leave, any condition of the kind provided for by the national legislation thus being incompatible with the Convention. The Committee therefore hopes that the Government will not fail to take the necessary measures in order to bring the national legislation into conformity with the national practice and with the Convention.

Article 4, paragraphs 4 and 8. The Committee notes from the report of the Government that, in addition to the wages paid by the employer during maternity leave, a woman is entitled to a maternity grant after confinement, paid by the National Provident Fund. It has noted from the Government's previous report that the employer is liable for the full wages to which a woman is entitled during her maternity leave, contrary to these provisions of the Convention which stipulate that cash benefits should be provided either by means of compulsory social insurance or by means of public funds. The Committee once again asks the Government to indicate, in its next report, any measures taken or envisaged to ensure the application of the Convention on this point, in the light of the provisions that the employer should in no case be personally liable for the cost of benefits due to women employed by him.

Article 6. The Committee notes the position of the Government concerning the application of this Article. It asks the Government to provide, in its next report, information concerning the practical application of this Article, including, for instance, courts' decisions, extracts from official reports, information on the number and nature of the contraventions reported and any other relevant particulars.

Furthermore, the Committee notes that the Government's report contains no new information in respect of the other points raised in its previous request. It therefore wishes once again to draw the attention of the Government to the following:

Article 3, paragraph 1. Section 15 A(1), of the Employment Act requires two years of employment before a woman employee has the right to maternity leave. Since this type of condition is contrary to this provision of the Convention, the Committee would be grateful if the Government would take the measures necessary to bring the legislation into full conformity with the Convention on this point.

Article 3, paragraphs 2 and 3. The Committee requests the Government to take the measures necessary to ensure that, in conformity with these paragraphs, the length of leave which must be taken after confinement is determined by national legislation.

Article 3, paragraph 4. The Committee requests the Government to take the measures necessary to ensure the application of this provision of the Convention.

Article 3, paragraph 6. The Committee would be grateful if the Government would indicate how effect is given to this paragraph, which provides for the extension of leave after confinement in cases of illness arising out of the confinement. In this connection, the Committee notes that section 15 A(3) of the Employment Act refers only to illness resulting from pregnancy.

Article 4, paragraphs 6 and 7. The Committee would be grateful if the Government would indicate in what manner, and under what legislation, effect is given to these paragraphs.

Article 5, paragraph 1. The Committee requests the Government to take the measures necessary to ensure that national legislation guarantees the application of this provision of the Convention.

Article 5, paragraph 2. The Committee notes that neither the national legislation nor the collective agreements communicated by the Government contain clauses regulating the conditions under which interruptions of work for the purpose of nursing are to be counted as working hours and remunerated accordingly. It therefore requests the Government to take the measures necessary to ensure the application of this provision of the Convention.