Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Maternity Protection Convention, 1919 (No. 3) - Colombia (Ratification: 1933)

1. Article 3(a), (b) and (c) of the Convention. In reply to the Committee's previous comments, the Government indicates that the Ministry of Labour has prepared a Bill to approve the Maternity Protection Convention (Revised), 1952 (No. 103), which will amend section 236 of the Labour Code in order to increase the length of maternity leave up to 12 weeks. It adds, however, that in order to take into account the economic and social situation of the country and to avoid these measures prejudicing the participation of women on the labour market, it is proposed in the Bill that maternity benefits will start to be paid once Convention No. 103 comes into force, and that the benefits will be paid progressively, being extended by one week each year, until they attain 12 weeks. Finally, the Government states that it is envisaged that section 19 of Legislative Decree No. 3135 of 1968 will be amended together with section 33 of Decree No. 1848 of 1969, which is applicable to women workers in the public sector.

The Committee notes this information. It is bound, however, to remind the Government that the current legislation does not give full effect to Convention No. 3, which has been ratified by Colombia for more than 50 years, since no measure has yet been taken to bring section 236 of the Labour Code, and section 33 of Decree No. 1848 of 1969 into conformity with Article 3(a), (b) and (c) of the Convention. This legislation provides for maternity leave of eight weeks in all, whereas Article 3(a) and (b) provide that a woman may not be permitted to work during a period of six weeks after confinement and must have the right to leave her work on production of a medical certificate stating that her confinement will probably take place within six weeks. Furthermore, it follows from Article 3(c) that pre-natal leave should be extended when confinement takes place after the estimated date.

Given the importance of this question, which has been the subject of its observations for many years, the Committee trusts that the Government will be able to adopt the necessary measures in the near future to amend section 236 of the Labour Code and section 33 of Decree No. 1848 of 1969 in the manner indicated above. It also hopes that the Government will make every effort to amend section 16(b) of Decree No. 770 of 1975, relating to health and maternity insurance, so as to align the duration of maternity benefits with that of leave.

2. The Committee notes the information supplied by the Government as regards the territorial extension of the social security scheme. It also notes the information supplied by the Government in its reports on Conventions Nos. 12 and 17 concerning the same question, which illustrate, in particular, the progress achieved in extending the social security scheme and which report the Government's intention to cover the whole of the territory so as to extend social security to all the inhabitants in the country, as set out in the legislation. The Committee hopes that the Government will continue to supply information on any further territorial extension of the social security scheme. [The Government is asked to supply full particulars to the Conference at its 77th Session and to report in detail for the period ending 30 June 1990.]