Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Maternity Protection Convention (Revised), 1952 (No. 103) - Uzbekistan (Ratification: 1992)

Article 4(4) and (8) of the Convention. Financing of maternity benefits. The Committee notes the indication provided by the Government in its report that, in accordance with section 1 of the Regulations of the Minister of Labour and Social Protection of the Population No. 1136 of 8 May 2002 “On the procedure for the entitlement and payment of benefits from state social insurance”, maternity benefits are paid by the extrabudgetary Pension Fund. The Committee also observes that, as per section 24 of the Decree of the President of the Republic of Uzbekistan No. PP-1245 of 22 December 2009 “On the forecast of main macroeconomic indicators and parameters of the state budget of the Republic of Uzbekistan for 2010”, the payment of maternity benefits to working women is assumed by employers. The Committee further observes that this provision is valid until 1 January 2020, according to section 42 of the Decree of the President of the Republic of Uzbekistan No. PP-4086 of 26 December 2018 “On the forecast of major macroeconomic indicators and parameters of the state budget of the Republic of Uzbekistan for 2019 and budget guidelines for 2020–2021”. Recalling that Article 4(4) and (8) of the Convention require maternity cash benefits to be provided either by means of compulsory social insurance or by means of public funds, and provide that employers shall in no case be individually liable for the cost of such benefits due to women employed by them, the Committee requests the Government to clarify whether maternity cash benefits are provided pursuant to the 2002 Regulations or the 2009 and 2018 Decrees of the President, and to supply more detailed information on the financing of such benefits.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which the Maternity Protection Convention (Revised), 1952 (No. 103), is in force should be encouraged to ratify the more recent Maternity Protection Convention, 2000 (No. 183) (see GB.328/LILS/2/1). The Maternity Protection Convention, 2000 (No. 183), reflects the more modern approach to maternity protection when addressing issues of health protection, maternity leave, maternity benefits, employment protection and non discrimination of employed women. Ratification of the Maternity Protection Convention, 2000 (No. 183), will involve the automatic denunciation of the outdated Maternity Protection Convention (Revised), 1952 (No. 103). The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying the Maternity Protection Convention, 2000 (No. 183), as the most up-to-date instrument in this subject area.