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

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

Article 3(3) of the Convention. Compulsory leave after confinement. The Committee notes with interest the enactment of the Employment Code Act, No. 3 of 2019, as indicated by the Government in its report. It notes in particular that section 41 of this Act provides that the women covered are entitled to a 14 weeks’ maternity leave period, of which six must be taken immediately after delivery. The Committee observes that section 42 of the same Act provides that “A female employee shall not resume work within six weeks of the date of the delivery” unless “a medical doctor certifies that the employee is fit to resume work”. Recalling that Article 3(3) of the Convention requires that a compulsory six-week postnatal leave should be prescribed by national law or regulation, the Committee requests the Government to indicate whether all women protected by the Convention have the right to a maternity leave period of six weeks after childbirth that is compulsory, without regard to medical certification of fitness to return to work prior to that period.

Article 4(3). Medical benefits. With reference to its previous request to the Government to provide a more detailed description of the establishment of a National Social Health Insurance, the Committee notes with interest that the Government indicates that progress has been made, and to that effect, that the National Social Health Insurance Act, 2018 has been enacted. Among others, the Act establishes the National Health Insurance Scheme and Fund. The Committee notes that the Government indicates that the Act provides for the sound financing of the national health system and “universal access to quality insured health care services”, so that maternal and child health services are free in all public health institutions. The Committee further notes the information provided by the Government concerning the progress made in the achievement of the Millennium Development Goal Initiative (MDGi), a programme funded by the European Union (EU), aiming to accelerate the reduction of maternal, neonatal and child mortality in Zambia, targeting 11 districts of Copperbelt and Lusaka Provinces. The Committee welcomes the information provided and requests the Government to continue providing information on progress made in provision of prenatal, confinement and postnatal care, in particular regarding efforts made with a view to reducing maternal and child mortality.

Article 6. Protection against dismissal. With reference to its previous comments in which the Committee requested the Government to take legislative measures with a view to strengthening employment protection for women on maternity leave by prohibiting dismissal or notice of dismissal during that period, the Committee notes with interest the information provided by the Government about the new Employment Code Act, No. 3 of 2019, which provides protection for female employees against arbitrary dismissal during pregnancy (section 43). The Committee notes more particularly that section 43 provides that an employer shall not terminate the employment relationship, impose any penalty or disadvantage the employee, or adversely change a condition of employment in respect of that employee as a result of an employee’s pregnancy or maternity leave. The Committee takes due note of this information.

Application of the Convention in practice. In its previous comments, the Committee requested the Government to invite the Human Rights Commission in charge of monitoring the application of international instruments ratified by Zambia, to undertake a study on the application of the Convention in Zambia with a view to identifying the gaps in its practical implementation and plan corresponding measures to address these. The Committee notes with interest that the Government provides detailed information regarding the survey undertaken by the Human Rights Commission on the application of the Convention in Zambia. The Committee notes that the study of the Human Rights Commission found that, regarding Article 3 of the Convention, all firms surveyed granted pregnant and breastfeeding women maternity leave, with 93.3 per cent granting maternity leave of 14 weeks or more, and only 6.7 per cent granting leave of less than 14 weeks. On the other hand, the Committee notes that 35.6 per cent of the firms did not provide for the compulsory six weeks’ postnatal leave. In addition, the survey findings indicated that 73.3 per cent of the firms granted free leave days before or after the maternity leave period in case of illness, complications or risk of complications arising out of pregnancy or childbirth. However, the survey found that only 26.7 per cent of the firms provided some forms of cash benefits during maternity leave and 73.3 per cent did not (Article 4 of the Convention). Furthermore, the majority (71.1 per cent) of the firms surveyed did not provide one or more daily breaks or a daily reduction of hours of work to women for breastfeeding (Article 5 of the Convention). The Committee welcomes the provision of this detailed information and requests the Government to continue providing statistical information, as far as possible, regarding the application of the Convention in practice. The Committee further requests the Government to report measures taken to improve the application of the Convention, particularly with a view to increasing: the number of firms that provide for a compulsory six weeks’ postnatal leave (Article 3 of the Convention); the number of firms that provide benefits during maternity leave (Article 4); and the number of firms that provide one or more daily breaks to women nursing their children (Article 5).