Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre la protección de la maternidad (revisado), 1952 (núm. 103) - Mongolia (Ratificación : 1969)

Article 3(2) and (3) of the Convention. Compulsory leave after confinement. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the compulsory period of post-natal maternity leave of not less than six weeks is established in the national legislation, in line with Article 3(2) and (3) of the Convention.

The Committee notes with interest that, pursuant to section 137 of the new Labour Act adopted on 2 July 2021, a pregnancy and maternity leave of 120 days is mandatory for women workers. The Committee however notes that section 137 does not specify a mandatory period of compulsory leave after the delivery. Recalling that, by virtue of Article 3(2) and (3) of the Convention, the period of maternity leave must include a period of compulsory leave after delivery of at least 6 weeks, the Committee requests the Government to confirm that, under the new Labour Code, the compulsory maternity leave to which a woman protected under the Convention is entitled will in no case lapse less than 6 weeks after delivery.

Article 4(2) and (5). Adequate benefits out of social assistance funds. In its previous comments, the Committee requested the Government to supply information on maternity cash benefits provided to women regardless of their insurance coverage.

The Committee notes that section 5 of the Act on Allowances for Mothers and Fathers and Families with Many Children of 30 June 2017 provides for allowances to pregnant women from the fifth month of pregnancy until the birth of a child and allowances for children under 3 years old. The amount of these allowances is determined by the Government (section 7.1 of the Act of 30 June 2017). In this respect, the Committee notes the indication by the Government in its report that, in 2018, the amount of allowances provided to pregnant women was equal to MNT 40.000 per month (approximately USD16,5), whereas the amount of allowances provided to mothers with children up to 3 years old amounted to MNT 50.000 (approximately USD20,6). The Committee however observes that the minimum subsistence levels fixed for one person, the same year, based on the monetary value of a basket comprised of food and non-food items necessary for a person to meet his/her basic needs, were much higher than these allowances. Indeed, in 2018, the lowest minimum subsistence level was MNT 174 000 (approximately USD71,7) in Eastern Mongolia and the highest corresponded to MNT 198 600 (approximately USD81,8) in Ulaanbaatar (according to the data of the National Statistics Office of Mongolia).

In this regard, the Committee recalls that, pursuant to Article 4(2) of the Convention, the rates of cash benefit shall be fixed by national laws or regulations so as to ensure benefits sufficient for the full and healthy maintenance of a mother and her child in accordance with a suitable standard of living. In view of the above, the Committee requests the Government to supply information on any additional benefits provided to women who do not qualify for social insurance maternity benefits that are sufficient to provide for full and healthy maintenance, and in respect of their children, to ensure that the requirements of Article 4(2) of the Convention are met, and in any event, to ensure that their income during maternity leave does not fall below the minimum subsistence level.

Article 4(3). Maternity medical care benefits. The Committee previously requested the Government to indicate the legislative provisions which specify the nature and scope of prenatal medical care, care during confinement and post-natal care to which women workers covered by the Convention are entitled.

The Committee notes that, pursuant to section 9.2.13 of the Act on Health Insurance of 29 January 2015, medical care related to pregnancy, confinement, and post-natal period is included in a set of medical care benefits provided under the compulsory health insurance. The Committee further notes that, by virtue of section 24.6.1 of the Act on Health Care of 5 November 2011, the State covers expenses related to maternity medical care benefits. The Committee welcomes the adoption of a number of national programs, including the National Strategy to Improve Maternal and Child Health for 2017-2021 and the National Program “Early Essential Newborn Care Strategy” for 2014-2020, which aim, among other objectives, at improving the quality and accessibility of maternity and child medical care. The Committee encourages the Government to maintain its efforts and to continue taking concrete measures to ensure the due provision of pre-natal, confinement and post-natal medical care, in line with Article 4(3) of the Convention. The Committee requests the Government to provide information on the implementation of the above-mentioned programmes and on the objectives attained, in view of the requirements of Article 4(3) of the Convention.

Article 6. Dismissal. The Committee previously noted that section 100 of the Labour Act of 1999 authorized the termination of employment of a pregnant woman or of a woman with a child under 3 years of age in a number of determined cases of serious fault. In this regard, the Committee recalled that the Convention provides for an absolute prohibition for the employer to give a woman notice of dismissal during the period of maternity leave, or at such time that the notice would expire during such absence.

The Committee notes that section 135 of the new Labour Act of 2 July 2021 contains provisions which are similar to section 100 of the Labour Act of 1999. The Committee therefore reiterates its request to the Government to take the necessary measures to ensure that the national legislation prohibits the termination of employment by the employer during the period of maternity leave, to give full effect to Article 6 of the Convention.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government regarding implementation in practice of the legislation on maternity protection. The Committee requests the Government to continue to provide information on implementation, including statistical data on the total number of women receiving maternity benefits as well as the total amount of benefits paid on an annual basis

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 Convention 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.