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Maternity Protection Convention 1952 劳动保健 法律 政策法规
C183 Maternity Protection Convention, 2000
C183 Maternity Protection Convention,
2000
Convention concerning the revision of the Maternity Protection Convention
(Revised), 1952 (Note: Date of coming into force:07:02:2002.)
Convention:C183
Place:Geneva
Session of the Conference:88
Date of adoption:15:06:2000
Subject classification: Maternity Benefit
Subject classification: Maternity Protection
Subject: Maternity Protection
See the ratifications for this Convention
Status: Up-to-date instrument This Convention was adopted after 1985 and is
considered up to date.
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its 88th Session on 30 May 2000, and
Noting the need to revise the Maternity Protection Convention (Revised), 1952,
and the Maternity Protection Recommendation, 1952, in order to further promote
equality of all women in the workforce and the health and safety of the mother
and child, and in order to recognize the diversity in economic and social
development of Members, as well as the diversity of enterprises, and the
development of the protection of maternity in national law and practice, and
Noting the provisions of the Universal Declaration of Human Rights (1948), the
United Nations Convention on the Elimination of All Forms of Discrimination
Against Women (1979), the United Nations Convention on the Rights of the Child
(1989), the Beijing Declaration and Platform for Action (1995), the
International Labour Organization's Declaration on Equality of Opportunity and
Treatment for Women Workers (1975), the International Labour Organization's
Declaration on Fundamental Principles and Rights at Work and its Follow-up
(1998), as well as the international labour Conventions and Recommendations
aimed at ensuring equality of opportunity and treatment for men and women
workers, in particular the Convention concerning Workers with Family
Responsibilities, 1981, and
Taking into account the circumstances of women workers and the need to provide
protection for pregnancy, which are the shared responsibility of government and
society, and
Having decided upon the adoption of certain proposals with regard to the
revision of the Maternity Protection Convention (Revised), 1952, and
Recommendation, 1952, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international
Convention;
adopts this fifteenth day of June of the year two thousand the following
Convention, which may be cited as the Maternity Protection Convention, 2000.
SCOPE
Article 1
For the purposes of this Convention, the term woman applies to any female person
without discrimination whatsoever and the term child applies to any child
without discrimination whatsoever.
Article 2
1. This Convention applies to all employed women, including those in atypical
forms of dependent work.
2. However, each Member which ratifies this Convention may, after consulting the
representative organizations of employers and workers concerned, exclude wholly
or partly from the scope of the Convention limited categories of workers when
its application to them would raise special problems of a substantial nature.
3. Each Member which avails itself of the possibility afforded in the preceding
paragraph shall, in its first report on the application of the Convention under
article 22 of the Constitution of the International Labour Organization, list
the categories of workers thus excluded and the reasons for their exclusion. In
its subsequent reports, the Member shall describe the measures taken with a view
to progressively extending the provisions of the Convention to these categories.
HEALTH PROTECTION
Article 3
Each Member shall, after consulting the representative organizations of
employers and workers, adopt appropriate measures to ensure that pregnant or
breastfeeding women are not obliged to perform work which has been determined by
the competent authority to be prejudicial to the health of the mother or the
child, or where an assessment has established a significant risk to the mother's
health or that of her child.
MATERNITY LEAVE
Article 4
1. On production of a medical certificate or other appropriate certification, as
determined by national law and practice, stating the presumed date of
childbirth, a woman to whom this Convention applies shall be entitled to a
period of maternity leave of not less than 14 weeks.
2. The length of the period of leave referred to above shall be specified by
each Member in a declaration accompanying its ratification of this Convention.
3. Each Member may subsequently deposit with the Director-General of the
International Labour Office a further declaration extending the period of
maternity leave.
4. With due regard to the protection of the health of the mother and that of the
child, maternity leave shall include a period of six weeks' compulsory leave
after childbirth, unless otherwise agreed at the national level by the
government and the representative organizations of employers and workers.
5. The prenatal portion of maternity leave shall be extended by any period
elapsing between the presumed date of childbirth and the actual date of
childbirth, without reduction in any compulsory portion of postnatal leave.
LEAVE IN CASE OF ILLNESS OR COMPLICATIONS
Article 5
On production of a medical certificate, leave shall be provided before or after
the maternity leave period in the case of illness, complications or risk of
complications arising out of pregnancy or childbirth. The nature and the maximum
duration of such leave may be specified in accordance with national law and
practice.
BENEFITS
Article 6
1. Cash benefits shall be provided, in accordance with national laws and
regulations, or in any other manner consistent with national practice, to women
who are absent from work on leave referred to in Articles 4 or 5.
2. Cash benefits shall be at a level which ensures that the woman can maintain
herself and her child in proper conditions of health and with a suitable
standard of living.
3. Where, under national law or practice, cash benefits paid with respect to
leave referred to in Article 4 are based on previous earnings, the amount of
such benefits shall not be less than two-thirds of the woman's previous earnings
or of such of those earnings as are taken into account for the purpose of
computing benefits.
4. Where, under national law or practice, other methods are used to determine
the cash benefits paid with respect to leave referred to in Article 4, the
amount of such benefits shall be comparable to the amount resulting on average
from the application of the preceding paragraph.
5. Each Member shall ensure that the conditions to qualify for cash benefits can
be satisfied by a large majority of the women to whom this Convention applies.
6. Where a woman does not meet the conditions to qualify for cash benefits under
national laws and regulations or in any other manner consistent with national
practice, she shall be entitled to adequate benefits out of social assistance
funds, subject to the means test required for such assistance.
7. Medical benefits shall be provided for the woman and her child in accordance
with national laws and regulations or in any other manner consistent with
national practice. Medical benefits shall include prenatal, childbirth and
postnatal care, as well as hospitalization care when necessary.
8. In order to protect the situation of women in the labour market, benefits in
respect of the leave referred to in Articles 4 and 5 shall be provided through
compulsory social insurance or public funds, or in a manner determined by
national law and practice. An employer shall not be individually liable for the
direct cost of any such monetary benefit to a woman employed by him or her
without that employer's specific agreement except where:
(a) such is provided for in national law or practice in a member State prior to
the date of adoption of this Convention by the International Labour Conference;
or
(b) it is subsequently agreed at the national level by the government and the
representative organizations of employers and workers.
Article 7
1. A Member whose economy and social security system are insufficiently
developed shall be deemed to be in compliance with Article 6, paragraphs 3 and
4, if cash benefits are provided at a rate no lower than a rate payable for
sickness or temporary disability in accordance with national laws and
regulations.
2. A Member which avails itself of the possibility afforded in the preceding
paragraph shall, in its first report on the application of this Convention under
article 22 of the Constitution of the International Labour Organization, explain
the reasons therefor and indicate the rate at which cash benefits are provided.
In its subsequent reports, the Member shall describe the measures taken with a
view to progressively raising the rate of benefits.
EMPLOYMENT PROTECTION AND NON-DISCRIMINATION
Article 8
1. It shall be unlawful for an employer to terminate the employment of a woman
during her pregnancy or absence on leave referred to in Articles 4 or 5 or
during a period following her return to work to be prescribed by national laws
or regulations, except on grounds unrelated to the pregnancy or birth of the
child and its consequences or nursing. The burden of proving that the reasons
for dismissal are unrelated to pregnancy or childbirth and its consequences or
nursing shall rest on the employer.
2. A woman is guaranteed the right to return to the same position or an
equivalent position paid at the same rate at the end of her maternity leave.
Article 9
1. Each Member shall adopt appropriate measures to ensure that maternity does
not constitute a source of discrimination in employment, including -
notwithstanding Article 2, paragraph 1 - access to employment.
2. Measures referred to in the preceding paragraph shall include a prohibition
from requiring a test for pregnancy or a certificate of such a test when a woman
is applying for employment, except where required by national laws or
regulations in respect of work that is:
(a) prohibited or restricted for pregnant or nursing women under national laws
or regulations; or
(b) where there is a recognized or significant risk to the health of the woman
and child.
BREASTFEEDING MOTHERS
Article 10
1. A woman shall be provided with the right to one or more daily breaks or a
daily reduction of hours of work to breastfeed her child.
2. The period during which nursing breaks or the reduction of daily hours of
work are allowed, their number, the duration of nursing breaks and the
procedures for the reduction of daily hours of work shall be determined by
national law and practice. These breaks or the reduction of daily hours of work
shall be counted as working time and remunerated accordingly.
PERIODIC REVIEW
Article 11
Each Member shall examine periodically, in consultation with the representative
organizations of employers and workers, the appropriateness of extending the
period of leave referred to in Article 4 or of increasing the amount or the rate
of the cash benefits referred to in Article 6.
IMPLEMENTATION
Article 12
This Convention shall be implemented by means of laws or regulations, except in
so far as effect is given to it by other means such as collective agreements,
arbitration awards, court decisions, or in any other manner consistent with
national practice.
FINAL PROVISIONS
Article 13
This Convention revises the Maternity Protection Convention (Revised), 1952.
Article 14
The formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
Article 15
1. This Convention shall be binding only upon those Members of the International
Labour Organization whose ratifications have been registered with the
Director-General of the International Labour Office.
2. It shall come into force 12 months after the date on which the ratifications
of two Members have been registered with the Director-General. 3. Thereafter,
this Convention shall come into force for any Member 12 months after the date on
which its ratification has been registered.
Article 16
1. A Member which has ratified this Convention may denounce it after the
expiration of ten years from the date on which the Convention first comes into
force, by an act communicated to the Director-General of the International
Labour Office for registration. Such denunciation shall not take effect until
one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the
year following the expiration of the period of ten years mentioned in the
preceding paragraph, exercise the right of denunciation provided for in this
Article, will be bound for another period of ten years and, thereafter, may
denounce this Convention at the expiration of each period of ten years under the
terms provided for in this Article.
Article 17
1. The Director-General of the International Labour Office shall notify all
Members of the International Labour Organization of the registration of all
ratifications and acts of denunciation communicated by the Members of the
Organization.
2. When notifying the Members of the Organization of the registration of the
second ratification, the Director-General shall draw the attention of the
Members of the Organization to the date upon which the Convention shall come
into force.
Article 18
The Director-General of the International Labour Office shall communicate to the
Secretary-General of the United Nations, for registration in accordance with
article 102 of the Charter of the United Nations, full particulars of all
ratifications and acts of denunciation registered by the Director-General in
accordance with the provisions of the preceding Articles.
Article 19
At such times as it may consider necessary, the Governing Body of the
International Labour Office shall present to the General Conference a report on
the working of this Convention and shall examine the desirability of placing on
the agenda of the Conference the question of its revision in whole or in part.
Article 20
1. Should the Conference adopt a new Convention revising this Convention in
whole or in part, then, unless the new Convention otherwise provides:
(a) the ratification by a Member of the new revising Convention shall ipso jure
involve the immediate denunciation of this Convention, notwithstanding the
provisions of Article 16 above, if and when the new revising Convention shall
have come into force;
(b) as from the date when the new revising Convention comes into force, this
Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and
content for those Members which have ratified it but have not ratified the
revising Convention.
Article 21
The English and French versions of the text of this Convention are equally
authoritative.
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Maternity Protection Convention
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Maternity Protection Convention Recommendation 1952
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