On the Ratification of the Convention on the Revision of the 1952 Convention on Maternity Protection

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The Law of the Republic of Kazakhstan dated February 14, 2012 No. 554-IV.

To ratify the Convention on the Revision of the 1952 Convention on Maternity Protection, adopted in Geneva by the 88th session of the General Conference of the International Labour Organization on June 15, 2000.

President

Republic of Kazakhstan

N. NAZARBAYEV

INTERNATIONAL LABOUR CONFERENCE CONVENTION 183 Convention on the Revision of the Convention (revised) 1952 Convention on Maternity Protection, adopted at the eighty-eighth session of the Conference, Geneva, 15 June 2000

authentic text

The General Conference of the International Labour Organization,

Convened in Geneva by the Governing Body of the International Labour Office and meeting on 30 May 2000 for its 88th session,

Noting the need to revise the Convention (revised) and the 1952 Recommendation on Maternity Protection in order to further promote the equality of all women in the world of work, as well as the health and safety of mother and child, thereby recognizing the differences in the levels of economic and social development of the Member States, as well as the diverse nature of enterprises and differences in the levels of maternity rights provided for in national legislation and practice,

Noting the provisions of the Universal Declaration of Human Rights (1948), the UN Convention on the Elimination of All Forms of Discrimination against Women (1979), the UN Convention on the Rights of the Child (1989), the Beijing Declaration and Platform for Action (1995), the Declaration of the International Labour Organization on Equal Opportunities and Treatment for Women Workers (1975), the Declaration of the International Labour Organization on Fundamental Principles and Rights at Work and the Mechanism for its Implementation (1998), as well as international labour conventions and recommendations, aimed at ensuring equal opportunities and treatment for women and men workers, in particular the 1981 Convention on Workers with Family Responsibilities,

Taking into account the situation of women workers and the need to ensure pregnancy protection, which is a shared responsibility of Governments and society,

Having decided to adopt a number of proposals for the revision of the Convention (revised) and the 1952 Recommendation on Maternity Protection, which is the fourth item on the agenda of the session, and

Having decided to give these proposals the form of an international convention,

Adopts on this fifteenth day of June of the two thousandth year the following Convention, which may be referred to as the Maternity Protection Convention, 2000.

SCOPE OF ACTION

Article 1

For the purposes of this Convention, the term "woman" means any person of the female sex, without discrimination of any kind, and the term "child" means any child without discrimination of any kind.

Article 2

1. This Convention applies to all women employees, including women engaged in atypical forms of dependent work.

2. After consultation with the representative organizations of the employers and workers concerned, each Member State that ratifies this Convention may, however, exclude, in whole or in part, limited categories of workers from the scope of this Convention if its application to them leads to special problems of a significant nature.

3. Each Member State availing itself of the facilities provided for in the preceding paragraph shall list in its first report on the application of this Convention, submitted in accordance with Article 22 of the Constitution of the International Labour Organization, the categories of workers thus excluded and the reasons for their exclusion. In its subsequent reports, the Member State describes the measures it has taken to gradually extend the scope of the provisions of this Convention to these categories.

HEALTH PROTECTION

Article 3

After consultation with representative employers' and workers' organizations, each Member State shall take appropriate measures to ensure that pregnant women or nursing mothers do not have to perform work that, according to the definition of the competent authorities, is harmful to the health of the mother or child, or, according to available estimates, poses a significant risk to the health of the mother or her child. the child.

MATERNITY LEAVE

Article 4

1. Upon presentation of a medical certificate or after other appropriate verification provided for by national legislation and practice certifying the expected date of delivery, a woman to whom this Convention applies is entitled to maternity leave of at least 14 weeks.

2. The above-mentioned length of leave is indicated by each Member State in the declaration accompanying the ratification of this Convention.

3. Each Member State may subsequently submit to the Director-General of the International Labour Office a new declaration on the extension of maternity leave.

4. Taking into account the need to protect the health of the mother and child, maternity leave includes a mandatory period of six weeks after the birth of the child, unless otherwise agreed at the national level between the Government and representative organizations of employers and workers.

5. The part of maternity leave preceding childbirth is extended for a period equal to the period elapsed between the expected date of delivery and the actual date of delivery, without reducing the duration of any part of the mandatory postpartum leave.

VACATION IN CASE OF ILLNESS OR COMPLICATIONS

Article 5

Upon presentation of a medical certificate, additional leave is granted before or after the period of maternity leave, in case of illness, complications or danger of complications caused by pregnancy or childbirth. The nature and maximum duration of such leave may be determined in accordance with national legislation and practice.

BENEFITS

Article 6

1. In accordance with national legislation or in any other way consistent with national practice, women who are absent from work due to leave referred to in articles 4 or 5 are provided with cash benefits.

2. Monetary allowances are set at such a level that a woman can support herself and her child in conditions worthy from a sanitary and hygienic point of view and have an adequate standard of living.

3. If, in accordance with national legislation or practice, the calculation of monetary benefits paid in connection with the leave referred to in article 4 is based on previous earnings, the amount of such monetary benefits shall be set at the level of at least two thirds of the woman's previous earnings or those of her earnings that are taken into account when calculating benefits.

4. If, in accordance with national legislation or practice, other methods are used to determine the amount of monetary benefits payable in connection with the leave referred to in article 4, the amount of such benefits shall be determined on average at the level of the amount received when applying the provisions of the preceding paragraph.

5. Each Member State shall ensure that the conditions for entitlement to cash benefits can be satisfied by a significant majority of women falling within the scope of this Convention.

6. If a woman does not meet the conditions that entitle her to monetary benefits established in accordance with national legislation or in any other way consistent with national practice, she is entitled to adequate benefits from social assistance funds, provided that the income verification required for the allocation of such assistance is carried out.

7. Medical care is provided to a woman and her child in accordance with national legislation or in any other way consistent with national practice. Medical care includes assistance before, during, and after childbirth, as well as if hospitalization is necessary.

8. In order to ensure the protection of women's position in the labour market, leave benefits referred to in articles 4 and 5 are paid from compulsory social insurance funds or from public funds, or in accordance with a procedure determined by national legislation and practice. The employer is not individually liable for the direct costs associated with the payment of any such monetary benefits to a woman employed by him or her, without explicit consent, except in cases where:

(a) This is provided for by the national legislation or practice of the Member State in force prior to the date of adoption of this Convention by the International Labour Conference; or

(b) This is the subject of an agreement reached at the national level between the Government and representative organizations of employers and workers.

Article 7

1. A Member State whose economy and social security system are underdeveloped shall be deemed to comply with the provisions of paragraphs 3 and 4 of Article 6 set out above if monetary benefits are paid in an amount not lower than the rates of benefits payable in case of illness or temporary disability established in accordance with national legislation.

2. A Member State availing itself of the opportunities provided for in the preceding paragraph shall explain in its first report on the application of this Convention, sent to it in accordance with Article 22 of the Constitution of the International Labour Organization, the reasons for this and indicate the amount of monetary benefits provided. In its subsequent reports, the Member State indicates what measures it has taken to gradually increase the amount of benefits.

JOB RETENTION AND NON-DISCRIMINATION

Article 8

1.The dismissal of a woman by an employer during her pregnancy or absence from work due to leave provided for in articles 4 or 5, or during the period after her return to work established by national legislation, is illegal, with the exception of dismissal for reasons unrelated to pregnancy or the birth of a child and the consequences of this, or with breastfeeding. The burden of proving that the reasons for dismissal are not related to pregnancy or childbirth and the consequences of this or to breastfeeding lies with the employer.

2. At the end of maternity leave, a woman is guaranteed the right to return to her previous or equivalent place of work with pay at the same rates.

Article 9

1. Each Member State shall take the necessary measures to ensure that pregnancy and childbirth do not give rise to discrimination in employment, including access to employment, regardless of the provisions of paragraph 1 of article 2.

2. The measures mentioned in the previous paragraph include the prohibition of requiring a pregnancy test or providing a certificate of such an analysis at the time of a woman's employment, except in cases where this is required by national legislation in relation to work:

(a) The performance of which is prohibited or restricted by national legislation by pregnant women or nursing mothers; or

b) which pose a significant recognized risk to the health of the woman and child.

NURSING MOTHERS

Article 10

1. A woman is granted the right to one or more breaks per day or a daily reduction in working hours to breastfeed her child.

2. The period during which breaks or daily shortening of working hours for breastfeeding are allowed, their number and duration, as well as the procedure for daily shortening of working hours are determined in accordance with national legislation and practice. These breaks or daily shortening of working hours are counted as working hours and are paid accordingly.

PERIODIC REVIEW

Article 11

Each Member State shall periodically examine, in consultation with the most representative employers' and workers' organizations, the appropriateness of extending the length of leave referred to in Article 4 and increasing the amount or rates of monetary benefits referred to in Article 6.

application

Article 12

This Convention is applied through legislation, except in cases where it is applied through other means such as collective agreements, arbitration orders, court decisions or in any other manner consistent with national practice.

FINAL PROVISIONS

Article 13

This Convention revises the Maternity Protection Convention (revised) of 1952.

Article 14

The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.

Article 15

1. This Convention shall be binding only on those member States of the International Labour Organization whose instruments of ratification have been registered by the Director General of the International Labour Office.

2. It shall enter into force 12 months after the date of registration by the Director General of the instruments of ratification of the two Member States of the Organization.

3. Subsequently, this Convention shall enter into force for each Member State 12 months after the date of registration of its instrument of ratification.

Article 16

1. Each Member State that has ratified this Convention may, after ten years from the date of its initial entry into force, denounce it by a declaration of denunciation addressed to the Director General of the International Labour Office for registration. The denunciation takes effect one year after the date of its registration.

2. For each Member State that has ratified this Convention and has not exercised the right of denunciation provided for in this article within one year of the expiration of the ten years specified in the preceding paragraph, the Convention shall remain in force for the next ten years and it may subsequently denounce it after the expiration of each decade in accordance with the procedure provided for in this article.

Article 17

1. The Director-General of the International Labour Office shall notify all Member States of the International Labour Organization of the registration of all ratifications and denunciations sent to him by the Member States of the Organization.

2. In notifying the Member States of the registration of the second instrument of ratification received by him, the Director-General shall draw their attention to the date of entry into force of this Convention.

Article 18

The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, comprehensive information on all ratifications and declarations of denunciation registered by him in accordance with the provisions of the preceding articles.

Article 19

In cases where the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and consider the desirability of including in the agenda of the Conference the issue of its revision in whole or in part.

Article 20

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise,:

(a) The ratification by any Member State of the new revising Convention shall automatically entail, notwithstanding the provisions of article 16 above, the immediate denunciation of this Convention, provided that the new revising Convention has entered into force.;

(b) From the date of entry into force of the new revising Convention, this Convention shall cease to be open for ratification by the Member States of the Organization.

2. In any case, this Convention remains in force in form and content for those Member States that have ratified it but have not ratified the revising convention.

Article 21

The English and French texts of this Convention are equally authentic.

This authentic text of the Convention was approved by the General Conference of the International Labour Organization at its eighty-eighth session, which was held in Geneva and signed at the close on June 15, 2000.

To prove this, we signed this document on June sixteenth, 2000.

Chairman of the Conference

Mario Alberto Flamarik

General manager

International Labour Office

Juan Somavia

The text of the Convention reproduced here is an authentic copy of the authentic text signed by the President of the International Labour Conference and the Director General of the International Labour Office.

The copy is authentic and complete in content.

For the CEO

International Labour Office

Janelle Diller

Legal Advisor

International Labour Organization

The Administrative Council

Statement(declaration)

In accordance with subparagraph 2 of article 4 of the Convention on the Revision of the 1952 Convention on Maternity Protection (Convention 183), I have the honor, on behalf of the Government of the Republic of Kazakhstan, to confirm that the duration of maternity leave in the Republic of Kazakhstan is 18 weeks (in case of complicated childbirth or the birth of two or more children - 20 weeks).

Minister of Labor and Social Protection

population of the Republic of Kazakhstan

G. Abdykalikova

List of States parties to ILO Convention No. 183

state

Date of ratification

status

Albania

24.07.2004

ratified

Austria

30.04.2004

ratified

Azerbaijan

29.10.2010

ratified

Belarus

10.02.2004

ratified

Belize

09.11.2005

ratified

Bosnia and Herzegovina

18.01.2010

ratified

Bulgaria

06.12.2001

ratified

Cuba

01.06.2004

ratified

Cyprus

12.01.2005

ratified

Hungary

04.11.2003

ratified

Italy

07.02.2001

ratified

Latvia

09.02.2009

ratified

Lithuania

23.09.2003

ratified

Luxembourg

08.04.2008

ratified

Mali

05.06.2008

ratified

Republic of Moldova

28.08.2006

ratified

Morocco

13.04.2011

ratified

Netherlands

15.01.2009

ratified

Romania

23.10.2002

ratified

Serbia

31.08.2010

ratified

Slovakia

12.12.2000

ratified

Slovenia

01.03.2010

ratified

Ratified: 22 ratification with reservation — 0 declaration of applicability — 0 denounced - 0

President

Republic of Kazakhstan

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