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Maternity Protection Convention 1919 劳动保健 法律 政策法规
C103 Maternity Protection Convention (Revised), 1952
C103 Maternity Protection Convention
(Revised), 1952
Convention concerning Maternity Protection (Revised 1952) (Note: Date of coming
into force: 07:09:1955.The Convention was revised in 2000 by Convention No.
183.)
Convention:C103
Place:Geneva
Session of the Conference:35
Date of adoption:28:06:1952
Subject classification: Maternity Benefit
Subject classification: Maternity Protection
Subject: Maternity Protection
See the ratifications for this Convention
Status: Outdated instrument
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Thirty-fifth Session on 4 June 1952, and
Having decided upon the adoption of certain proposals with regard to maternity
protection, which is the seventh item on the agenda of the session, and
Having determined that these proposals shall take the form of an international
Convention,
adopts this twenty-eighth day of June of the year one thousand nine hundred and
fifty-two the following Convention, which may be cited as the Maternity
Protection Convention (Revised), 1952.
Article 1
1. This Convention applies to women employed in industrial undertakings and in
non-industrial and agricultural occupations, including women wage earners
working at home.
2. For the purpose of this Convention, the term industrial undertaking comprises
public and private undertakings and any branch thereof and includes
particularly--
(a) mines, quarries, and other works for the extraction of minerals from the
earth;
(b) undertakings in which articles are manufactured, altered, cleaned, repaired,
ornamented, finished, adapted for sale, broken up or demolished, or in which
materials are transformed, including undertakings engaged in shipbuilding, or in
the generation, transformation or transmission of electricity or motive power of
any kind;
(c) undertakings engaged in building and civil engineering work, including
constructional, repair, maintenance, alteration and demolition work;
(d) undertakings engaged in the transport of passengers or goods by road, rail,
sea, inland waterway or air, including the handling of goods at docks, quays,
wharves, warehouses or airports.
3. For the purpose of this Convention, the term non-industrial occupations
includes all occupations which are carried on in or in connection with the
following undertakings or services, whether public or private:
(a) commercial establishments;
(b) postal and telecommunication services;
(c) establishments and administrative services in which the persons employed are
mainly engaged in clerical work;
(d) newspaper undertakings;
(e) hotels, boarding houses, restaurants, clubs, caf閟 and other refreshment
houses;
(f) establishments for the treatment and care of the sick, infirm or destitute
and of orphans;
(g) theatres and places of public entertainment;
(h) domestic work for wages in private households;
and any other non-industrial occupations to which the competent authority may
decide to apply the provisions of the Convention.
4. For the purpose of this Convention, the term agricultural occupations
includes all occupations carried on in agricultural undertakings, including
plantations and large-scale industrialised agricultural undertakings.
5. In any case in which it is doubtful whether this Convention applies to an
undertaking, branch of an undertaking or occupation, the question shall be
determined by the competent authority after consultation with the representative
organisations of employers and workers concerned where such exist.
6. National laws or regulations may exempt from the application of this
Convention undertakings in which only members of the employer's family, as
defined by national laws or regulations, are employed.
Article 2
For the purpose of this Convention, the term woman means any female person,
irrespective of age, nationality, race or creed, whether married or unmarried,
and the term child means any child whether born of marriage or not.
Article 3
1. A woman to whom this Convention applies shall, on the production of a medical
certificate stating the presumed date of her confinement, be entitled to a
period of maternity leave.
2. The period of maternity leave shall be at least twelve weeks, and shall
include a period of compulsory leave after confinement.
3. The period of compulsory leave after confinement shall be prescribed by
national laws or regulations, but shall in no case be less than six weeks; the
remainder of the total period of maternity leave may be provided before the
presumed date of confinement or following expiration of the compulsory leave
period or partly before the presumed date of confinement and partly following
the expiration of the compulsory leave period as may be prescribed by national
laws or regulations.
4. The leave before the presumed date of confinement shall be extended by any
period elapsing between the presumed date of confinement and the actual date of
confinement and the period of compulsory leave to be taken after confinement
shall not be reduced on that account.
5. In case of illness medically certified arising out of pregnancy, national
laws or regulations shall provide for additional leave before confinement, the
maximum duration of which may be fixed by the competent authority.
6. In case of illness medically certified arising out of confinement, the woman
shall be entitled to an extension of the leave after confinement, the maximum
duration of which may be fixed by the competent authority.
Article 4
1. While absent from work on maternity leave in accordance with the provisions
of Article 3, the woman shall be entitled to receive cash and medical benefits.
2. 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 herself
and her child in accordance with a suitable standard of living.
3. Medical benefits shall include pre-natal, confinement and post-natal care by
qualified midwives or medical practitioners as well as hospitalisation care
where necessary; freedom of choice of doctor and freedom of choice between a
public and private hospital shall be respected.
4. The cash and medical benefits shall be provided either by means of compulsory
social insurance or by means of public funds; in either case they shall be
provided as a matter of right to all women who comply with the prescribed
conditions.
5. Women who fail to qualify for benefits provided as a matter of right shall be
entitled, subject to the means test required for social assistance, to adequate
benefits out of social assistance funds.
6. Where cash benefits provided under compulsory social insurance are based on
previous earnings, they shall be at a rate of not less than two-thirds of the
woman's previous earnings taken into account for the purpose of computing
benefits.
7. Any contribution due under a compulsory social insurance scheme providing
maternity benefits and any tax based upon payrolls which is raised for the
purpose of providing such benefits shall, whether paid both by the employer and
the employees or by the employer, be paid in respect of the total number of men
and women employed by the undertakings concerned, without distinction of sex.
8. In no case shall the employer be individually liable for the cost of such
benefits due to women employed by him.
Article 5
1. If a woman is nursing her child she shall be entitled to interrupt her work
for this purpose at a time or times to be prescribed by national laws or
regulations.
2. Interruptions of work for the purpose of nursing are to be counted as working
hours and remunerated accordingly in cases in which the matter is governed by or
in accordance with laws and regulations; in cases in which the matter is
governed by collective agreement, the position shall be as determined by the
relevant agreement.
Article 6
While a woman is absent from work on maternity leave in accordance with the
provisions of Article 3 of this Convention, it shall not be lawful for her
employer to give her notice of dismissal during such absence, or to give her
notice of dismissal at such a time that the notice would expire during such
absence.
Article 7
1. Any Member of the International Labour Organisation which ratifies this
Convention may, by a declaration accompanying its ratification, provide for
exceptions from the application of the Convention in respect of--
(a) certain categories of non-industrial occupations;
(b) occupations carried on in agricultural undertakings, other than plantations;
(c) domestic work for wages in private households;
(d) women wage earners working at home;
(e) undertakings engaged in the transport of passengers or goods by sea.
2. The categories of occupations or undertakings in respect of which the Member
proposes to have recourse to the provisions of paragraph 1 of this Article shall
be specified in the declaration accompanying its ratification.
3. Any Member which has made such a declaration may at any time cancel that
declaration, in whole or in part, by a subsequent declaration.
4. Every Member for which a declaration made under paragraph 1 of this Article
is in force shall indicate each year in its annual report upon the application
of this Convention the position of its law and practice in respect of the
occupations or undertakings to which paragraph 1 of this Article applies in
virtue of the said declaration and the extent to which effect has been given or
is proposed to be given to the Convention in respect of such occupations or
undertakings.
5. At the expiration of five years from the first entry into force of this
Convention, the Governing Body of the International Labour Office shall submit
to the Conference a special report concerning the application of these
exceptions, containing such proposals as it may think appropriate for further
action in regard to the matter.
Article 8
The formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
Article 9
1. This Convention shall be binding only upon those Members of the International
Labour Organisation whose ratifications have been registered with the
Director-General.
2. It shall come into force twelve 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 twelve
months after the date on which its ratification has been registered.
Article 10
1. Declarations communicated to the Director-General of the International Labour
Office in accordance with paragraph 2 of Article 35 of the Constitution of the
International Labour Organisation shall indicate --
a) the territories in respect of which the Member concerned undertakes that the
provisions of the Convention shall be applied without modification;
b) the territories in respect of which it undertakes that the provisions of the
Convention shall be applied subject to modifications, together with details of
the said modifications;
c) the territories in respect of which the Convention is inapplicable and in
such cases the grounds on which it is inapplicable;
d) the territories in respect of which it reserves its decision pending further
consideration of the position.
2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of
this Article shall be deemed to be an integral part of the ratification and
shall have the force of ratification.
3. Any Member may at any time by a subsequent declaration cancel in whole or in
part any reservation made in its original declaration in virtue of subparagraph
(b), (c) or (d) of paragraph 1 of this Article.
4. Any Member may, at any time at which the Convention is subject to
denunciation in accordance with the provisions of Article 12, communicate to the
Director-General a declaration modifying in any other respect the terms of any
former declaration and stating the present position in respect of such
territories as it may specify.
Article 11
1. Declarations communicated to the Director-General of the International Labour
Office in accordance with paragraph 4 or 5 of Article 35 of the Constitution of
the International Labour Organisation shall indicate whether the provisions of
the Convention will be applied in the territory concerned without modification
or subject to modifications; when the declaration indicates that the provisions
of the Convention will be applied subject to modifications, it shall give
details of the said modifications.
2. The Member, Members or international authority concerned may at any time by a
subsequent declaration renounce in whole or in part the right to have recourse
to any modification indicated in any former declaration.
3. The Member, Members or international authority concerned may, at any time at
which the Convention is subject to denunciation in accordance with the
provisions of Article 12, communicate to the Director-General a declaration
modifying in any other respect the terms of any former declaration and stating
the present position in respect of the application of the Convention.
Article 12
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 13
1. The Director-General of the International Labour Office shall notify all
Members of the International Labour Organisation of the registration of all
ratifications, declarations and denunciations communicated to him by the Members
of the Organisation.
2. When notifying the Members of the Organisation of the registration of the
second ratification communicated to him, the Director-General shall draw the
attention of the Members of the Organisation to the date upon which the
Convention will come into force.
Article 14
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, declarations and acts of denunciation registered by him in
accordance with the provisions of the preceding Articles.
Article 15
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 16
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 12 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 17
The English and French versions of the text of this Convention are equally
authoritative.
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Recommendation 1952 Maternity
Protection Convention Recommendation 2000
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Maternity Protection Convention 2000
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