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C103 Maternity Protection Convention (Revised), 1952 
</font></h3></b><font size=-2>
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.) 
<br>Convention:C103 
<br>Place:Geneva 
<br>Session of the Conference:35 
<br>Date of adoption:28:06:1952 
<br>Subject classification: Maternity Benefit
<br>Subject classification: Maternity Protection
<br>
      <br>
      Status: Outdated instrument subject to a request for information 
 
</FONT><p> 
<p>
The General Conference of the International Labour Organisation,<p>
<p>
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<p>
<p>
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<p>
<p>
Having determined that these proposals shall take the form of an international 
Convention,<p>
<p>
adopts the 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.<p>
<p>
<p> 
<p>
Article 1<p>
1. This Convention applies to women employed in industrial undertakings and in 
non-industrial and agriculture occupations, including women wage earners 
working at home.<p>
<p>
2. For the purpose of this Convention, the term <i>  industrial undertaking  </i> 
comprises public and private undertakings and any branch thereof and includes 
particularly--<p>
 (a) mines, quarries, and other works for the extraction of minerals from the 
earth;<p>
 (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;<p>
 (c) undertakings engaged in building and civil engineering work, including 
constructional, repair, maintenance, alteration and demolition work;<p>
 (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.<p>
<p>
3. For the purpose of this Convention, the term <i>  non-industrial occupations 
</i> includes all occupations which are carried on in or in connection with the 
following undertakings or services, whether public or private:<p>
 (a) commercial establishments;<p>
 (b) postal and telecommunication services;<p>
 (c) establishments and administrative services in which the persons employed 
are mainly engaged in clerical work;<p>
 (d) newspaper undertakings;<p>
 (e) hotels, boarding houses, restaurants, clubs, caf&eacute;s and other refreshment 
houses;<p>
 (f) establishments for the treatment and care of the sick, infirm or 
destitute and of orphans;<p>
 (g) theatres and places of public entertainment;<p>
 (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.<p>
<p>
4. For the purpose of this Convention, the term <i>  agricultural occupations </i> 
includes all occupations carried on in agricultural undertakings, including 
plantations and large-scale industrialised agricultural undertakings.<p>
<p>
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.<p>
<p>
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.<p>
<p>
Article 2<p>
For the purpose of this Convention, the term <i>  woman  </i> means any female 
person, irrespective of age, nationality, race or creed, whether married or 
unmarried, and the term <i>  child  </i> means any child whether born of marriage 
or not.<p>
<p>
Article 3<p>
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.<p>
<p>
2. The period of maternity leave shall be at least twelve weeks, and shall 
include a period of compulsory leave after confinement.<p>
<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
Article 4<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
8. In no case shall the employer be individually liable for the cost of such 
benefits due to women employed by him.<p>
<p>
Article 5<p>
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.<p>
<p>
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.<p>
<p>
Article 6<p>
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.<p>
<p>
Article 7<p>
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--<p>
 (a) certain categories of non-industrial occupations;<p>
 (b) occupations carried on in agricultural undertakings, other than 
plantations;<p>
 (c) domestic work for wages in private households;<p>
 (d) women wage earners working at home;<p>
 (e) undertakings engaged in the transport of passengers or goods by sea.<p>
<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
 <p>
Article 8<p>
   The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 9<p>
   1. This Convention shall be binding only upon those Members of the 
International Labour Organisation whose ratifications have been registered 
with the Director-General.<p>
<p>
   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.<p>
<p>
   3. Thereafter, this Convention shall come into force for any Member twelve 
months after the date on which its ratifications has been registered.<p>
<p>
 Article 10<p>
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 --<p>
<p>
 a) the territories in respect of which the Member concerned undertakes that 
the provisions of the Convention shall be applied without modification;<p>
<p>
 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;<p>
<p>
 c) the territories in respect of which the Convention is inapplicable and in 
such cases the grounds on which it is inapplicable;<p>
<p>
 d) the territories in respect of which it reserves its decision pending 
further consideration of the position.<p>
<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
 Article 11<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
Article 12<p>
   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 should not take effect until 
one year after the date on which it is registered.<p>
<p>
   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.<p>
<p>
Article 13<p>
   1. The Director-General of the International Labour Office shall notify all 
Members of the International Labour Organisation of the registration of all 
ratifications and denunciations communicated to him by the Members of the 
Organisation.<p>
<p>
   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.<p>
<p>
Article 14<p>
   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 him in accordance with 
the provisions of the preceding Articles.<p>
<p>
Article 15<p>
   At such times as 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.<p>
<p>
Article 16<p>
   1. Should the Conference adopt a new Convention revising this Convention in 
whole or in part, then, unless the new Convention otherwise provides:<p>
<p>
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;<p>
<p>
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.<p>
   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.<p>
<p>
Article 17<p>
   The English and French versions of the text of this Convention are equally 
authoritative.<p>
      <p>&nbsp; </td>
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