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<h3><font color=0000ff>
C183 Maternity Protection Convention, 2000 
</font></h3></b><font size=-2>
Convention concerning the revision of the Maternity Protection Convention
(Revised), 1952 
(Note: Date of coming into force:07:02:2002.) 
<br>Convention:C183 
<br>Place:Geneva 
<br>Session of the Conference:88 
<br>Date of adoption:15:06:2000 
<br>Subject classification: Maternity Benefit
<br>Subject classification: Maternity Protection
<br>
      <br>
      Status: Up-to-date instrument 
This Convention was adopted after 1985 and is considered up to date. 
 
</FONT><p> 
The General Conference of the International Labour Organization,<p>
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<p>
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<p>
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<p>
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<p>
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<p>
Having determined that these proposals shall take the form of an international 
Convention;<p>
adopts this fifteenth day of June of the year two thousand the following 
Convention, which may be cited as the Maternity Protection Convention, 2000.<p>
<p>
<p> 
<p>
SCOPE<p>
Article 1<p>
For the purposes of this Convention, the term <i> woman </i> applies to any female 
person without discrimination whatsoever and the term <i> child </i> applies to any 
child without discrimination whatsoever.<p>
<p>
Article 2<p>
1. This Convention applies to all employed women, including those in atypical 
forms of dependent work.<p>
<p>
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.<p>
<p>
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.<p>
<p>
HEALTH PROTECTION<p>
Article 3<p>
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.<p>
<p>
MATERNITY LEAVE<p>
Article 4<p>
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.<p>
<p>
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. 
<p>
3. Each Member may subsequently deposit with the Director-General of the 
International Labour Office a further declaration extending the period of 
maternity leave.<p>
<p>
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.<p>
<p>
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.<p>
<p>
LEAVE IN CASE OF ILLNESS OR COMPLICATIONS<p>
Article 5<p>
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.<p>
<p>
BENEFITS<p>
Article 6<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
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. 
<p>
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:<p>
<p>
(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<p>
<p>
(b)      it is subsequently agreed at the national level by the government and 
the representative organizations of employers and workers.<p>
<p>
Article 7<p>
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.<p>
<p>
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.<p>
<p>
EMPLOYMENT PROTECTION AND NON-DISCRIMINATION<p>
Article 8<p>
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.<p>
<p>
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.<p>
<p>
Article 9<p>
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.<p>
<p>
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:<p>
<p>
(a)      prohibited or restricted for pregnant or nursing women under national 
laws or regulations; or<p>
<p>
(b)      where there is a recognized or significant risk to the health of the 
woman and child.<p>
<p>
BREASTFEEDING MOTHERS<p>
Article 10<p>
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.<p>
<p>
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.<p>
<p>
PERIODIC REVIEW<p>
Article 11<p>
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.<p>
<p>
IMPLEMENTATION<p>
Article 12<p>
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.<p>
<p>
FINAL PROVISIONS<p>
Article 13<p>
This Convention revises the Maternity Protection Convention (Revised), 1952.<p>
<p>
Article 14<p>
The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 15<p>
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.<p>
<p>
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.<p>
<p>
Article 16<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 shall 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 17<p>
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.<p>
<p>
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.<p>
<p>
Article 18<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 the Director-General in 
accordance with the provisions of the preceding Articles.<p>
<p>
Article 19<p>
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.<p>
<p>
Article 20<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 16 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>
<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 21<p>
The English and French versions of the text of this Convention are equally 
authoritative.<p>
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