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On The Maternity Protection Convention

Original Language Title: Par Maternitātes aizsardzības konvenciju

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The Saeima has adopted and the President promulgated the following laws: The maternity protection Convention, article 1. 15 June 2000, the maternity protection Convention (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. The Ministry of welfare informed the Foreign Ministry about the duration of the maternity leave, the Republic of Latvia and the Ministry of Foreign Affairs of the Convention article 4, second paragraph, the order shall inform the International Labour Organisation. 3. article. Fulfilment of the obligations provided for in the Convention are coordinated by the Ministry of welfare. 4. article. The Convention shall enter into force on the 15th for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 5. article. The law shall enter into force on the day following its promulgation. With the law put the Convention in English and its translation into Latvian language. The law adopted by the Parliament of 23 March 2006. State v. President Vaira Vīķe-Freiberga in Riga 2006 April 13 MATERNITY PROTECTION CONVENTION by the General Conference of the International Labour Organization, Having been convened at Geneva by the Body of the International Labour Each Office, and having met in its 88th Session on 30 May 2000, and Noting the need to revisit the Maternity Protection Convention (Revised), 1952, and the Maternity Protection Recommendations , 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 provision 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 Convention 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 circumstanc of women workers and the need to provide protection for pregnancy, which with 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 Recommendations, 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 purpose of this Convention, the term woman applies to any female person without discrimination whatsoever and the term applies to any child without discrimination whatsoever the child. Article 2 1. This Convention applies to all employed women, including those in atypical forms of dependent work. 2. However, each Member which to this Convention may, the ratif 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 is itself of the possibility availa ... 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 that are excluded and the reasons for their exclusion. In its subsequent reports, the Member shall describ the measure taken with a view of progressively extending to the provision of the Convention to these categories. HEALTH PROTECTION article 3 Each Member shall, after consulting the representative organizations of employers and workers, the appropriate measure of their adop ensur that pregnant or women on fuel are not obliged to perform work which has been determined by the competent authority to be question 2(a) 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 the production of a medical certificate On 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, the maternity leave shall include a period of six weeks ' compulsory leave after childbirth, unless otherwise is agreed at the national level by the Government and the representative organizations of employers and workers. 5. The portions of prenatal maternity leave shall be extended by any period elapsing between the presumed date of childbirth and the actual date of childbirth, with out the reduction in any compulsory postnatal leave portions of. Leave IN case OF illness OR COMPLICATION of article 5 On production of a medical certificate, leave shall be provided before or after the maternity leave period in the case of illness, complication or risk of a complication arising out of pregnancy or childbirth. The nature and the maximum duration of such leave may be specified in accordanc with national law and practice. Benefits article 6 1 shall be provided Cash benefits, in accordanc 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 ensur that the woman can maintain herself the and her child in proper conditions of health and with a standard of living suitabl. 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 determin the cash benefits paid with respect to leave referred to in article 4, the amount of such benefits shall be the amount it comparabl resulting on average from the application of the preceding paragraph. 5. Each Member shall ensur 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 adequat 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 accordanc 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 the care when not cessary hospitalizations. 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 liabl 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 of lower than a rate payable for temporary disability in accordanc sicknes or with national laws and regulations. 2. A Member which is itself of the possibility availa ... 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 therefore and indicates the rate at which cash benefits are provided. In its subsequent reports, the Member shall describ the measure taken with a view of the progressively raising the rate of benefits. Employment PROTECTION AND NON-DISCRIMINATION article 8 1 shall be unlawful. It 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 pregnancy or childbirth and it 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 adop. the appropriate measure to ensur that maternity does not constitut a source of discrimination in employment, including — notwithstanding article 2, paragraph 1 — access to employment. 2. the Measure referred to in the preceding paragraph shall include the 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 law or regulations in respect of the works: (a) that is 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. MOTHER of article 10 1 on FUEL. A woman shall be provided with the right to one or more daily breaks or a daily reduction of hours of work it nursed 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 periodically, in consultation with the examin the representative organizations of employers and workers, the appropriatenes 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 PROVISION article 13 this Convention revisit the Maternity Protection Convention (Revised), 1952 article 14 the formal ratification of this Convention shall be communicated to the Director-General of the International Labour Office for registration. Article 15 1 shall be binding. this Convention only upon those members of the International Labour Organization whose ratification will 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 ratification 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 denounc 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 denounc 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 acts of ratification and 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 accordanc with article 102 of the Charter of the United Nations, full of all the particular acts of ratification and denunciation registered by the Director-General in accordanc with the provision of the preceding Article. Article 19 At such times as it may consider not cessary, the Body of the International Labour Each Office shall present to the General Conference a report on the working of this Convention and shall examin 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 be a new Convention revising adop 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 involv-the immediate denunciation of this Convention, notwithstanding the provision 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 authoritativ.

Maternity Protection Convention International Labour Organization Ģenerālkonferenc, which convened in Geneva the International Labour Office, the Administrative Council and in the year 2000 on May 30, met on its eighty-eighth session, and taking into account the need to revise the 1952 revised Maternity Protection Convention of 1952 and the maternity protection recommendation, to promote equal opportunities for all working women, and maternal and child health and safety, and for the recognition of Member States ' as well as the establishment of the economic and social development and the development of maternity protection in national law and practice, and taking into account the 1948 Declaration of human rights in General, to the 1979 United Nations Convention on the Elimination of all forms of discrimination, the 1989 Convention on the rights of the child, the 1995 Beijing Declaration and platform of action of the International Labour Organisation Declaration on equal opportunity and treatment for women in the operating , the 1998 ILO Declaration on fundamental principles and rights at work and its follow-up, as well as the realization of the provisions of international labour conventions and recommendations, which aim to ensure equal opportunity and treatment as female workers and working men, and especially the Convention 1981 for employees with family, and taking into account the working conditions of women and the need to ensure the protection of pregnancy, for which the joint responsibility of both the Government and the company, and decided to accept certain proposals with regard to maternity protection, 1952 of the revised Convention and recommendation, 1952, which is on the agenda of the session the fourth point, found that these proposals are to be adopted in the form of an International Convention, two thousand fifteenth day following the Convention adopted in June, known as the year 2000, maternity protection Convention: article 1 the purpose of this Convention the term meaning "woman" means any woman without discrimination and the term "child" means every child without any discrimination. 2. Article 1 this Convention applies to all employed women, including those that perform erratically, not a job. 2. In addition, each Member State which ratifies this Convention may, after consultation with employers ' and workers ' organizations fully or partly exclude from the provisions of this Convention to certain categories of employees, if its application to one of the categories of employees could lead to significant problems. 3. each Member State that uses the previous paragraph this possibility in its first report on the application of the Convention, which is submitted in accordance with the Constitution of the International Labour Organization, article 22 of the staff categories, which are not subject to the provisions of the Convention, stating the reasons for such denial. Future reports will indicate the Member States of the measures taken to extend the application of the provisions of the Convention to these categories. Health protection article 3, after consultation with employers ' and workers ' organisations, each Member State shall take appropriate measures to ensure that pregnant or breastfeeding women, not doing any work, which, in accordance with the decision of the competent authority is considered harmful to the mother or the child's health, or the assessment points to the existence of serious risk to the mother's or child's health. Maternity leave article 4 1 a woman, to which apply the provisions of this Convention shall be submitted to the sick or the appropriate medical authorities, documents issued in accordance with national laws and practices is entitled to at least 14 weeks maternity leave. 2. each Member State shall leave the above statement, which is attached to the instrument of ratification of the Convention. 3. Any Member State may submit to the Director-General of the International Labour Organization to another statement is extended maternity the vacation period. 4. in the light of the maternal and child health protection, maternity leave includes six weeks compulsory post-natal leave, unless the Government and employers ' and workers ' organizations at the national level have agreed on other provisions. 5. the maternity leave period of prenatal should be extended for a period of time, related to the expected date of childbirth and the actual date of childbirth, without reducing the maternity leave period. Leave in the case of diseases or COMPLICATIONS article 5 presentation of the medical institutions issued the document is guaranteed to leave before or after the maternity leave period of pregnancy or childbirth related complications of the disease, or in the case of risk of complications. Following the nature and the duration of the leave shall be determined in accordance with national laws and practices. Benefits article 6 1. in accordance with the national laws and regulations or otherwise based on country practices, women on leave of absence under this Convention article 4 and 5, shall be paid the cash benefits. 2. cash benefits are set at a level so that the woman could maintain herself and the child according to the health condition and reasonable living conditions. 3. where, in accordance with national laws or practices in article 4 of the Convention, that cash benefits are calculated based on previous earnings, the following benefits shall not be less than the amount corresponding to two-thirds of the woman's previous earnings or income are taken into account for the calculation of benefits. 4. in the case where, in accordance with national laws or practices applicable for calculating cash benefits, which are paid out in the case of leave in accordance with article 4, other methods are used, such a benefit should be equivalent to the average amount in accordance with the provisions of the preceding paragraphs. 5. Each Member State shall guarantee that most women, which apply the provisions of this Convention, the application of the cash benefits. 6. where a woman does not meet these rules of receipt of cash benefits in accordance with national laws and regulations, or otherwise under the practices in the country, a woman is entitled to adequate benefits out of social assistance funds, after the check has been carried out on the need of such assistance. 7. in accordance with the national laws and regulations or otherwise applicable under country practices, the woman and the child are provided medical aid. Such support shall include prenatal, childbirth and postnatal medical care and hospitalization if necessary. 8. to protect the status of women in the labour market, 4 and 5 of the Convention referred to in article leave benefit is granted through compulsory social insurance or public funds, or in accordance with national laws and practices. The employer is not personally liable for the direct benefit of this type of cash payments to the woman who is employed at the said employer, if the employer has not concluded an agreement on this, except if: (a) determined by the laws of the Member State concerned or applicable in practice before the ratification of this Convention by the International Labour Conference or; (b) on a later stage have been agreed at national level national Government and employers ' and workers ' organizations. 7. Article 1. A member whose economy and social security system are insufficiently developed, will be considered under article 6 of the Convention and article 4 3 of the part, when the amount of cash benefits shall be paid not less than national laws and practices, the illness or temporary incapacity benefits. 2. a Member State which are used in the previous article, part of the feature, the first report on the implementation of the provisions of the Convention, submitted in accordance with the International Labour Organization, article 22 of the Statute explains the reasons for the above deviations and indicates the extent of the benefits offered. Subsequent reports, the Member State shall describe the measures taken to increase the amount of benefits. Employment protection and non-discrimination article 8 1. illegal is considered a termination of employment by a woman during pregnancy or at the time when the woman is on leave of absence in accordance with the provisions of the Convention article 4 and 5, or during the period when the woman returns to work, unless this is due to reasons that are not attributable to pregnancy, child birth and its consequences and child care. The burden of proving that the reasons for dismissal are unrelated to pregnancy, childbirth and its consequences and motherhood, is the employer. 2. A woman is guaranteed after maternity leave to continue working in the same position or to an equivalent post and for the same reward. 1. Article 9 each Member State shall take the necessary measures to ensure that maternity does not cause discrimination employment, including access to employment, notwithstanding article 2, part 1. 2. The above paragraph describes measures include prohibition of require pregnancy test results or certificate of pregnancy test results to the woman when recruited, except those determined by the national laws and regulations if: (a) perform such work for pregnant women or women nursing children, prohibit or limit national laws and regulations; (b) perform such work constitutes a significant risk to the health of women and children. Mothers who are breastfeeding article 10 1. Woman are entitled to one or more breaks in the work or reduction of working hours for breastfeeding the child. 2. the national law and practice, defines the time period that has allowed the child's feeding breaks or the reduction of working hours, as well as following the break, the number and the duration of the arrangements under which reduces the number of work hours. This breaks or the reduction of working hours is included in working time and are paid accordingly. Regular review article 11 each Member shall, after consultation with the employers ' and workers ' organizations, periodically examine the need to extend the leave referred to in article 4 or to increase the period laid down in article 6, the amount of cash benefits. IMPLEMENTATION of article 12 of the Convention is implemented in accordance with the rules and regulations, unless its provisions are implemented by collective agreements, arbitral or judicial decisions or other means in accordance with national practice. Final clauses article 13 this Convention revised 1952 revised Maternity Protection Convention. Article 14 ratification of this Convention articles, send to the International Labour Office, the Director-General for registration. 1. Article 15 this Convention are bound only to the Member States of the International Labour Organization whose ratifications have been registered by the articles in the International Labour Office, the Director-General. 2. It shall enter into force twelve months after the Director-General has registered the ratification of two Member States. 3. After the Convention in each Member State shall enter into force twelve months after its instrument of ratification the article registration. 16. Article 1. a Member State which has ratified this Convention may denounce it ten years after the first time the Convention has entered into force, the Act of denunciation, sent to the International Labour Office, the Director-General. Denunciation shall take effect one year after the date of such registration. 2. any Member which has ratified this Convention and that a year after the previous article mentioned in the ten year period expired not utilised the right of denunciation provided for in accordance with the provisions of this article, assume all liability for the next ten-year period and that Member State will have the right to denounce this Convention after each ten-year period in this part of the article. 1. Article 17 of the International Labour Office, the Director-General shall inform all ILO Member States for all the Member States of the organisation of the instruments of ratification and denunciation of the submitted article. 2. Notifying the International Labour Organisation Member States on ratification received the second article, the Director-General shall inform the Member States about the date when the Convention enters into force. Article 18 the Director-General of the International Labour Office in accordance with the United Nations Charter article 102 is sent to the Secretary-General of the United Nations with accurate information about all of the Director-General in accordance with the provisions of the preceding article is registered the ratification and denunciation of the articles. Article 19 if the International Labour Office, the Administrative Council considers necessary for the Ģenerālkonferenc is presented a report on the application of the Convention and addressed the question of the need for the Conference to include in the agenda the question of the provisions of the Convention for the full or partial revision. Article 20 1. in the event that the Conference is a new version of the Convention fully or partially review the provisions of this Convention, then, unless the new Convention otherwise in the rules: (a) a member of the new) Convention ratification of the ipso jure means immediate denunciation of this Convention, Notwithstanding the provisions of article 16, and, if the new version of the Convention enters into force; (b)) starting with the new date of entry into force of the Convention, this Convention is no longer available for ratification. 2. In any case, this Convention shall remain in force, its true form and content in relation to Member States which have ratified this Convention, but have not ratified the Convention of the new revised version. Article 21 of the Convention in the English and French texts are equally authentic.