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Konvensi 183 Tahun 2000Convention on REVISI ON KONVENSI ABOUT PROTECTION MATERNITAS

Sunday, January 11, 2009

(Revision), 1952

General Komperensi the International Labor Organization,

After disidangkan in Jeneva by the Head of the International Labor Office, and after that to make sidangnya eighty-eight on 30 May 2000, and

Given the need to revise Maternitas Protection Convention (Revised), 1952, recommendation Protection Maternitas, 1952, in order to exploit the equality of all women in the work force and health and security of women and children, as well keanekaraman industry, and increased protection maternitas in law and practice national, and

Given the terms Rights Universal Declaration of Human Rights (1948), visiting United Nations Convention on All Forms of Discrimination against Women (1979), United Nations Convention on Child Rights (1989), the Beijing Declaration and Plan of Action (1995), the ILO Declaration Possibility of Unified Labor and Treatment of Women (1975), the ILO Declaration on Basic Principles and Rights in Employment and Follow-up (1998), the Convention, the Convention and Recommendation-labor International Recommendations intended to ensure parity and an opportunity treatment of workers, men and women, particularly the Convention on the worker with Family Responsibilities (1981), and

Considering the condition of female labor and the need to provide protection for pregnancy which is a joint responsibility of the government and society, and

After deciding to accept the proposals to revise certain Maternitas Protection Convention (Revised), 1952, and Recommendation, 1952, which is a four-event to the council's agenda, and

Once you set that these proposals should form the International Convention;

Receive on 15 June 2000 following the so-called Convention on Protection Convention Maternitas 2000.
Article 1

For the purpose of this Convention, the term "women" includes each of the women without any discrimination and the term "child" includes each child without discrimination of any kind.

Article 2

1. The Convention applies to all women who work, including those working on specific types of work that is not independent.

2. However, after consultation with the organizations representing employers and workers, each Member can not apply this Convention in whole or in part to a certain category of workers if they are applying to the cause of the problems that are fundamental.

3. Members who use the possibility given to the previous paragraph, in its first report on the implementation of this Convention in accordance Article 22 of the Constitution the International Labor Organization must submit a list of workers who are excluded from the Convention and the reasons for the exclusion. In the report, the Member shall describe the steps that have been taken to gradually expand the coverage provisions of this Convention to the workers.

HEALTH PROTECTION

Article 3

1. Each Member after consultation with the organizations representing employers and workers must take the actions necessary to ensure that women can breast-feed or are not required to do the work by the authorized officials considered dangerous to the health of the mother or son, or that it has been proven endanger the health of the mother or child.

CUTI birth

Article 4

1. Evidence-based medical information or other evidence of eligible as determined by national laws and customs of the estimated date of birth, women who apply to him, this Convention should be given leave maternitas for not less than 14 sunday.

2. The length of time leave referred to in paragraph 1 must be determined by each Member in a statement provided at the time ratified the Convention.

3. Each Member can further inform the Director-General of the International Labor Office a statement about the extension of the leave birth.

4. For the protection of health of the mother and children health care, leave maternitas must include the compulsory leave for 6 (six) weeks after birth, unless the other agreed upon at the national level by governments and organizations representing employers and labor.

5. The period of leave before the birth must be extended include the estimated birth date until the actual day of birth, without reducing the period of compulsory leave after childbirth.

CUTI SAKIT OR BECAUSE Complications

Article 5

Evidence-based medical information, leave should be given before or after the period of leave in case of birth pain, complications or risk of complications arising from pregnancy or childbirth. The nature and duration maximum leave like this can be determined in accordance with national law and practice.

TUNJANGAN

Article 6

1. Cash allowance in accordance with national laws and regulations or by other means that in line with national practices should be given to women who do not work because of leave referred to in Article 4 or 5.

2. A large cash payments should be sufficient to ensure that women can defend themselves and their children in health and a decent standard of living adequate.

3. If based on national laws or customs of cash allowances provided to leave referred to in Article 4 is based on the amount of previous earnings, the amount of the allowance should not be less than 2 / 3 of her previous or 2 / 3 of income as it is considered as for the entire tunjangannya laborers.

4. If based on national laws or practices used other means to determine the cash benefits paid to leave referred to in Article 4, the size of the allowance is to be comparable with the average amount generated from the application of the previous paragraph.

5. Each Member shall ensure that the terms of the feasibility of cash to get this allowance can be met by as many women, this Convention applies to him.

6. If a woman does not meet the requirements for a cash allowance according to the rules and provisions of national law or other appropriate national habit, he must be guaranteed with commensurate benefits from the social security fund with the requirements that must be met to obtain such benefits.

7. Medical allowance should be given to women and their children in accordance with national laws and regulations or the terms of the other in accordance with national practices. Benefits include medical treatment should be before the birth, at birth and after birth, also Inpatient if necessary.

8. To protect the condition of women in the labor market, the allowance for leave referred to in Article 4 and 5 should be given through the social security system or public funds or by mandatory way, which is determined by national law and practice. A responsible individual does not directly on the financial cost of the allowance for a woman who dipekerjakannya without the approval of certain unless:

(a) is determined in such a national law or practice in the country before the date of the Member disetujuinya Convention by the International Labor conference; or

(b) how such further agreed at the national level by the government and labor union representatives and employers organizations.
Article 7

1. Members of the economic and social security system has not been enough to develop the required Article 6 paragraph 3 and 4, if given a number of cash benefits to be paid for sick or disabled while in accordance with the regulations and national laws.

2. Members who use the possibility given to the previous paragraph, in its first report on the implementation of this Convention in accordance with Article 22 the Constitution of the International Labor Organization should explain the reasons why, and let the amount of cash allowances provided. In the report, the Member shall notify the actions already taken to gradually increase the amount of the allowance is.

PROTECTION OF WORK and non-discrimination
Article 8

1. Employers are prohibited from working women cut off the relationship during pregnancy or during the leave referred to in Article 4 or 5, or for a certain time after he returned to work, which is determined by national laws or regulations, except for reasons that are not related to pregnancy or child birth and nurture or konsekwensinya his son. Which must prove that the reasons for termination of employment was not related to pregnancy or child birth and nurture konsekwensinya or is the child.

2. Women have the right to return to work the same position or the position parallel with the other paid the same wages earned leave before the birth.
Article 9

1. Each Member should take the actions necessary to ensure that maternitas not be a source of discrimination in employment, including - deviate from Article 2 paragraph 1 - the job opportunities.

2. Measures such as referred to in paragraph 1 must include the prohibition to require pregnancy tests or evidence during a similar test of women applying for jobs, unless specified by national laws or regulations for jobs:

(a) prohibited or restricted for women, contain or are based on breastfeeding national laws or regulations, or

(b) if there is a clear danger to health and the real mother and son.
MOTHER OF breastfeeding

Article 10

1. Women must be given the right breaks or reduction of daily hours of work daily for breastfeeding their children.

2. How long does the rest breastfeeding or reduction of working hours will be given daily, many in the day, the duration of each break and how the reduction of working hours is set daily based on national law and kebiasan. Rest and a reduction in daily working hours should be counted as working hours and paid.

PENINJAUAN periodic

Article 11

Each Member in cooperation with the labor union representatives and employers must consider the organization regularly about not feasible to extend the duration of rest referred to in Article 4 or increase the number or the number of cash payments referred to in Article 6.

PENERAPAN

Article 12

The Convention should be implemented through laws and regulations, except if you can run with other means such as the Joint Agreement, decision-decision arbiter, decision-court decision, or other means in accordance with national practices.

END OF TERMS-CONDITIONS

Article 14

Formal ratification of the Convention should be notified to the Director General of the International Labor Office to be registered.

Article 15

1. The Convention is only binding on the Member of the International Labor Organization ratifikasinya already registered on the Director General.

2. The Convention came into force twelve months after the date of ratification by two registered in the Member of the Director-General

3. After that, starting this Convention applies to all Member twelve months after the date ratifikasinya registered.

Article 16

1. Members who have ratified this Convention may pull out after the end of ten years from the date the first time this Convention applies, with a description notified to the Director General of the International Labor Organization to be registered. Revocation does not apply if such has not been through one year from the date of registration.

2. Each Member which has ratified this Convention and that within one year after the end of a period of ten years in the paragraph above does not use his right to pull out as stipulated in this Article, will be tied to the ten year period, and after that, you can revoke this Convention at the end of each period of ten years, as defined in this Article.

Article 17

1. Director General of the International Labor Organization should be alert to all the Member of the International Labor Organization registration and cancellation of all ratification notified to him by a Member of the International Labor Organization.

2. When told the International Labor Organization Member of the registration of ratification of the two notified to him, Director-General should request the attention of the Member Organization of the date of this Convention will come into force.

Article 18

Director General of the International Labor Organization should inform the Secretary General of the United Nations in accordance with article 102 of the Charter of the United Nations for the purpose of registration details and complete ratification of all the didaftarnya repeal regulations in accordance with the provisions of Article-art before.

Article 19

In the times that are considered necessary by the Agency, Head of the International Labor Office should submit to the General conference a report about the implementation of this Convention and must assess the need to include in the agenda of the conference discussion of the changes in the overall or in part.

Article 20

1. When the conference set a new Convention of the Convention in whole or in part, unless the new Convention is another set, then:

(a) the ratification by Member on the new Convention will immediately repeal the law on this Convention, without the provisions of Article 16 above, if and when the new Convention is applicable;

(b) the date of the new Convention is applicable, the Convention could not be more diratifikasi by the Member.

2. This convention should be applied in the form and content to the fact that the Member is meratifikasinya but not yet ratified the new Convention.

Article 21
Version of English and French of the Convention is the same strength.

Labels: convention