ILO report on unratified conventions

728980 30480 0 0  APPL. 19 – C.111, C.156, C.183, R.111, R.165 and R.191 0 INTERNATIONAL LABOUR OFFICE REPORT S ON UNRATIFIED CONVENTIONS AND RECOMMENDATIONS (article 19 of the Constitution of the International Labour Organisation) REPORT FORM FOR THE FOLLOWING INSTRUMENTS: Discrimination (Employment and Occupation) Convention, 1958 (No. 111) Workers with Family Responsibilities Convention, 1981 (No. 156) Maternity Protection Convention, 2000 (No. 183) Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111) Workers with Family Responsibilities Recommendation, 1981 (No. 165) Maternity Protection Recommendation, 2000 (No. 191) Article 19 of the Constitution of the International Labour Organization relates to the adoption of Conventions and Recommendations by the Conference, as well as to the obligations resulting therefrom for the Members of the Organization. The relevant provisions of paragraphs 5, 6 and 7 of this article read as follows: 5. In the case of a Convention: … if the Member does not obtain the consent of the authority or authorities within whose competence the matter lies, no further obligation shall rest upon the Member except that it shall report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of its law and practice in regard to the matters dealt with in the Convention, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement or otherwise and stating the difficulties which prevent or delay the ratification of such Convention. 6. In the case of a Recommendation: … apart from bringing the Recommendation before the said competent authority or authorities, no further obligation shall rest upon the Members, except that they shall report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice in their country in regard to the matters dealt with in the Recommendation, showing the extent to which effect has been given, or is proposed to be given, to the provisions of the Recommendation and such modifications of these provisions as it has been found or may be found necessary to make in adopting or applying them. 7. In the case of a federal State, the following provisions shall apply: in respect of Conventions and Recommendations which the federal Government regards as appropriate under its constitutional system for federal action, the obligations of the federal State shall be the same as those of Members which are not federal States; in respect of Conventions and Recommendations which the federal Government regards as appropriate under its constitutional system, in whole or in part, for action by the constituent states, provinces or cantons rather than for federal action, the federal Government shall: … in respect of each such Convention which it has not ratified, report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice of the federation and its constituent states, provinces or cantons in regard to the Convention, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement, or otherwise; in respect of each such Recommendation, report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice of the federation and its constituent states, provinces or cantons in regard to the Recommendation, showing the extent to which effect has been given, or is proposed to be given, to the provisions of the Recommendation and such modifications of these provisions as have been found or may be found necessary in adopting or applying them. In accordance with the above provisions, the Governing Body of the International Labour Office examined and approved the present report form. This has been drawn up in such a manner as to facilitate the supply of the required information on uniform lines. Report to be made no later than 28 February 2022, in accordance with article 19 of the Constitution of the International Labour Organization by the Government of FORMTEXT Estonia , on the position of national law and practice in regard to matters dealt with in the instruments referred to in the following questionnaire. Workers’ and employers’ organizations may send c omments no later than 30 June 2022. Context and scope of the questions At its 337th Session in October–November 2019, the Governing Body requested the Office to prepare for its consideration at its 338th Session (March 2020) the article 19 report form on six instruments: the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and Recommendation, 1958 (No. 111), the Workers with Family Responsibilities Convention, 1981 (No. 156), and Recommendation (No. 165), as well as the Maternity Protection Convention, 2000 (No. 183) and Recommendation (No. 191), for a General Survey to be prepared by the Committee of Experts on the Application of Conventions and Recommendations (CEACR) in 2021 to be discussed by the Conference Committee on the Application of Standards in 2022. In May 2020, the Governing Body decided to defer by one year the article 19 report requested. Consequently, the General Survey will be prepared by the Committee of Experts in 2022 and examined by the Committee on the Application of Standards of the Conference in 2023. During the discussion, the Governing Body stressed that the General Survey would contribute to the reflection on how to best achieve gender equality at work, in line with the ILO’s commitment in this regard, expressed in the Centenary Declaration for the Future of Work. The General Survey will provide a comprehensive overview of the legislation and national policies in place with regard to the six instruments in ILO Member States (Part I). Moreover, the General Survey will shed light on how the specific labour and employment rights provided under the six instruments under examination are enabling factors towards achieving gender equality (Part II). It will also highlight the importance of raising awareness on the principles enshrined in these six instruments and of establishing appropriate enforcement and monitoring mechanisms, to ensure their effective application (Part III). Further, the General Survey will be an opportunity to contribute to a better understanding of the provisions both in law and in practice of the above-mentioned instruments; the challenges and opportunities in their application, and will encourage the sharing of experiences and good practices among ILO Member States. The present questionnaire has also been prepared in the light of the ILO Declaration on Social Justice for a Fair Globalization and its follow-up. Account has been taken of the fact that “[t]his follow-up seeks to make the fullest possible use of all the means of action provided under the Constitution of the ILO to fulfil its mandate. Some of the measures to assist the Members may entail some adaptation of existing modalities of application of article 19, paragraphs 5(e) and 6(d), of the ILO Constitution, without increasing the reporting obligations of member States”. For instance, by grouping and focusing on instruments related to a specific strategic objective, General Surveys may provide an overview on the law and practice in ILO Member States concerning certain instruments and feed into the recurrent discussions with relevant information on the trends and practices in relation to a given strategic objective. Lastly, the General Survey will enable the ILO Member States to assess the contribution of these standards to the achievement of the 2030 Agenda for Sustainable Development, through the realization of multiple Sustainable Development Goals (SDGs), notably SDGs: 1 (Poverty), 3 (Good health and well-being), 5 (Gender equality) and 8 (Decent work and economic growth). It will also inform the preparation of the recurrent discussion on fundamental principles and rights at work by the Conference in 2024 and depending on when the SRM TWG chooses to review the maternity protection instruments, could either feed into the SRM TWG discussion or follow up on it. The following questions relate to issues covered by Conventions Nos 111, 156, 183, and Recommendations Nos 111, 165 and 191. In order to keep the present questionnaire specific, brief and focused, as requested during the November 2019 Governing Body discussion, it is limited to 32 questions. Consequently, questions are not presented instrument by instrument (or article by article). Rather, they focus on the common topics raised by the different instruments, each time identifying the provisions of the instruments to which they refer. In addition, since gender equality and maternity protection are key components of the transformative policies called for in the 2030 Agenda for Sustainable Development and contribute to a number of SDGs, notably Goals 5 (Gender equality) and 8 (Decent work and economic growth), a question on the SDGs and Beijing+25 1 has also been included. As appropriate, please give a specific reference (weblink) or include information relating to the provisions of the relevant legislation, regulations, collective agreements, work rules, arbitration awards, court decisions and policies, as well as electronic copies thereof. Article 19 report form concerning gender equality and non-discrimination, family responsibilities, and maternity protection Notes 1. Governments of countries which have ratified one or several of the Conventions and from which a report is due under article 22 of the Constitution will use the present form only with regard to the Conventions not ratified, if any, and the Recommendations. It will not be necessary to repeat information already provided in reports under article 22 in connection with the Conventions ratified. The questions contained under the titles “Standard-setting action” and “Possible need for technical assistance” are addressed to all Member States. 2. Unless defined differently in the instruments covered by this report form, when reference is made to “national laws and regulations” or “provisions”, this should be understood as including laws, regulations, policies, collective agreements, court decisions or arbitration awards. 3. When reference is made to “workers with family responsibilities”, this should not be underst ood as referring only to women. 4. Where the national legislation or other provisions do not cover issues raised in this questionnaire, please provide information on current and emerging practices. Part I. Legal and institutional framework on gender equality and non-discrimination National framework on non-discrimination and maternity protection 1. Convention No. 111 and Recommendation No. 111 Please indicate any provisions in national law and practice, including policies, preventing and prohibiting discrimination in employment and occupation, specifying: whether these provisions and policies include a definition of discrimination, indicating the grounds covered [C.111: Art. 1(1)(a)–(b); R.111: Para. 1]; whether these provisions and policies cover discrimination on any of the following grounds: race, colour, sex, religion, political opinion, national extraction, or social origin [C.11 1: Art. 1(1)(a); R.111: Para. 1 ] ; how, if covered, these provisions and policies address the prevention and prohibition of sex -based discrimination, including sexual harassment [C.111: Art. 1(1)(a), Art. 2, Art. 3; R.111: Paras 1 and 2(a) – (b)] ; whether these provisions and policies cover discrimination on additional grounds [C.111: Art. 1(1)(b)]; whether legislation addresses discrimination based on more than one of the above-mentioned grounds (e.g. situations where workers are discriminated against based on their sex in addition to their national extraction or colo u r ) [C.111: Art. 1(1)(a), Art. 2, Art. 3; R.111: Para. 1] ; whether these provisions and policies apply to both the public and private sectors and cover all workers [C.111: Art. 2]; and whether and, if so, how workers ’ and employers’ organizations participate in the elaboration, evaluation and review of these policies, and the role of workers and employers and their respective organizations in the implementation of these policies [C.111: Art . 3(a)]. FORMTEXT Information already provided in the regular reports (under article 22) C.111: Art s 1 –3 and 5 R.111: Part s I and II C.156: Arts 1-4, 9 and 11 R.165: Paras 1–2, 6–8 and 15–1 7 and Part VI C.183: Art s 1, 2 and 9 R.191: Para. 5 Convention No. 156 and Recommendation No. 165 Please indicate any provisions in national law and practice, including policies, preventing and prohibiting discrimination in employment and occupation, specifying: whether these provisions and policies cover discrimination on the following grounds: marital status, family situation and family responsibilities [C.156: Arts 2–3; R.165: Paras 1–2, 6–8 and 15–16]; whether these provisions and policies apply to both the public and private sectors and cover all workers [C.156: Art. 2]; the definition given in your country to the terms “dependent child” and “ other member of the immediate family who clearly needs care or support ” in the context of any measures adopted to ensure that terms and conditions of employment are such as to enable workers with family responsibilities to reconcile their employment and family responsibilities [C.156: Art.1(3)]; include social security, tax relief or other appropriate measures that take into account the situation of workers with family responsibilities (e.g. family benefits, crediting of pension rights for periods of leave, consideration of family responsibilities in determining requirements of unemployment benefits) [C.156: Art. 4(b); R.165: Part VI]; and whether and, if so, how workers ’ and employers’ organizations participate in the elaboration, evaluation and review of these policies, and the role of workers and employers and their respective organizations in the implementation of these policies [C.156: Art. 11; R. 165: Para. 5]. According to article 12 of the Constitution of the Republic of Estonia, everyone is equal before the law. No one shall be discriminated against on the basis of nationality, race, colour, sex, language, origin, religion, political or other beliefs, property or social status, or on other grounds. The Equal Treatment Act prohibits discrimination on grounds of nationality (ethnic origin), race or colour, religion or other beliefs, age, disability or sexual orientation. According to the Equal Treatment Act, other grounds for prohibited discrimination may also be the fulfillment of family responsibilities, social status, representation of the interests of employees or membership of an association of employees, language skills or military service. According to the article 6 of the Equal Treatment Act, in professional life, cases in which an employer selects for employment or a position, hires or admits to practical training, promotes, selects for training or performance of a task or sends for training a person of one sex and overlooks a person with higher qualifications and of the opposite sex shall be deemed to be discriminatory, unless there are strong reasons for the decision of the employer or such decision arises from circumstances not related to gender. The activities of an employer shall also be deemed to be discriminatory if the employer: 1) upon making a decision mentioned above, overlooks a person or treats a person less favourably in any other way due to pregnancy, child-birth, parenting, performance of family obligations or other circumstances related to gender; 2) upon hiring, establishes conditions which put persons of one sex at a particular disadvantage compared with persons of the other sex; 3) establishes conditions for remuneration or conditions for the provision and receipt of benefits related to the employment relationship which are less favourable regarding an employee or employees of one sex compared with an employee or employees of the other sex doing the same work or work of equal value; 4) directs work, distributes work assignments or establishes working conditions such that an employee or employees of one sex are put at a particular disadvantage compared with an employee or employees of the other sex; 5) harasses a person in relation to the sex of the person or sexually, or fails to perform the obligation to ensure that employees are protected from gender-based harassment and sexual harassment in the working environment. An employer is responsible for failure to perform the duty of care if the employer was aware or should have been aware that gender-based harassment or sexual harassment occurred and failed to apply the necessary measures to terminate such harassment; 6) punishes an employee under disciplinary procedure, transfers an employee to another position, terminates an employment relationship or promotes the termination thereof due to reasons connected with gender. The Equal Treatment Act and the Gender Equality Act both apply to private and public sector. The Employment Contracts Act also stipulates that a n employer shall ensure the protection of employees against discrimination, follow the principle of equal treatment and promote equality in accordance with the Equal Treatment Act and Gender Equality Act (article 3) . Similar principle is included in the Civil Service Act (article 13). There is no specific definition for "dependent child". The general idea is that a child is person under 18 years of age and according to the Family Law Act, parents have an obligation to provide maintenance for their children. There is also no definition for “ other member of the immediate family who clearly needs care or support ”. However, there are on-going preparations to amend Social Welfare Act and to regulate who are the persons with need of care or support. There are different kind of measures for people with family responsibilities. First of all, there are different family benefits: Mother’s parental benefit : An employed mother is entitled up to 100 consecutive calendar days of the mother’s parental benefit, based on the expected date of birth of the child. An employed mother can use the mother’s parental benefit up to 70 days before the child’s expected date of birth and 30 calendar days after the child’s expected date of birth. Paternal leave and benefit : If a child is expected or has already been born to the family, the father is entitled to 30 working days of paternal leave during two months prior to the expected delivery date until the child turns three years old. Paternal benefit is paid for the time spent on paternal leave. Shared paternal benefit: A fter the end of the maternity benefit period, it is up to the mother and the father to decide which of them will continue to receive parental benefit . Shared parental benefit can be withdrawn within 475 days. This benefit may be interrupted and continued by calendar days. If the mother did not have an employment or service relationship subject to the payment of social tax prior to the birth of the child, and was therefore entitled to only 30 days of maternity leave, the duration of parental benefit to be divided is 515 days. Childbirth allowance: This allowance is paid by the local authority and the state. Local governments pay childbirth allowances to newborns – either as one payment, or in several instalments. Usually, a prerequisite applies – at least one parent must have officially lived in the same municipality for at least 6 months to a year before the child is born. The allowance payment conditions and the allowance amount differ per municipalities . National c hildbirth allowance is a one-time allowance in the amount of 320 euros paid when a child is born. In the case of triplets (or more siblings), the allowance is 1,000 euros per child (which totals to 3,000 euros in the case of triplets). Child allowance : This allowance is paid to children until they turn 16 years of age. The allowance is paid to children who continue their studies until they finish school, or until the end of that schoolyear during which they turn 19 years of age. The amount of the child allowance depends on the number of children in the family: family with one or two children eligible for the child allowance - 60 euros per child per month and family with three or more children eligible for the child allowance - 100 euros per child per month starting from the third child. Allowance for multiple birth of three or more children: If triplets or more multiple children are born in the family at the same time, the state will pay a supplement to their family. One parent, custodian, or guardian of a family raising triplets or more multiple siblings is entitled for this allowance. The amount of support is 1,000 euros per family per month, and we pay it until the children reach the age of 18 months. Allowance for a family with many children: If the family has at least three children for whom child allowance is paid for , allowance for a family with many children will also be paid . This is paid per family, and the recipient is either one of the parents, or a guardian, or the children’s custodian. A family with 3 to 6 children is paid 300 euros per month. A family with 7 or more children is paid 400 euros per month. Single parent's child allowance : The single parent child allowance is paid if your child’s birth registration does not contain any data about the child’s father, or if the other parent has officially been declared a fugitive. The single parent child allowance is 19.18 euros per month. Adoption allowance : In case of adopt ing a child, the adopter is entitled to a one-time adoption allowance in the amount of 320 euros per each adopted child. The allowance is paid to the adopter from whom the child does not descend, and who is not the spouse to the child’s other parent. The adoption allowance is not paid if the family has received the childbirth allowance for the same child. Maintenance allowance: Maintenance allowance is meant for children, whose parent or parents do not fulfil their maintenance obligation. The maintenance allowance is paid for up to 150 days and the amount paid each month is 100 euros. The maintenance allowance is paid to minors or children up to the age of 21, if they are studying. To receive the maintenance allowance, court must have issued an action securing regulation in favour of the child. Survivor’s pension: If a parent of the child has died, we pay the child a survivor's pension. You can find more information about family benefits on the Social Insurance Board’s website: https://www.sotsiaalkindlustusamet.ee/en/family-and-child-protection/kinds-family-allowances Health insurance is also provided for the state-insured persons. These are, for example: one parent living in Estonia and raising a child under the age of 3 living in Estonia or a person who uses parental leave instead of the parent and who raises a child under the age of 3 in Estonia ; one guardian or caregiver living in Estonia who has signed a written family care agreement for raising a child under the age of 3; one non-working parent living in Estonia who raises three or more children under the age of 19 living in Estonia, at least one of whom is under the age of 8 ; one parent, guardian or caregiver living in Estonia who has signed a family care agreement and who raises seven or more children under the age of 19 living in Estonia; a dependent spouse of an insured person who raises at least one child under the age of 8 or a child under the age of 8 until the completion of the first grade or at least three children under the age of 16 and does not receive childcare allowance from the state; persons receiving social benefits ; a caregiver of a disabled person to whom rural municipality or city government pays allowance for taking care of a disabled person and who do not work or receive a state pension . You can find more information about health insurance on the Health Insurance Fund’s webpage: https://www.haigekassa.ee/en/people/health-insurance With regards to the pensions , there are different ways how raising children impact pensions. It depends on the year the children are born. For c hildren born before 1991 two additional years to the pension qualifying period and a pension supplement in the extent of 1,5 yearly rate for each child are granted. For c hildren born between 1991 and 2012 a pension supplement in the extent of 3,5 yearly rates for each child is granted. For c hildren born in 2013 and later , if the parent has joined the 2nd pension pillar, an additional 4% of the average income subject to social tax per one calendar month in Estonia is paid to the pension account each month from the child’s birth until the age of three. If the parent has not joined the 2nd pension pillar, a pension supplement in the extent of 3,5 yearly rates. There is also a right to o ld-age pension under favourable conditions for a parent, spouse of a parent, guardian or caretaker, and have raised for at least eight years: a child with a moderate, severe or profound disability – five years earlier; five or more children – five years earlier; four children – three years earlier; three children – one year earlier. You can find more information about the pension system on the Social Insurance Board’s website: https://www.sotsiaalkindlustusamet.ee/en/pension-benefits/pension-types-pensions-and-benefits/raising-children-impacts-pensions Convention No. 183 and Recommendation No. 191 Please indicate any provisions in national law and practice, including policies , providing for maternity protection, specifying: any definition given in your country to the terms “child” and “woman” in the context of the implementation of maternity protection measures [C.183: Art. 1]; which are the categories of women to whom maternity protection measures apply, whether any provisions or measures have been taken or envisaged for the protection of women in atypical forms of depend e nt work [C.183: Art. 2(1)]; whether there are any categories of workers excluded from these measures as well as the reasons for their exclusion and whether the representative organizations of employers and workers concerned were consulted [C . 183: Art . 2(2) and (3)]; and whether these provisions and policies cover discrimination on the ground of maternity [C.183: Art. 9(1); R.191: Para. 5]. There is no specific definition of terms “child” and “woman”. Maternity protection is usually provided for the pregnant women or women who have a right to use maternity leave. A pregnant woman living in Estonia and whose pregnancy has been identified by a doctor or a midwife is entitled to health insurance cover. There are no exceptions to this right and the entitlement to health insurance coverage is not related to the woman’s employment situation. Parents also have a right to family benefits regardless of their employment situation. There are specific measures for pregnant and breastfeeding women who work under an employment contract that address rights of these women at the workplace. There are no categories of workers who are excluded from these measures. According to paragraph 6 of the Gender Equality Act, t he activities of an employer are deemed to be discriminatory if the employer upon making a decision listed in this section, overlooks a person or treats a person less favourably in any other way due to pregnancy, child-birth, parenting, performance of family obligations or other circumstances related to gender . 2 . Convention No. 111 and Recommendation No. 111 Please indicate any laws or regulations that limit the type of work individuals can do or exclude them from certain occupations, or otherwise limit their access to or continuation in employment [C.111: Arts 1 and 5] . FORMTEXT Information already provided in the regular reports (under article 22) C . 111: Arts 1 and 5 3. Convention No. 111 and Recommendation No. 111 Please indicate whether any special measures to promote equality of opportunity and treatment have been adopted in favour of certain groups in disadvantaged positions ( e.g. women and/or workers with family responsibilities) [C.111: Art. 5(2)] . FORMTEXT Information already provided in the regular reports (under article 22) C.111: Art. 5(2) Part II . Achieving gender equality through employment and labour rights Equal access to employment and occupation 4. Convention No. 111 and Recommendation No. 111 Equal access to training Please indicate any legislative or other measures taken to promote girls ’ and women ’ s access to education, training, and employment counselling, and information on the programmes and policies in place to improve women ’ s and men ’ s access to a wider range of jobs (e.g. training of women in non-traditionally “female” sectors) [C . 111: Arts 1, 3(b) an d 3(e); R.111: Paras 1, 2(b)(i)– (ii) and 3]. FORMTEXT Information already provided in the regular reports (under article 22) Ensuring equal access to employment and occupation and termination of employment Please indicate any legislative and other measures taken to ensure that race, colour sex, religion, political opinion, social origin and national extraction do not constitute reasons for: refusal of employment [C.111: Art. 1; R.111: Paras 1 and 2(b)(i)–(ii)]; refusal of advancement and benefits within employment [C.111: Art. 1; R.111: Para. 2(b)(iii)–(vi)]; and termination of employment [C.111: Art. 1]. ( For example, any measures to prohibit personal questions during interview processes and during employment, any measures on the non-disclosure of previous salary information, etc.) . FORMTEXT Information already provided in the regular reports (under article 22) C.111: Arts 1, 3(b) , 3(e) and 5 R .111: Paras 1, 2 and 3 5. Convention No. 156 and Recommendation No. 165 Ensuring access to training Please communicate any information on the services available to workers with family responsibilities with regard to their right to vocational training, and to provide them with counselling and information, placement services and paid educational leave arrangements (specifying whether the services are free of charge to the workers) [C.156: Arts 4 and 7; R.165: Para s 9(a) and 12–15]. Estonian Unemployment Insurance Fund offers wide variety of services for job-seekers. There are no specific services for workers with family responsibilities. You can find more information about services and benefits offered from the Unemployment Fund’s website: https://www.tootukassa.ee/en/services/job-search Ensuring equal access to employment and occupation and termination of employment Please indicate any legislative and any other measures taken to ensure that marital status, family situation and family responsibilities do not constitute reasons for: refusal of employment [C.156: Art. 3; R.165: Paras 6–8]; refusal of advancement and benefits within employment [C.156: Art. 3; R.165: Paras 6–8 and 15]; and termination of employment [C.156: Art. 8; R.165: Para. 16]. According to paragraph 3 of the Employment Contracts Act, an employer must ensure the protection of employees against discrimination, follow the principle of equal treatment and promote equality in accordance with the Equal Treatment Act and Gender Equality Act. According to paragraph 6 of the Gender Equality Act, in professional life, cases in which an employer selects for employment or a position, hires or admits to practical training, promotes, selects for training or performance of a task or sends for training a person of one sex and overlooks a person with higher qualifications and of the opposite sex shall be deemed to be discriminatory, unless there are strong reasons for the decision of the employer or such decision arises from circumstances not related to gender. The activities of an employer shall also be deemed to be discriminatory if the employer: 1) upon making a decision listed in this section, overlooks a person or treats a person less favourably in any other way due to pregnancy, child-birth, parenting, performance of family obligations or other circumstances related to gender; 2) upon hiring, establishes conditions which put persons of one sex at a particular disadvantage compared with persons of the other sex; 3) establishes conditions for remuneration or conditions for the provision and receipt of benefits related to the employment relationship which are less favourable regarding an employee or employees of one sex compared with an employee or employees of the other sex doing the same work or work of equal value; 4) directs work, distributes work assignments or establishes working conditions such that an employee or employees of one sex are put at a particular disadvantage compared with an employee or employees of the other sex; 5) harasses a person in relation to the sex of the person or sexually, or fails to perform the obligation to ensure that employees are protected from gender-based harassment and sexual harassment in the working environment. An employer is responsible for failure to perform the duty of care if the employer was aware or should have been aware that gender-based harassment or sexual harassment occurred and failed to apply the necessary measures to terminate such harassment; 6) punishes an employee under disciplinary procedure, transfers an employee to another position, terminates an employment relationship or promotes the termination thereof due to reasons connected with gender. Furthermore, paragraph 92 of the Employment Contracts Act sets out restrictions on cancellation of employment contract. An employer may not cancel an employment contract, inter alia, on the ground that the employee is pregnant or has the right to pregnancy and maternity leave and the employee performs important family obligations. In addition, paragraph 93 of the Employment Contracts Act stipulates that an employer may not cancel an employment contract with a pregnant woman or a woman who has the right to pregnancy and maternity leave, or a person who is on child care leave or adoptive parent leave due to lay-off, except upon cessation of the activities of the employer or declaration of the employer’s bankruptcy if the activities of the employer cease or upon termination of bankruptcy proceedings, without declaring bankruptcy, by abatement. An employer may not cancel an employment contract with a pregnant woman or a woman who has the right to pregnancy and maternity leave due to a decrease in the employee’s capacity for work. C . 156: Arts 3, 4 , 7 and 8 R . 165: Paras 6–8, 9(a) and 12 – 1 6 6. Convention No. 183 and Recommendation No. 191 E nsuring e qual access to employment and occupatio n and termination of employment Please indicate any legislative and other measures taken to ensure that maternity does not constitute direct or indirect reasons for: refusal of employment [C.183: Art. 9]; refusal of advancement and benefits within employment [C.183: Art. 9]; and termination of employment [C.183: Art. 8(1)]. ( For example, any measures to prohibit mandatory pregnancy tests except where required by national legislation in respect of work that is prohibited or restricted for pregnant or nursing women or where there is a significant risk to the health of the women and child .) Please see answer to question 5. C . 183: Arts 8(1) and 9 L eave 7. Convention No. 156 and Recommendation No. 165 Leave to meet family responsibilities Please indicate whether workers are entitled to other leave to meet fa mily responsibilities, such as: parental leave [C.156: Art. 4; R.165: Para. 22]; paternity leave; and leave in case of illness of family members [R.165: Para. 23]. Mother and father of the child who are working under an employment contract have a right to different kind of leaves. Mother has a right to maternity leave and parental leave. Father has a right to paternity leave and parental leave. Adoptive parents have a right to adoptive parents leave. Also, parents of a child under 14 years of age and a disabled child under 18 years of age have a right to additional child leave. In case of illness of family members, persons who have health insurance ( an employee, a civil servant, a person receiving remuneration or service fees on the basis of a contract under the law of obligations, a member of the management or controlling body of a legal person, a self-employed person, a spouse participating in the activities of a self-employed person ) can take care leave. Please indicate for each type of leave : the duration of the leave periods, the conditions of eligibility to the leave, the basis upon which the leave is granted, and other modalities of the leave (such as the use and distribution of leave between parents) [R.165: Paras 22 and 23]. Maternity leave: A woman working under an employment contract has right to maternity leave up to 100 calendar days, if a maternity leave certificate has been issued to her. Maternity leave can be taken 70 calendar days before the estimated date of birth determined by a doctor or midwife. If a woman starts using maternity leave less than 70 days before the estimated date of birth determined by a doctor or midwife, the maternity leave is shortened by the respective period. If the child is born more than 70 calendar days before the expected date of birth of the child as determined by the doctor or midwife, the woman is entitled to maternity leave for 100 consecutive calendar days from the birth of the child. Mother’s parental benefit will be paid for the period of maternity leave. Paternity leave: A father working under an employment contract has the right to paternity leave to the extent of 30 calendar days in one part or in parts during the period of time from 30 days before the estimated date of birth determined by a doctor or midwife until the child attains three years of age. The employer has the right to refuse to grant paternity leave in a part shorter than seven calendar days. If the father of a child has died, fails to perform the obligation to raise and care for the child or submits a written notice to the Social Insurance Board regarding the waiver of the father's parental benefit, the mother's spouse or registered partner is entitled to paternity leave. Father’s parental benefit will be paid for the period of paternal leave. Parental leave: A parent who is working under an employment contract and raising a child in Estonia has the right to parental leave. If a parent has been deprived of parental rights or if his or her child lives in a social welfare institution, the parent does not have the right to parental leave. Generally, one person has the right to use parental leave at a time. However, parents can take 60 calendar days of leave simultaneously. Parental leave can be taken until the child reaches the age of three years. Parental leave can be used flexibly in parts by either parent. Parent who uses parental leave has a right to parental benefit. If a child is stillborn or dies within 30 calendar days of birth, the mother and father shall be entitled to parental leave of up to 30 calendar days from the day following the child's death. Entitlement to maternity and paternity leave expires on the date of death of the child. Adoptive parents leave : An adoptive parent who adopts a child pursuant to the procedure provided for in the Family Law Act and who is not the spouse of the biological parent of the child has the right to adoptive leave. An adopter has the right to receive adoptive leave for a total of up to 70 calendar days in one part or in parts within six months as of the date of entry into force of the court judgment on adoption. The employer has the right to refuse to grant adoption leave as part of a length of less than seven calendar days. Both adoptive parents have the right to receive adoptive leave at the same time for up to 35 calendar days. If the adoptive leave is taken by both adopters at the same time, the period of adoptive leave shall be reduced according to the number of calendar days used at the same time. If a person adopts several children at the same time, he or she has the right to adoptive leave for one child of his or her choice. A parent of a foster family also has the right to receive adoption leave. The parent of the foster family acquires the right to adoptive leave as of the date of concluding the contract of the parent of the foster family. If a parent of a foster family has exercised the right to adoptive leave on behalf of one child, he or she does not have the right to receive adoptive leave upon adoption of the same child. Parent using adoptive parents leave has a right to parental benefit. Child leave Both parents have the right to parental leave for 10 working days per child until the child reaches the age of 14, but for a maximum of 30 calendar days in one calendar year for several children. If one of the parents of a child has died or there is no entry in the population register concerning the father of the child, the parent has the right to child leave for up to 20 working days per child until the child reaches the age of 14, but not more than 30 calendar days per calendar year. In the year in which a child reaches the age of 14, child leave is granted regardless of whether the child's birthday is before or after the use of child leave. There is no right to child leave if the parent's right of custody has been revoked or restricted and the parent fails to perform the obligation to raise and care for the child. The compensation for child leave for one calendar day is 50 per cent of the amount of parental benefit. The amount of one calendar day benefit calculated shall not be less than the average monthly working day rate calculated on the basis of the minimum wage established by the Government of the Republic. Child leave for parents of disabled child : The mother or father of a disabled child is entitled to one working day of child leave for the parent of the disabled child until the child reaches the age of 18. This is addition to the child leave described above. A parent of a disabled child does not have the right to child leave if the parent's right of custody of the parent has been revoked or restricted and the parent fails to perform the obligation to raise and care for the child. In the year in which a disabled child reaches the age of 18, child leave shall be granted regardless of whether the birthday of the child is before or after the use of child leave of the parent of the disabled child. The compensation for child leave for parents of disabled child for one calendar day is 100 per cent of parental benefit. The amount of one calendar day benefit calculated shall not be less than the average monthly working day rate calculated on the basis of the minimum wage established by the Government of the Republic. Care leave and care benefit: The person who has health insurance (an employee, a civil servant, a person receiving remuneration or service fees on the basis of a contract under the law of obligations, a member of the management or controlling body of a legal person, a self-employed person, a spouse participating in the activities of a self-employed person) has the right to receive the care benefit on the basis of a certificate for care leave. Thus, it is possible to take time off from work to take care of a family member in case of illness. Certificate for care leave is issued and car e benefit is paid in the following events: nursing a child of under 12 years of age or a disabled insured person of under 19 years of age for up to 14 consecutive days; nursing a child of under 12 years of age for up to 60 consecutive days, if the reason for the illness is a malignant tumour and the treatment of the child commences in a hospital. nursing a family member who is ill at home for up to 7 consecutive days; caring for a child of under 3 years of age or for a disabled child of under 16 years of age for 10 consecutive days when the person caring for the child is themselves ill or is receiving obstetrical care. The care allowance rate is 80% and the allowance is paid as of the first date of release from the performance of duties specified in the certificate for care leave. Income tax is withheld from the allowance amount. C.156: Art. 4 R.165: Paras 22–23 8. Convention No. 183 and Recommendation No. 191 Leave related to maternity Please indicate whether workers are entitled to the following leave: leave for medical examination related to pregnancy [R.191: Para. 6(6)]; and leave in case of illness, complications or risk of complications arising out of pregnancy or childbirth [C.183: Art. 5]; and maternity leave [ C.183: Art. 4; R.191: Para. 1]. According to article 10 of the Occupational Health and Safety Act, An employer is required to grant a pregnant employee time off, to be included in the working time, at the time indicated in a decision made by a doctor or a midwife for prenatal examination. Under article 18 of the Employment Contracts Act, a pregnant employee and an employee who has the right to maternity leave have the right to demand that the employer temporarily provide them with work corresponding to their state of health if the employee’s state of health does not allow for the performance of the duties prescribed in the employment contract on the agreed conditions. If the employer cannot provide the employee with work corresponding to his or her state of health, the employee may temporarily refuse to perform the duties. If a pregnant woman is unable to work due to health reasons, she can take a leave on the basis of a certificate of incapacity to work . Maternity leave has already been described in the report. Please specify the duration of maternity leave before and after childbirth, and whether the period of leave after childbirth includes a compulsory six-week period (if such period is less than six weeks, please indicate whether it has been agreed at the national level by the government and the representative organizations of employers and workers) [C.183: Art. 4(4)]. A woman working under an employment contract has right to maternity leave up to 100 calendar days, if a maternity leave certificate has been issued to her. Maternity leave can be taken 70 calendar days before the estimated date of birth determined by a doctor or midwife. If a woman starts using maternity leave less than 70 days before the estimated date of birth determined by a doctor or midwife, the maternity leave is shortened by the respective period. If the child is born more than 70 calendar days before the expected date of birth of the child as determined by the doctor or midwife, the woman is entitled to maternity leave for 100 consecutive calendar days from the birth of the child. Mother’s parental benefit will be paid for the period of maternity leave. Maternity leave is regulated by the Employment Contracts Act and the social partners were consulted during the process of drafting the legislation. Please indicate whether the appropriateness of extending the period of maternity leave is examined periodically in consultation with the representative organizations of employers and workers [C.183: Art. 11]. There is no regular discussions on extending the period of maternity leave. Related types of leave Please indicate whether workers are e ntitled to the following leave: in the case of death of the mother before the expiry of postnatal leave, is the employed father of the child entitled to take leave of a duration equal to the unexpired portion of the postnatal maternity leave? [R.191: Para. 10(1)]; in the case of sickness or hospitalization of the mother after childbirth and before the expiry of postnatal leave, and where the mother cannot look after the child, is the employed father of the child entitled to a leave of a duration equal to the unexpired portion of the postnatal maternity leave to look after the child? [R.191: Para. 10(2)]; leave for adoptive parents to look after their child [R.191: Para. 10(5)]; and parental leave [R.191: Para. 10(3) and (4) ]. There is no regulation on the use of unexpired portion of maternity leave by the father in case the mother dies or is unable to take care of the child due to sickness or hospitalization. A father has separate paternal leave (30 calendar days) and can also take parental leave (until the child turns 3 years old) after the paternal leave. Adoptive parents have a right for adoptive parents leave. Both parents have a right to parental leave. Please indicate for each type of leave : the duration of the leave periods, the conditions of eligibility to the leave, the basis upon which the leave is granted, and other modalities of the leave (such as the use and distribution of leave between parents) [R.191: Para. 10(4) and (5)]. Adoptive parents leave and parental leave have already been described under question 7. Please also indicate any measures taken to safeguard the employment and social security rights of workers who take the leave and any measures taken to encourage men and wo men workers to take such leave. Parents receive parental benefit for the time they take the parental leave. Health insurance is provided by the state to one parent of a child under three years of age. To encourage men and women to take parental leave, there have been many changes to the law to allow more flexible use of parental leave and parental benefit. Both parents are able to use parental leave, also simultaneously for a certain period. This is important to encourage more men to take parental leave. The paternal leave period has also been extended from 10 working days to 30 calendar days to enable fathers to spend more time with their family . Also, according to the Employment Contracts Act, u pon termination of maternity leave, a woman has the right to use the improved working conditions which she would have been entitled to during her absence . There are also restrictions on cancellation of the employment contract which have already been described under question 5. C.183: Arts 4–5 and 11 R . 191: Paras 1, 6(6) and 10 Benefits 9. Convention No. 156 and Recommendation No. 165 Cash benefits during leave to meet family responsibilities Please indicate whether any financial compensation, cash benefits or other type of income support is provided to workers during periods of leave of absence referred to in question 7. Please specify the categories of workers covered, the qualifying conditions, and the financing modalities of the respective benefits provided [ C . 156: Art. 4(b) ; R . 165: Paras 27 – 28 ]. Parental benefit All permanent residents of Estonia or aliens residing in Estonia on the basis of temporary residence permits or temporary right of residence are entitled to receive parental benefit. Parental benefit amount depends on the previous income of the beneficiary, but also the persons who have not worked in the period used as a basis for the calculation of the amount of benefit are entitled to receive the minimum amount of parental benefit. Payment of parental benefit commences as of the date following the final date of the certificate for maternity leave (140 days) and the benefit shall be granted for the period of 435 days as of the date on which the right to receive the benefit arises. If the mother of the child does not have the right to receive maternity benefit, parental benefit shall be granted until the day the child attains 18 months of age. As of 1 July 2020, the payments of the parental benefit may, according to the parent’s request, be suspended and resumed by calendar months until the child reaches 3 years of age. The parental benefit amount is calculated separately for each recipient, depending on their previous income. Average income is calculated based on the amount of social tax declared and paid for the applicant by the employer. When calculating the amount of parental benefit 9 months preceding the month of birth of the child is subtracted and the amount of benefit is calculated on the basis of income earned over the course of 12 months preceding those 9 months. The parental benefit is also paid if the parent did not earn any income taxable with the social tax. In this case, the benefit is paid in the amount of the minimum wage that applied on January 1st of the previous calendar year, which is 584 euros per month in 2022. If the parent earned income but the average monthly income was below the minimum salary rate, they will be paid the parental benefit equal to the minimum salary rate. The minimum monthly salary rate in 2022 is 654 euros per month. The maximum parental benefit amount is three times the average Estonian salary of the year before last year. In 2022 the maximum parental benefit is 4043,07 euros. Parental benefit is a taxable income. During receiving the parental benefit, it is allowed to earn income. If monthly income is smaller than half of the maximum benefit amount (2021,54 euros in 2022), then parental benefit amount will not decrease. Should income exceed this figure, we shall decrease the parental benefit amount paid out. Also, the state guarantees health insurance (until the child turns 3 years old) to that parent who is the recipient of allowances. Paternity benefit As of 1 July 2020 a new type of parental benefit has been introduced - an additional parental benefit for fathers. The additional parental benefit for fathers is a type of benefit paid to fathers to allow them to become more involved in raising their children. For working fathers, this also includes a 30-day leave received from their employers. The parental benefit for fathers is payed is addition to regular parental benefit but it cannot be shared between parents. Moreover, the parental benefit for fathers can be withdrawn in parallel of the mother’s maternity benefit (30 calendar days before the child’s expected date of birth) or parental benefit received by mother. Father must be on paternity leave to receive the benefit. The amount of parental benefit for fathers is 100% of father’s average income which is calculated based on payed Social Tax. However the time period for calculation benefit it exactly the same as for the regular parental benefit (also payed to mothers): we first subtract the 9 full calendar months preceding the child’s birth, and take 12 months from there as a period for the calculation. The minimum rate of parental benefit is the minimum rate of wage in force on 1 January of the previous calendar year (EUR 584 in 2022). The maximum rate of parental benefit is three times the average wages in Estonia over the previous year (EUR 4043.07 in 2022). Parental benefit and paternity benefit are benefits in cash financed from the state budget through the Ministry of Social Affairs which are paid to ensure the well-being of families with children. On 1 April 2022, changes in the parental benefit system will enter into force. This will involve a number of changes designed to make life easier and smoother for families bringing up a new citizen of the world. The following changes affecting parental benefit will enter into force on 1 April: • Parental benefit and additional parental benefit for fathers will become maternity benefit, parental benefit for fathers, and shared parental benefit. • The parent can use the shared parental benefit according to their wishes by calendar days. The father can also use the father's parental benefit by calendar days. • Parents will be able to take up to 60 days of parental leave at the same time. At this time, both parents receive parental benefit. More detailed information https://www.sotsiaalkindlustusamet.ee/en/family-child-protection/changes-family-benefits-act C . 156: Art. 4(b) R . 165: Paras 27 – 28 10. Convention No. 183 and Recommendation No. 191 Cash benefits during leave Please indicate whether any cash benefits or other type of income support is provided to women workers and workers with family responsibilities during periods of leave of absence referred to in question 8 , by any of the following means or a combination thereof: compulsory social insurance; public funds; the employer; social assistance funds; tax relief and other fiscal measures; and other means as determined by national law and practice. The Health Insurance Fund (funded by social tax) provides s ickness benefit - a benefit which is paid on the basis of a certificate of incapacity to work to an insured person, who is temporary leave from work. The sickness benefit can apply in the case of falling ill, work accident, traffic accident, or domestic injury. This benefit is also provided for pregnant women in mentioned cases. Carer’s allowance - a benefit which is paid to the insured person, who has an ailing child or family member. Parental benefit has already been described under question 9. C . 183: Arts 6 and 7 R . 191: Paras 2 – 4 Return to employment 11. Convention No. 1 56 and Recommendation No. 165 Return to work after other types of leave to meet family responsibilities Please indicate whether any measures have been adopted to ensure that workers who take parental leave do so without relinquishing employment and with their rights resulting from employment being safeguarded. Please specify whether these measures also apply to the types of leave referred to in question 7 [ C . 156: Art . 4(b); R . 165: Para . 22(1)]. When parents take parental leave, their employment contract remains valid during the period of the leave. The employer cannot change the employment contract (i.e woking conditions, pay conditions etc) without the consent of the employee. Upon interruption or termination of parental leave, the employee is entitled to the same / equivalent work and remuneration agreed with the employer before the leave. An employee who has returned from parental leave is entitled to improved working conditions. If the working conditions (incl. salary) of other colleagues have improved in the meantime, the employee who has been at home with the child must also be provided with better conditions upon his or her return. This rule does not apply in a situation where the salary of an employee has been increased due to the performance of his or her work and there has been no general salary increase independent of the contribution. An employee returning from parental leave may not be subject to a probationary period or a settling period with reduced salary. If there have been significant changes in the company, the employer is obliged to train the employee who has been on parental leave in the same way as other employees. If an employee has been absent from work for several years due to the successive birth of several children and needs to acquire the knowledge and skills that his or her colleagues have acquired in the meantime, the employer must train him or her at the employer's expense. During the training, the employee must be paid an average salary. Please also indicate any measures taken to safeguard the social security rights of workers who take the leave (e.g. the crediting of pension rights for such periods) [C . 156: Art . 4(b); R . 165: Para. 28]. Most of the information about social security rights of parents have been described under question 1. The state pays social tax for one parent, guardian or foster parent residing in Estonia and raising a child below 3 years of age residing in Estonia, or person who uses parental leave instead of a parent and who is raising a child below 3 years of age in Estonia . Therefore, t hey have state provided health insurance and three years is added to their pension accumulation period . In addition, o ne parent has a right to receive additional contributions to their funded pension, i.e. 2nd pillar account, from the birth of the child until they reach the age of three . C.156: Art. 4(b) R.165: Paras 22 (1) and 28 12. Convention No. 183 and Recommendation No. 191 Return to work after maternity or adoption leave Please indicate whether any measures of a legal and procedural nature have been adopted to ensure that women and adoptive parents, as the case may be, are guaranteed the right to return to the same position or an equivalent position paid at the same rate at the end of their maternity or adoption leave [C . 183: Art . 8(2); R . 191: Paras 5 and 10(5)] . Upon termination of maternity leave, a woman has the right to use the improved working conditions which she would have been entitled to during her absence. This is the same principle as described under question 11. Same also applies in case of adoption leave. C . 183: Art. 8(2) R . 191: Paras 5 and 10(5) Other measures to reconcile work and family responsibilities 13. Convention No. 156 and Recommendation No. 165 Other work arrangements to reconcile work and family responsibilities Please indicate any measures taken to ensure that terms and conditions of employment are such as to enable workers to reconcile their work and family responsibilities [C.156: Art. 4; R.165: Para. 17]. Employer and employee can agree on working conditions that are suitable to the employee and his/her family situation and allows the employee to reconcile work and family responsibilities (i.e remote work or flexible working time) . Amendments to the Employment Contracts Act that enter into force 1 st September 2022 are designed to provide more flexible working conditions (where it is possible) to employees with care obligations. According to this new regulation, a n employee who raises at least one child under the age of 8 or cares for a person in need of significant care or support due to a serious health problem has the right to apply for flexible working conditions, including full-time or part-time work or part-time work. Upon review of the application for flexible working conditions, the employer shall consider the needs of the employee which are reasonably compatible with the interests of the employer's enterprise. The employer shall justify the refusal to change the working conditions in a form that can be reproduced in writing within 14 calendar days as of the receipt of the application. The Employment Contract Act also foresees that a n employer shall pay an employee average wages for a reasonable period when the employee cannot perform work due to a reason arising from the employee, but not caused intentionally or due to severe negligence or if the employee cannot be expected to perform work for another reason not attributable to the employee. This provision covers situations where the employee is unable to work for a limited period of time, it means there is no long-term or permanent obstacle (for example, an unexpected family emergency where the employee's presence is necessary ). In this regard, please indicate: the extent to which measures have been taken to reduce daily working hours and overtime, provide more flexible arrangements in working schedules, rest periods and holidays, and to take family responsibilities into consideration in the assignment of shift and night work and when transferring workers from one locality to another [R.165: Paras 18–20]; whether these measures cover all workers with family responsibilities (e.g. fathers, adoptive parents, etc.) [C.156: Art . 1]; the extent to which measure s have been taken to ensure that the terms and conditions of employment, including social security coverage, of part-time and temporary workers, are, to the extent possible, equivalent to those of full-time and permanent workers respectively (and , in appropriate cases , that their entitlement is calculated on a pro-rata basis) [R.165: Para. 21(1)–(2)]; the extent to which measures have been taken to give the option to part-time workers to obtain or return to full-time employment when a vacancy exists and when the circumstances which determined assignment to part-time employment no longer exist [R.165: Para. 21(3)]; and whether these measures are provided for under national legislation, collective agreements, work rules, or through any other means [C . 156: Art. 9; R . 165: Para . 3]. Employer and employee can agree on flexible working conditions. Employee’s working conditions can be changed only when the employer and employee agree on it. The new regulation on asking for flexible working conditions is explained under previous question. The following persons have the right to demand annual holiday at a suitable time: a woman immediately before and after maternity leave or immediately after child care leave; a man immediately after child care leave or during the maternity leave of a woman; a parent raising a child of up to seven years of age; a parent raising a child of seven to ten years of age – during the child’s school holidays. These regulations apply to parents (or caretakers in some cases) working under an employment contract. Part-time and temporary employees working under an employment contract are entitled to same working conditions as all other employees. Also, payers of social tax are subject to the same minimum rate of social tax liability. In 2022, the monthly rate on which the minimum social tax liability is based is 584 euros, i.e. the minimum social tax liability for the employer is 192,72 euros per month. There are some exceptions to this rule in case of temporary work, therefore the social security coverage of temporary employees may not be the same as for the part-time and regular employees. The Employment Contract Act foresees that an employer is obligated to notify a full-time employee of the possibility of part-time work and a part-time employee of the possibility of full-time work, considering the knowledge and skills of the employee. The measures are mostly provided by the national legislation. However, there may be additional measures agreed on in the collective agreements, company rules or in individual employment contracts. C.156: Arts 1, 4 and 9 R.165: Paras 3 and 17–21 14. Convention No. 156 and Recommendation No. 165 Services (childcare and family services and facilities, home-help and home-care services) Please provide any detailed information on the measures taken to take account of the needs of workers with family responsibilities in community planning [C.156: Art. 5 ]. All Estonian children have the right to acquire high-quality pre-school education, and local governments have an obligation to ensure that all children aged 1.5–7 in their service area, whose parents so wish, have the opportunity to attend nursery school. The parents can choose which nursery school the child should be placed in, provided that there are free spots in the desired nursery school. Parents can choose between municipal and private nursery schools . Local governments try to consider the preferences of the parents when allocating spots. The rural municipality or city government first admits a child living in the service area of the nursery school, giving preference, if possible, to children whose siblings attend the same nursery school. After the admission of children living in the service area, if there are free spots, children are admitted to the nursery school from outside the service area, giving priority first to the children living in the same rural municipality or city, then to the children of parents working in the service area. The rural municipality or city government provides opportunities for the development and growth of a child with support needs in the integration group or group for children with special needs of the nursery school of the place of residence, based on the recommendations of the external advisory team. For a child under 3 years of age, a parent may apply to the local government for a place in a child care institution instead of a nursery school . Information about different social services provided by the state and local government can be found on the Ministry of Social Affair website: https://www.sm.ee/en/social-services In particular, please provide any inform ation on the measures taken to: develop childcare and family services and facilities, as well as home-help and home-care services (e.g. information on: the number of childcare and family services and facilities available in the country (including long-term facilities such as facilities and services for persons with disabilities and their families), their geographical distribution, how they are organized and staffed, the cost and method of payment, etc.) [R.165: Paras 25–26 and 33 ]; and promote the provision of services in the community, such as public transport, supply of water and energy in or near workers housing with labour-saving layout [R.165: Para. 34]. With an aim to provide support services to children with severe and profound disabilities, thereby reducing the caring burden of parents/guardians and barriers to their employment as well as promoting reconciliation of work and family life, the project “Development and Provision of Support Services for Disabled Children and Promotion of Combining Work and Family Life” was initiated in 2014 with the support by the European Social Fund (ESF). To achieve this aim, children with severe and profound disabilities are provided with childcare, support person and transport services. The number of parents/guardians who receive support is being monitored as the project’s performance indicator. As a total of 3250 parents/guardians have used at least one of the services in the period of 2014-2021. More specifically support person service was used by 2839 parent/guardian, childcare servise by 1064 and transport service by 198 parent/guardian. Number of children attending childcare by counties: The main purpose of childcare is to support a child under a parent, guardian or contract employment or subsistence of a family carer. The objectives of the childcare service are also: allow parents free time to care for their children so that they can temporarily deal with others activities; to allow the use of forms of childcare other than kindergarten that comply with the requirements established by the state minimum requirements and are safe for children. county Nr of children on childcare service Harju county 32 354 Tartu county 8 915 Ida-Viru county 5 450 Pärnu county 4 359 Lääne-Viru county 2 864 Viljandi county 2 235 Rapla county 1 652 Võru county 1 575 Saare county 1 534 Järva county 1 386 Jõgeva county 1 242 Valga county 1 126 Põlva county 1 029 Lääne county 949 Hiiu county 309 Estonia total 66 979 The parent usually pays for the childcare service. Some local authorities support parents when paying for childcare. For example, childcare allowance is paid (on the basis of an invoice) or done an agreement with the parent specifying the payment for the service. As for the parents whose children have profund or severe disability, government and local municipalities pay for the childcare service in the agreed amount. We have 8500 children with moderaate, severe and profound disabilities. Provision of social services and use of resources for children with severe and profound disabilities and their families by services (during 2020) Nr of cildren with disabilites, whose childcare service has been payed by govern Severe disability Profound disability In total: 2469 710 Childcare 601 198 Support-person 1143 192 Rehabilitation 74 6 Counceling 84 11 Social transportation 421 290 Transport 192 30 Other services 271 62 Public transport is provided by the state or local government. Supply of water and energy is also provided for most of the households in Estonia. C . 156: Art . 5 R . 165: Paras 25 – 26 and 3 3– 34 15. Convention No. 183 and Recommendation No. 191 Health protection Please indicate any legislative and practical measures taken to ensure that pregnant or breastfeeding women are not obliged to perform work which has been determined to be prejudicial to the health of the mother or the child [C.183: Art. 3; R.191: Para. 6(1)], specifying: whether alternatives are available to pregnant and breastfeeding mothers where the work they perform entails a significant risk for their health or their child’s without loss of pay [R .191: Para. 6(2)–(4)]; and whether women retain a right to return to their jobs or an equivalent job as soon as it is safe for them to do so [R.191: Para. 6(5)]. A woman may continue to work during pregnancy if the requirements and limitations provided in the 11/06/2009 regulation No. 95 of the Government of the Republic, “Occupational health and safety requirements for work performed by pregnant women and women who are breastfeeding”, are met. At the request of the employer the employee shall submit a certificate confirming pregnancy issued by a doctor or midwife. Employees who are pregnant or breastfeeding shall be allowed the use of a relaxation room where there is the possibility to lie down. If the employer becomes aware that an employee is pregnant or breastfeeding, he or she shall re-examine the risk analysis of the work performed by the pregnant or breastfeeding employee and assess risks based on the employee’s health condition. If an employer becomes aware that an employee is pregnant or breastfeeding, he or she shall assess the risks to the female worker’s health posed by any agents, work or production processes in terms of their nature, level and duration, as well as any possible effect they may have on the outcome of the pregnancy or the health of the child being breastfed. After conducting a risk assessment, the employer shall inform the female worker of the results of the risk assessment and the measures to be taken to ensure she has a safe working environment. The employer shall also conduct a risk analysis of the work of female workers who are entitled to pregnancy and maternity leave but who are not breastfeeding. The risk assessment should identify all risks that an employee is exposed to in their work and provide an adequate assessment to the risks so as not to underestimate them. In addition, the Employment Contract Act stipulates that a pregnant employee and an employee who has the right to maternity leave have the right to demand that the employer temporarily provide them with work corresponding to their state of health if the employee’s state of health does not allow for the performance of the duties prescribed in the employment contract on the agreed conditions. If the employer cannot provide the employee with work corresponding to his or her state of health, the employee may temporarily refuse to perform the duties. The employer shall assess whether the pregnant or breastfeeding employee (hereinafter female worker) may come into contact with work or risk factors that would prevent the female worker from working. If a female worker is exposed to the work or the risk factors listed below, she may refuse to perform the work. Only pregnant women who have concluded an employment contract and have health insurance can be transferred to lighter work if they have a certificate for sick leave due to their state of health. For this purpose, a doctor or midwife will issue a certificate for sick leave to the pregnant woman on the grounds of “Providing work appropriate to the condition or transferring to a lighter work”. When assessing the health risks posed to a female worker, the employer is required above all to take account of the following work: work involving a risk of falling from a height; underground work. If the risk assessment identifies a risk or if the female worker is performing work that is not permitted, the employer shall temporarily provide the female worker with work appropriate to her health condition in consultation with the female worker and, where necessary, with a doctor or midwife. Work which is not permitted for pregnant women: if there is a risk of contracting rubella, unless the pregnant woman is proved to be adequately protected against rubella through immunity; if there is a risk of contracting toxoplasmosis, unless the pregnant woman is proven to be adequately protected against toxoplasmosis through immunity; in conditions of high air pressure; with lead or lead compounds; underground work. Work which is not permitted for women who are breastfeeding with lead or lead compounds; underground work. The employee has a right to return to their job if her condition allows it. C . 183: Art. 3 R . 191: Para. 6 16. Convention No. 183 and Recommendation No. 191 Work arrangements Measures to facilitate nursing Please indicate: whether any national legislation provides for the right o f women to one or more daily breaks or a daily reduction of hours of work to breastfeed their child [C.183: Art. 10(1)]; any daily arrangement of working time prescribed for such purposes (including 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), and whether the frequency and length of nursing breaks can be adapted to particular needs [C.183: Art. 10(2); R.191: Paras 7–8]; whether these breaks or reduction of daily hours are counted as working time and remunerated accordingly [C.183: Art. 10(2)]; and whether provision is made under national law or practice for the establishment of facilities for nursing under adequate hygienic conditions at or near the workplace [R.191: Para. 9]. A breastfeeding mother is entitled to additional breaks for breastfeeding until the child is 1.5 years old. An additional break shall be granted every three hours for a period of no less than 30 minutes each time. The duration of the breastfeeding break for two or more children who are less than one and a half years old shall be no less than one hour. Breaks for feeding a child are included in the working time and average wages calculated based on the Employment Contracts Act are paid for them from the state budget through the budget of the Ministry of Social Affairs, unless the mother receives parental benefit for raising the child. The purpose of the extra break is to give the mother the opportunity to breastfeed. The additional break is for breastfeeding the child at the child’s home or another suitable place if it is not possible to feed the child at the workplace. Depending on the purpose of the breaks, the mother may also use the breaks to collect breast milk. Employees who are pregnant or breastfeeding shall be allowed the use of a relaxation room where there is the possibility to lie down. C . 183: Art. 10 R.191: Paras 7–10 Part III. Promoting gender equality in employment and occupation Raising awareness on gender equality 17. Convention No. 111 and Recommendation No. 111 Promoting understanding and acceptance of gender equality and non-discrimination Please describe any measures taken to promote information and education, which gen erate a broad public understanding of the principle of gender equality and of the problems faced by women workers and workers with family responsibilities, including information on: the measures taken to secure acceptance and observance of the principle of equality of opportunity and treatment for men and women workers [C.111: Art. 3(b ) ] . FORMTEXT Information already provided in the regular reports (under article 22) Please indicate the role of employers’ and workers’ organizations in promoting understanding, acceptance and the realization of the principle of gender equality [C.111: Art. 3 (a) ]. FORMTEXT Information already provided in the regular reports (under article 22) Convention No. 156 and Recommendation No. 165 Promoting understanding and acceptance of gender equality and non-discrimination Please describe the measures taken to promote information and education, which gen erate a broad public understanding of the principle of gender equality and of the problems faced by women workers and workers with family responsibilities, including information on: the measures taken to address stereotypes which promote the exclusions of girls/women from certain educational programmes/opportunities [C .156: Art. 6; R.165: Para. 10]; the research undertaken to provide objective information on which relevant policies and measures may be based [R.165: Paras 11(a) and 24(a)]; and educational activities that encourage the sharing of family responsibilities between men and women [R.165: Para. 11(b)] . Two applied research projects - “Glass Walls and Ceiling in the Estonian ICT Sector” in 2019-2021 and “Nudging to Support Stereotype-free Career Choices and Working Conditions” in 2020-2022 have been carried out to find new (nudging) methods for decreasing gender segregation in education and labour market, b oth co-funded by the Estonian Research Council from the European Regional Development Fund, and the Ministry of Social Affairs. The first project specifically aimed at developing and piloting nudges to increase the share of women among ICT sector students and employees. Nudges were developed and tested for three target groups – high school students, employers, and general public/parents. Policy recommendations to help to ensure women’s better access to education and career in the ICT sector were formulated and will be followed up together with tested nudges in co-operation by the Ministry of Social Affairs and the Ministry of Education and Science . The second project is focussing on developing and testing more wide-scale nudges to help teachers and career advisers in supporting and promoting career choices that are free of gender stereotypes, and to support employers in ensuring equal and fair working conditions and stereotype free recruitment and promotion. Taking also into account the results of these projects, in the framework of tackling structural problems in the Estonian labour market during the Structural Funds 2021+ period, measures are planned to be implemented to address gender segregation of educational choices and the labour market in STEM and EHW sectors, including by decreasing gender-stereotyping and by increasing co-operation between schools, vocational training institutions, recruitment agencies and employers. In spring 2021, the Ministry of Social Affairs published a series of 10 short (approx. 2-3 minutes) video-lectures with an aim to raise awareness on gender equality, violence against women, including digital violence, equal treatment of minorities and on promoting diversity. From the gender equality perspective, the lectures touched upon topics such as gender segregation of education and labour market, men`s role in promoting gender equality, gender (in)balance in politics, controlling behaviour in intimate relations, gender-based cyberviolence and children as witnesses of (domestic) violence. These so-called micro-lectures were released approximately once a week and were accompanied by a press release and/or blog entry or an entry in social media. Among measures implemented to tackle the reasons behind the gender pay gap are also legislative changes aimed at increasing flexibility of parental leave system and more equal sharing of care responsibilities by mothers and fathers, taken in recent years and gradually coming into force in 2018-2022, with a special attention in 2020 on paternity leave due to coming into force of amendments increasing its length and widening the circle of entitled fathers from July 2020. To emphasise the importance of men`s participation in carrying the care burden and to increase the take-up of the 30-calendar-day paternity leave, an applied research project has been carried out to test and thereby identify suitable nudges to achieve these aims. The project is carried out from June 2021 to March 2022 in co-operation of researchers, the Ministry of Social Affairs and the Social Insurance Board. Additionally, the Gender Equality and Equal Treatment Commissioner`s Office has been involved in two EU co-funded projects aimed at supporting parents in achieving work-life balance. The main aim of the project “Engaging employers and improving gender discrimination detection to ensure adequate protection for parents at work“ was to raise awareness of and inform employers on pregnant/parent workers’ rights and work-life balance measures, improve equality bodies` investigative techniques in pregnancy/parenthood discrimination cases, and raise awareness of labour inspectorates on discrimination of pregnant/parent workers. In the framework of a project “Towards gender equality through increased capabilities for work-life balance” a series of innovative and interactive tools are developed and tested through a behavioural science lens for their potential to increase equality by improving practical everyday skills, changing attitudes and reducing gender stereotypes, especially those related to sharing of care. With the help on the European Social Fund, the Ministry of Social Affairs has supported creating new childcare places. In 2015-2018, altogether 1193 childcare places were created all over the country to alleviate the shortage of childcare facilities. Also, during 2014-2020, the Ministry of Finance coordinated a 34 million euros funding scheme from the European Regional Fund for the construction of nearly 2200 new places in childcare facilities and kindergartens in the three major urban areas of Estonia. The Government is also working towards easing the care burden of caregivers and facilitate their participation in employment. In autumn 2017, the Government made a decision to finance the most urgent long-term care measures. Among these were, for example, a state financed daily and weekly special care service for people at working age with multiple disability, providing new service places in care homes to elderly with dementia, piloting of care coordination for people with care needs from health and welfare sectors and introduction of care leave for family members caring for an adult with profound disability. At the end of 2018, the Government discussed an additional action plan for changes in the long-term care system with the main aim to increase the availability of long-term care services to reduce the care burden on informal carers and through that, support the reconciliation of work and care. The long-term care concept together with financing scheme and proposals how to support informal carers were approved by the Cabinet of Ministers respectively in 2020 and 2021. With the changes in Social Welfare Act (currently in the Parliamentary reading and expected to enter into force in the 2022) the definition of long-term care shall be established, as well as requirement for local governments (who are responsible for organising care services) to prefer home services to institutional care. In addition, local governments shall be obliged to assess the need for support for a person with care burden, and second degree relatives (i.e. grandchildren) shall be released from the maintenance obligation towards their grandparents. Measures in financing (including component-based remuneration of general care, sustainability of long-term care financing schemes) have also been discussed in the Cabinet of Ministers and the Ministry of Social Affairs has been tasked to develop legislative changes of support package for carers (i.e. link the right to care leave to care recipient’s actual need for care instead of a profound disability and increase compensation rate, also encourage caregivers part-time working through tax incentives for employers etc.), create a component-based financing scheme for general care service provided outside home and a standardized assessment tool by the end of 2022. According to Statistics Estonia 2 800 men and 11 900 women did not work due to care burden in 2020, while approximately 53 500 people (21 600 men and 31 900 women) assisted or cared for their relatives. About 19 400 people (5 400 men and 14 000 women) assisted or cared for their members of the family 20 hours a week or more. Approximately 3 300 persons with care burden would have liked to be in employment. According to 2020 survey of population activity restrictions and need for care , 22 % of people living in Estonia have a care burden, and 10 % of them take care of and help their household member (around 99 100 – 125 100 persons) and approximately 8 % of the population take care of their adult household member. Also, more general awareness raising activities, targeting among others also policymakers, employers and educationalists, are necessary to support decreasing gender inequality in the society, including reducing the gender pay gap. At the beginning of December 2021, a virtual gender equality competence centre , developed by the Ministry of Social Affairs in the framework of the Norway Grants project, was made public. The aim of the centre is to make information about gender equality, including principles, legislation, notions, indicators, studies, relevance in different policy fields, etc., easily available to both the public but also more specifically to policymakers, educationalists and employers. In 2022, training module enabling self-learning will be made available to at least one main target group of the centre. In December 2021, an electronic collection of articles “Towards a Balance Society. Women and Men in Estonia” was published. The aim of this third such compilation is to analyse gender equality situation and developments in different fields during the last 10 years. Articles focus on topics such as women and men in the labour market, work-life balance, women among founders of start-ups, gender dimension of a migration, gender and health, gender aspects of ageing, women in politics, civil society and activism, gender and environment, gender-based violence, sexual harassment, education and gender equality, women in science, equal opportunities for women and men in performing and audio-visual arts, gender in music, social media and traditional media. Please indicate the role of employers’ and workers’ organizations in promoting understanding, acceptance and the realization of the principle of gender equality [C . 156: Art. 11; R . 165: Para. 5]. Social partners are included in the process of designing different measures and they provide feedback on the implementation of the measures. Social partners also draw attention to the need for new measures and make proposals. C . 111: Art. 3 (a) and (b) R.111: Paras 2–5 C.156: Arts 6 and 11 R.165: Paras 5, 10–11 , and 24 Implementation, monitoring and enforcement 18. Convention No. 111 and Recommendation No. 111 Please indicate how it is ensured that any laws and policies addressing discrimination based on race, colour, sex, religion, political opini o n, national extraction, or social origin or other g r o unds as per Article 1(1)(b) of C . 111, and promoting gender equality, are effectively monitored and implemented in practice [R.111: Para . 10]. FORMTEXT Information already provided in the regular reports (under article 22) In particular, please provide information on relevant activities of the following institutions: the labour inspectorate (e.g. trainings on gender equality, creation of special labour inspectorate task fo rces on gender equality, etc.); equality or other specialized bodies (including information on their mandate, their functioning and their accessibility to the workers); courts (including information on whether any special procedural arrangements may apply such as special constitutional procedures; the reversal of the burden of proof; and on whether specific references to the i nternational l abour s tandards covered by this questionnaire have bee n made in court decisions); and other bodies competent to address dispute prevention and resolution (e.g. ombudsperson, etc.). FORMTEXT Information already provided in the regular reports (under article 22) Please provide information on the manner in which the participation of employers’ and workers’ organizations is ensured in practice in equality or other specialized bodies [R.111: Para. 9] . FORMTEXT Information already provided in the regular reports (under article 22) Convention No. 156 and Recommendation No. 165 Please indicate how it is ensured that any laws and policies addressing discrimination based on marital status, family situation, and family responsibilities, and promoting gender equality, are effectively monitored and enforced in practice [C.156: Arts 9 and 10]. The Commissioner monitors compliance with the requirements of the Gender Equality Act and the Equal Treatment Act, as well as supervises both the public and private sector. In case a person suspects that she/he is being discriminated against, they can initiate legal proceedings in court or submit an application to a labour dispute committee. In particular, please provide information on relevant activities of the following institutions: the labour inspectorate (e.g. trainings on gender equality, creation of special labour inspectorate task fo rces on gender equality, etc.); equality or other specialized bodies (including information on their mandate, their functioning and their accessibility to the workers); courts (including information on whether any special procedural arrangements may apply such as special constitutional procedures; the reversal of the burden of proof; and on whether specific references to the international labour standards covered by this questionnaire have bee n made in court decisions); and other bodies competent to address dispute prevention and resolution (e.g. ombudsperson, etc.). The Commissioner for Equal Opportunities is an independent and impartial official who advises and assists anyone who feels they have been discriminated against. In her work, the Commissioner is supported by the Commissioner’s office. If there is a suspection of discriminat ion on the basis of gender, age, nationality, skin colour, religion, beliefs, disability, sexual orientation, parenting, family responsibilities, or trade union membership, the person being discriminated against can contact the office in writing or arrange an appointment. The Commissioner monitors compliance with the requirements of the Gender Equality Act and the Equal Treatment Act, as well as supervises both the public and private sector. If a person is seeking redress for discrimination, the Commissioner will assist him/her with legal action or referral to the labour dispute committee. The Commissioner does not impose any penalties or determine any compensations herself. However, the Commissioner’s opinion can be used as a valid argument in court. By explaining and promoting, the Commissioner and the Commissioner’s Office raise awareness of the need for equal treatment and also advise and train employers. According to the Gender Equality Act, in case of discrimination occurs, discriminated person can intiate legal proceedings in court or submit an application to a labour dispute committee. Discrimination disputes can also be resolved by the Chancellor of Justice by way of conciliation proceedings . If the rights of a person have been violated due to discrimination, he or she may demand from the person who has violated the rights that the harmful activity be terminated and that the damage be compensated for . An injured party may demand that, in addition, a reasonable amount of money be paid to the party as compensation for non-patrimonial damage caused by the violation. Persons applying for employment or service with whom the employer did not enter into an employment contract or a contract for the provision of services or who were not appointed or elected to office on grounds of sex shall not have the right to demand entry into an employment contract or a contract for the provision of services or appointment or election to office. There is also a shared burden of proof in discrimination cases. An application of a person addressing a court, a labour dispute committee or the Gender Equality and Equal Treatment Commissioner shall set out the facts on the basis of which it can be presumed that discrimination based on sex has occurred. In the course of proceedings, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment. If the person refuses to provide proof, such refusal shall be deemed to be equal to acknowledgement of discrimination by the person. The shared burden of proof does not apply in administrative or criminal proceedings. Please provide information on the manner in which the participation of employers’ and workers’ organizations is ensured in practice in equality or other specialized bodies [C.156: Art. 11]. Social partners are generally involved in the design of different measures for preventing discrimination. However, there is no such equality body where different actors are represented. Social partners are included in the work of labour dispute committee as lay assessors (a representative of employees proposed by federations of occupational and professional associations of employees and a representative of employers proposed by central federations of employe r). Lay assessors are the independent representatives of the social partners, who are involved in the discussion of labor dispute s in a l abor d ispute c ommittee Convention No. 183 Please indicate how it is ensured that the laws and policies addressing discrimination based on maternity are effectively monitored and e nforced in practice [C.183: Arts 9 and 12]. The Commissioner monitors compliance with the requirements of the Gender Equality Act and the Equal Treatment Act, as well as supervises both the public and private sector. In case a person suspects that she/he is being discriminated against, they can initiate legal proceedings in court or s ubmit an application to a labour dispute committee . Please indicate any relevant legal, including procedural, measures by virtue of which protection against unlawful termination of employment based on maternity is provided, specifying the remedies afforded in case of unjust dismissal. According to the Employment Contracts Act, an employer may not cancel an employment contract with a pregnant woman or a woman who has the right to maternity leave, or a person who is on paternity leave, adoptive parent leave or parental leave due to lay-off, except upon cessation of the activities of the employer or declaration of the employer’s bankruptcy if the activities of the employer cease or upon termination of bankruptcy proceedings, without declaring bankruptcy, by abatement. An employer may not cancel an employment contract with a pregnant woman or a woman who has the right to maternity leave due to a decrease in the employee’s capacity for work. Also, an employer may not cancel an employment contract on the ground that the employee is pregnant or has the right to maternity leave. Unless the employer proves that it cancelled an employment contract on a basis permitted in the Employment Contract Act, the employment contract will be deemed to have been cancelled on the ground that the employee is pregnant or has the right to maternity leave if the employee is pregnant or raising a child under three years of age. An action with the court or an application with a labour dispute committee for establishment of voidness of cancellation must be filed within 30 calendar days as of the receipt of the declaration of cancellation. If a court or labour dispute committee establishes that cancellation of an employment contract is void due to the absence of a legal basis or the non-conformity with the law or nullified due to a conflict with the principle of good faith, it shall be deemed that the contract has not expired by cancellation. In this case, the court or labour dispute committee shall, at the request of the employee or the employer, terminate the employment contract as of the time when it would have expired in the case of validity of the cancellation. The court or labour dispute committee will not satisfy the employer’s request to terminate the employment contract if, at the time of the cancellation, the employee is pregnant or has the right to maternity leave, unless it is reasonably not possible considering mutual interests. Upon unlawful cancellation of an employment contract, if the employment relationship continues, an employee has the right to demand compensation for damage, in particular wages not received. The part obtained by way of different use of the employee’s labour force may be deducted from the compensation. If the court or labour dispute committee terminates an employment contract, an employer shall pay an employee compensation in the amount of three months’ average wages of the employee. The court or labour dispute committee may change the amount of the compensation, considering the circumstances of the cancellation of the employment contract and the interests of both parties. If the court or labour dispute committee terminates an employment contract with an employee who is pregnant, who has the right to pregnancy and maternity leave or who has been elected as the employees' representative, the employer shall pay the employee compensation in the amount of 12 months’ average wages of the employee. The court or labour dispute committee may change the amount of the compensation, considering the circumstances of the cancellation of the employment contract and the interests of both parties. Please indicate whether the burden of proving that the reasons for dismissal are unrelated to maternity shall rest on the employer [C . 183: Arts 8 and 12] . A n employer may not cancel an employment contract on the ground that the employee is pregnant or has the right to maternity leave. Unless the employer proves that it cancelled an employment contract on a basis permitted in the Employment Contract Act, the employment contract will be deemed to have been cancelled on the ground that the employee is pregnant or has the right to maternity leave if the employee is pregnant or raising a child under three years of age. Therefore the employer has the burden of proving the reasons for dismissal are unrelated to maternity. R.111: Para s 9 and 10 C.156: Art s 9 –11 C.183: Arts 8, 9 and 12 Informational collection 19. Convention No. 111 and Recommendation No. 111 Please indicate whether the following information , including statistics, is collected (and if so, please communicate such information): information disaggregated by sex on the number of cases of discrimination brought to court (in particular based on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin), the number of complaints filed and the follow up given to these complaints (outcome, sanctions imposed and reparations awarded) [C .111: Arts 1–3;R.111: Para. 1]. FORMTEXT Information already provided in the regular reports (under article 22) Convention No. 156 and Recommendation No. 165 Please indicate whether the following information is collected (and if so, please communicate such information): information disaggregated by sex on the number of cases of discrimination brought to court (in particular based on the grounds of marital status, family situation or family responsibilities), the number of complaints filed and the follow up given to these complaints (outcome, sanctions imposed and reparations awarded) [C.156: Art. 3; R.165: Paras 6–8]; information on the number of women and men in employment by parental status, number and age of children, household composition, including information on related working conditions (e.g. occupation, industry, type of contract, public/private, number of hours of work, earnings) [R.165 : Paras 17–18]; information disaggregated by sex on the number of workers eligible for family or care leave, and the number of workers benefiting from such leave [R.165: Paras 22–23]; information on the number of workers with family responsibilities, collected to ascertain their needs and preferences for childcare and family services and facilities, and home help and home care; [C.156: Art. 5; R.165: Paras 24–26]; information on the number of workers in part - time employment, and on other flexible arrangements as regards working schedule rest periods, working hours and holidays, disaggregated by age and sex [R.165: Para. 21]; any other research into the various aspects of the employment of workers with family responsibilities with a view to providing objective information on which sound policies and measures may be based [R.165: Para. 11(a)] ; and any other research conducted on the sharing of family responsibilities between men and women [R.165: Para. 11(b)]. Relevant statistics (that are available) are included in the Annex 1. Convention No. 183 and Recommendation No. 191 Please indicate whether the following information , including statistics, is collected (and if so, please communicate such information): information disaggregated by sex on the number of cases of discrimination brought to court (in particular based on the grounds of maternity), the number of complaints filed and the follow up given to these complaints (outcome, sanctions imposed and reparations awarded) [C.183: Arts 8–9; R.191: Para. 5]; information on the number of women in employment, including information on the number of women in atypical forms of dependent work (e.g. home work, casual work, temporary work, etc.) [C.183: Art. 2(1)]; and information disaggregated by sex on the number of workers eligible for maternity- related leave, and the number of workers benefiting from such leave [C.183: A rts 3–4; R.191: Paras 1 and 10]. Relevant statistics (that are available) are included in the Annex 1. C . 111: Arts 1–3 R . 111: Para. 1 C . 156: Arts 3 and 5 R . 165: Paras 6 –8, 11, 17 – 18 , 21–23 and 2 4 –26 C . 183: Arts 2 , 3–4, 6 and 8–9 R . 191: Paras 1, 5 and 10 The way forward 20. Optional question Please provide information on your country’s strategy ( e.g. national plan) for the attainment of the Sustainable Development Goals (SDGs), in particular SDG 5 , target 5.1 – Achieve gender equality and emp ower all women and girls, and on the national reviews that may have b ee n conducted on the implementation of the Beijing Declaration and Platform for Action for Beijing+25. As a general approach, Estonia does not have separate national action plans for different policy areas, but rather the strategic measures are integrated into overarching strategic policy documents. Gender equality is one of the four sub-goals of “Welfare Development Plan for 2016-2023“. The gender equality policies of the development plan are implemented through the four-year rolling Gender Equality Programme(s). Implementation of the development plan and the programme(s) is monitored through indicators. Gender equality measures planned in the development plan and the programme(s) vary from awareness raising to legislative initiatives, including both special measures to promote gender equality and activities that support the implementation of gender mainstreaming. To reduce gender inequality, prevent its resurgence, and achieve gender equality in different spheres of life, attention is paid to reducing gender stereotypes; reducing gender segregation in education and the labour market; supporting the economic independence of men and women; reducing gender pay gap; achieving a gender balance on the decision-making levels of society; enhancing the protection of rights; and ensuring institutional capacity to promote gender equality. The last national review on the implementation of the Beijing Declaration and Platform for Action for Beijing+25 was conducted in 2019: https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/CSW/64/National-reviews/Estonia.pdf?fbclid=IwAR2CwdJ18KmL3j4kRb2okLyK_YxL0m2rkVAYwx7YTL8e0_DiFMMXgFBcib0 21. Prospects for and obstacles to ratification Please provide information on any prospects of ratification and identify the challenges or obstacles regarding the possible ratification of any of the Conventions co vered by the questionnaire (Nos 111, 156 and 183), and indicate any measures taken or envisaged to overcome these obstacles . Currently there are no plans to ratify the Conventions Nos 156 and 183. Estonia has already ratified the Convention 111. 22. Standard-setting action Are there any existing gaps or inconsistencies that should be addressed by future standard-setting discussions in regard to the instruments to which this questionnaire relates. There are no such gaps. 23. Possible need for technical assistance Please indicate whether your country has formulated any requests for technical assistance by the ILO to give effect to the provisions of the instruments covered by this questionnaire? If, so please provide information on the effect of this support. Please also indicate the manner in which the ILO could best provide appropriate assistance within its mandate to support countries’ efforts to promote gender equality at work. There is no need for ILO’s technical assistance. 24. Please indicate the representative employers’ or workers’ organizations to which copies of the present questionnaire have been communicated in accordance with article 23(2) of the ILO Constitution and indicate whether you have received observations from such organizations concerning the effect given, or to be given, to any of the instruments to which this questionnaire relates. If so, please communicate a copy of the observations received together with any comments that you may consider useful. Copies of the present report have been communicated with the Estonian Trade Unions Confederation and the Estonian Employers’ Confederation. C onvention No. 111 Discrimination (Employment and Occupation) Convention, 1958 (No. 111) 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 Forty-second Session on 4 June 1958, and Having decided upon the adoption of certain proposals with regard to discrimination in the field of employment and occupation, 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, and Considering that the Declaration of Philadelphia affirms that all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity, and Considering further that discrimination constitutes a violation of rights enunciated by the Universal Declaration of Human Rights, adopts this twenty-fifth day of June of the year one thousand nine hundred and fifty-eight the following Convention, which may be cited as the Discrimination (Employment and Occupation) Convention, 1958: Article 1 1. For the purpose of this Convention the term discrimination includes — any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers' and workers' organisations, where such exist, and with other appropriate bodies. 2 . distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination. 3. For the purpose of this Convention the terms employment and occupation include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. Article 2 Each Member for which this Convention is in force undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. Article 3 Each Member for which this Convention is in force undertakes, by methods appropriate to national conditions and practice — to seek the co-operation of employers' and workers' organisations and other appropriate bodies in promoting the acceptance and observance of this policy; to enact such legislation and to promote such educational programmes as may be calculated to secure the acceptance and observance of the policy; to repeal any statutory provisions and modify any administrative instructions or practices which are inconsistent with the policy; to pursue the policy in respect of employment under the direct control of a national authority; to ensure observance of the policy in the activities of vocational guidance, vocational training and placement services under the direction of a national authority; to indicate in its annual reports on the application of the Convention the action taken in pursuance of the policy and the results secured by such action. Article 4 Any measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State shall not be deemed to be discrimination, provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice. Article 5 1. Special measures of protection or assistance provided for in other Conventions or Recommendations adopted by the International Labour Conference shall not be deemed to be discrimination. 2. Any Member may, after consultation with representative employers' and workers' organisations, where such exist, determine that other special measures designed to meet the particular requirements of persons who, for reasons such as sex, age, disablement, family responsibilities or social or cultural status, are generally recognised to require special protection or assistance, shall not be deemed to be discrimination. Article 6 Each Member which ratifies this Convention undertakes to apply it to non-metropolitan territories in accordance with the provisions of the Constitution of the International Labour Organisation. Article 7 The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. Article 8 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 9 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 10 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. 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 11 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. Article 12 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 13 1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides: 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 9 above, if and when the new revising Convention shall have come into force; 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 14 The English and French versions of the text of this Convention are equally authoritative. Convention No. 1 56 Workers with Family Responsibilities Convention, 1981 (No. 156) 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 Sixty-seventh Session on 3 June 1981, and Noting the Declaration of Philadelphia concerning the Aims and Purposes of the International Labour Organisation which recognises that "all human beings, irrespective of race, creed or sex, have the right to pursue their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity", and Noting the terms of the Declaration on Equality of Opportunity and Treatment for Women Workers and of the resolution concerning a plan of action with a view to promoting equality of opportunity and treatment for women workers, adopted by the International Labour Conference in 1975, and Noting the provisions of international labour Conventions and Recommendations aimed at ensuring equality of opportunity and treatment for men and women workers, namely the Equal Remuneration Convention and Recommendation, 1951, the Discrimination (Employment and Occupation) Convention and Recommendation, 1958, and Part VIII of the Human Resources Development Recommendation, 1975, and Recalling that the Discrimination (Employment and Occupation) Convention, 1958, does not expressly cover distinctions made on the basis of family responsibilities, and considering that supplementary standards are necessary in this respect, and Noting the terms of the Employment (Women with Family Responsibilities) Recommendation, 1965, and considering the changes which have taken place since its adoption, and Noting that instruments on equality of opportunity and treatment for men and women have also been adopted by the United Nations and other specialised agencies, and recalling, in particular, the fourteenth paragraph of the Preamble of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979, to the effect that States Parties are " aware that a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women", and Recognising that the problems of workers with family responsibilities are aspects of wider issues regarding the family and society which should be taken into account in national policies, and Recognising the need to create effective equality of opportunity and treatment as between men and women workers with family responsibilities and between such workers and other workers, and Considering that many of the problems facing all workers are aggravated in the case of workers with family responsibilities and recognising the need to improve the conditions of the latter both by measures responding to their special needs and by measures designed to improve the conditions of workers in general, and Having decided upon the adoption of certain proposals with regard to equal opportunities and equal treatment for men and women workers: workers with family responsibilities, which is the fifth item on the agenda of the session, and Having determined that these proposals shall take the form of an international Convention, adopts this twenty-third day of June of the year one thousand nine hundred and eighty-one the following Convention, which may be cited as the Workers with Family Responsibilities Convention, 1981: Article 1 1. This Convention applies to men and women workers with responsibilities in relation to their dependent children, where such responsibilities restrict their possibilities of preparing for, entering, participating in or advancing in economic activity. 2. The provisions of this Convention shall also be applied to men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support, where such responsibilities restrict their possibilities of preparing for, entering, participating in or advancing in economic activity. 3. For the purposes of this Convention, the terms dependent child and other member of the immediate family who clearly needs care or support mean persons defined as such in each country by one of the means referred to in Article 9 of this Convention. 4. The workers covered by virtue of paragraphs 1 and 2 of this Article are hereinafter referred to as workers with family responsibilities. Article 2 This Convention applies to all branches of economic activity and all categories of workers. Article 3 1. With a view to creating effective equality of opportunity and treatment for men and women workers, each Member shall make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. 2. For the purposes of paragraph 1 of this Article, the term discrimination means discrimination in employment and occupation as defined by Articles 1 and 5 of the Discrimination (Employment and Occupation) Convention, 1958. Article 4 With a view to creating effective equality of opportunity and treatment for men and women workers, all measures compatible with national conditions and possibilities shall be taken — to enable workers with family responsibilities to exercise their right to free choice of employment; and to take account of their needs in terms and conditions of employment and in social security. Article 5 All measures compatible with national conditions and possibilities shall further be taken — to take account of the needs of workers with family responsibilities in community planning; and to develop or promote community services, public or private, such as child-care and family services and facilities. Article 6 The competent authorities and bodies in each country shall take appropriate measures to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities, as well as a climate of opinion conducive to overcoming these problems. Article 7 All measures compatible with national conditions and possibilities, including measures in the field of vocational guidance and training, shall be taken to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities. Article 8 Family responsibilities shall not, as such, constitute a valid reason for termination of employment. Article 9 The provisions of this Convention may be applied by laws or regulations, collective agreements, works rules, arbitration awards, court decisions or a combination of these methods, or in any other manner consistent with national practice which may be appropriate, account being taken of national conditions. Article 10 1. The provisions of this Convention may be applied by stages if necessary, account being taken of national conditions: Provided that such measures of implementation as are taken shall apply in any case to all the workers covered by Article 1, paragraph 1. 2. Each Member which ratifies this Convention shall indicate in the first report on the application of the Convention submitted under Article 22 of the Constitution of the International Labour Organisation in what respect, if any, it intends to make use of the faculty given by paragraph 1 of this Article, and shall state in subsequent reports the extent to which effect has been given or is proposed to be given to the Convention in that respect. Article 11 Employers' and workers' organisations shall have the right to participate, in a manner appropriate to national conditions and practice, in devising and applying measures designed to give effect to the provisions of this Convention. Article 12 The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. Article 13 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 14 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 15 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. 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 16 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. Article 17 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 18 1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides: 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 14 above, if and when the new revising Convention shall have come into force; 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 19 The English and French versions of the text of this Convention are equally authoritative. Convention No. 183 Maternity Protection Convention, 2000 (No. 183 ) The General Conference of the International Labour Organization, 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 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 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 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 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 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 purposes of this Convention, the term woman applies to any female person without discrimination whatsoever and the term child applies to any child without discrimination whatsoever. Article 2 1. This Convention applies to all employed women, including those in atypical forms of dependent work. 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. 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. HEALTH PROTECTION Article 3 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. MATERNITY LEAVE Article 4 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. 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, 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. 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. LEAVE IN CASE OF ILLNESS OR COMPLICATIONS Article 5 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. BENEFITS Article 6 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. 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. 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 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. 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. 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. 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. 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:: 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 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 no lower than a rate payable for sickness or temporary disability in accordance with national laws and regulations. 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. EMPLOYMENT PROTECTION AND NON-DISCRIMINATION Article 8 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. 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 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. 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: prohibited or restricted for pregnant or nursing women under national laws or regulations; or where there is a recognized or significant risk to the health of the woman and child. BREASTFEEDING MOTHERS Article 10 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. 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 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. 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 PROVISIONS Article 13 This Convention revises the Maternity Protection Convention (Revised), 1952. Article 14 The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. Article 15 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. 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. Article 16 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 17 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. 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 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. Article 19 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 20 1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides: 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; 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 authoritative. Recommendation No. 111 Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111) 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 Forty-second Session on 4 June 1958, and Having decided upon the adoption of certain proposals with regard to discrimination in the field of employment and occupation, which is the fourth item on the agenda of the session, and Having determined that these proposals shall take the form of a Recommendation supplementing the Discrimination (Employment and Occupation) Convention, 1958, adopts this twenty-fifth day of June of the year one thousand nine hundred and fifty-eight, the following Recommendation, which may be cited as the Discrimination (Employment and Occupation) Recommendation, 1958: The Conference recommends that each Member should apply the following provisions: I. Definitions 1. (1) For the purpose of this Recommendation the term discrimination includes — any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers' and workers' organisations, where such exist, and with other appropriate bodies. (2) Any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof is not deemed to be discrimination. (3) For the purpose of this Recommendation the terms employment and occupation include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. II. Formulation and Application of Policy 2. Each Member should formulate a national policy for the prevention of discrimination in employment and occupation. This policy should be applied by means of legislative measures, collective agreements between representative employers' and workers' organisations or in any other manner consistent with national conditions and practice, and should have regard to the following principles: the promotion of equality of opportunity and treatment in employment and occupation is a matter of public concern; all persons should, without discrimination, enjoy equality of opportunity and treatment in respect of — access to vocational guidance and placement services; access to training and employment of their own choice on the basis of individual suitability for such training or employment; advancement in accordance with their individual character, experience, ability and diligence; security of tenure of employment; remuneration for work of equal value; conditions of work including hours of work, rest periods, annual holidays with pay, occupational safety and occupational health measures, as well as social security measures and welfare facilities and benefits provided in connection with employment; government agencies should apply non-discriminatory employment policies in all their activities; employers should not practise or countenance discrimination in engaging or training any person for employment, in advancing or retaining such person in employment, or in fixing terms and conditions of employment; nor should any person or organisation obstruct or interfere, either directly or indirectly, with employers in pursuing this principle; in collective negotiations and industrial relations the parties should respect the principle of equality of opportunity and treatment in employment and occupation, and should ensure that collective agreements contain no provisions of a discriminatory character in respect of access to, training for, advancement in or retention of employment or in respect of the terms and conditions of employment; employers' and workers' organisations should not practise or countenance discrimination in respect of admission, retention of membership or participation in their affairs. 3. Each Member should — ensure application of the principles of non-discrimination — in respect of employment under the direct control of a national authority; in the activities of vocational guidance, vocational training and placement services under the direction of a national authority; promote their observance, where practicable and necessary, in respect of other employment and other vocational guidance, vocational training and placement services by such methods as — encouraging state, provincial or local government departments or agencies and industries and undertakings operated under public ownership or control to ensure the application of the principles; making eligibility for contracts involving the expenditure of public funds dependent on observance of the principles; making eligibility for grants to training establishments and for a licence to operate a private employment agency or a private vocational guidance office dependent on observance of the principles. 4. Appropriate agencies, to be assisted where practicable by advisory committees composed of representatives of employers' and workers' organisations, where such exist, and of other interested bodies, should be established for the purpose of promoting application of the policy in all fields of public and private employment, and in particular — to take all practicable measures to foster public understanding and acceptance of the principles of non-discrimination; to receive, examine and investigate complaints that the policy is not being observed and, if necessary by conciliation, to secure the correction of any practices regarded as in conflict with the policy; and to consider further any complaints which cannot be effectively settled by conciliation and to render opinions or issue decisions concerning the manner in which discriminatory practices revealed should be corrected. 5. Each Member should repeal any statutory provisions and modify any administrative instructions or practices which are inconsistent with the policy. 6. Application of the policy should not adversely affect special measures designed to meet the particular requirements of persons who, for reasons such as sex, age, disablement, family responsibilities or social or cultural status are generally recognised to require special protection or assistance. 7. Any measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State should not be deemed to be discrimination, provided that the individual concerned has the right to appeal to a competent body established in accordance with national practice. 8. With respect to immigrant workers of foreign nationality and the members of their families, regard should be had to the provisions of the Migration for Employment Convention (Revised), 1949, relating to equality of treatment and the provisions of the Migration for Employment Recommendation (Revised), 1949, relating to the lifting of restrictions on access to employment. 9. There should be continuing co-operation between the competent authorities, representatives of employers and workers and appropriate bodies to consider what further positive measures may be necessary in the light of national conditions to put the principles of non-discrimination into effect. III. Co-ordination of Measures for the Prevention of Discrimination in All Fields 10. The authorities responsible for action against discrimination in employment and occupation should co-operate closely and continuously with the authorities responsible for action against discrimination in other fields in order that measures taken in all fields may be co-ordinated. Recommendation No. 165 Workers with Family Responsibilities Recommendation, 1981 (No. 165) 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 Sixty-seventh Session on 3 June 1981, and Noting the Declaration of Philadelphia concerning the Aims and Purposes of the International Labour Organisation which recognises that all human beings, irrespective of race, creed or sex, have the right to pursue their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity, and Noting the terms of the Declaration on Equality of Opportunity and Treatment for Women Workers and of the resolution concerning a plan of action with a view to promoting equality of opportunity and treatment for women workers, adopted by the International Labour Conference in 1975, and Noting the provisions of international labour Conventions and Recommendations aimed at ensuring equality of opportunity and treatment for men and women workers, namely the Equal Remuneration Convention and Recommendation, 1951, the Discrimination (Employment and Occupation) Convention and Recommendation, 1958, and Part VIII of the Human Resources Development Recommendation, 1975, and Recalling that the Discrimination (Employment and Occupation) Convention, 1958, does not expressly cover distinctions made on the basis of family responsibilities, and considering that supplementary standards are necessary in this respect, and Noting the terms of the Employment (Women with Family Responsibilities) Recommendation, 1965, and considering the changes which have taken place since its adoption, and Noting that instruments on equality of opportunity and treatment for men and women have also been adopted by the United Nations and other specialised agencies, and recalling, in particular, the fourteenth paragraph of the Preamble of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979, to the effect that States Parties are aware that a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women, and Recognising that the problems of workers with family responsibilities are aspects of wider issues regarding the family and society which should be taken into account in national policies, and Recognising the need to create effective equality of opportunity and treatment as between men and women workers with family responsibilities and between such workers and other workers, and Considering that many of the problems facing all workers are aggravated in the case of workers with family responsibilities and recognising the need to improve the conditions of the latter both by measures responding to their special needs and by measures designed to improve the conditions of workers in general, and Having decided upon the adoption of certain proposals with regard to equal opportunities and equal treatment for men and women workers: workers with family responsibilities, which is the fifth item on the agenda of the session, and Having determined that these proposals shall take the form of a Recommendation, adopts this twenty-third day of June of the year one thousand nine hundred and eighty-one, the following Recommendation, which may be cited as the Workers with Family Responsibilities Recommendation, 1981: I. Definition, Scope and Means of Implementation 1. (1) This Recommendation applies to men and women workers with responsibilities in relation to their dependent children, where such responsibilities restrict their possibilities of preparing for, entering, participating in or advancing in economic activity. (2) The provision of this Recommendation should also be applied to men and women workers with responsibilities in relation to other members of their immediate family who need their care or support, where such responsibilities restrict their possibilities of preparing for, entering, participating or advancing in economic activity. (3) For the purposes of this Recommendation, the terms dependent child and other member of the immediate family who needs care or support mean persons defined as such in each country by one of the means referred to in Paragraph 3 of this Recommendation. (4) The workers covered by virtue of subparagraphs (1) and (2) of this Paragraph are hereinafter referred to as workers with family responsibilities. 2. This Recommendation applies to all branches of economic activity and all categories of workers. 3. The provisions of this Recommendation may be applied by laws or regulations, collective agreements, works rules, arbitration awards, court decisions or a combination of these methods, or in any other manner consistent with national practice which may be appropriate, account being taken of national conditions. 4. The provisions of this Recommendation may be applied by stages if necessary, account being taken of national conditions: Provided that such measures of implementation as are taken should apply in any case to all the workers covered by Paragraph 1, subparagraph (1). 5. Employers' and workers' organisations should have the right to participate, in a manner appropriate to national conditions and practice, in devising and applying measures designed to give effect to the provisions of this Recommendation. II. National Policy 6. With a view to creating effective equality of opportunity and treatment for men and women workers, each Member should make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. 7. Within the framework of a national policy to promote equality of opportunity and treatment for men and women workers, measures should be adopted and applied with a view to preventing direct or indirect discrimination on the basis of marital status or family responsibilities. 8. (1) For the purposes of Paragraphs 6 and 7 above, the term discrimination means discrimination in employment and occupation as defined by Articles 1 and 5 of the Discrimination (Employment and Occupation) Convention, 1958. (2) During a transitional period special measures aimed at achieving effective equality between men and women workers should not be regarded as discriminatory. 9. With a view to creating effective equality of opportunity and treatment for men and women workers, all measures compatible with national conditions and possibilities should be taken — to enable workers with family responsibilities to exercise their right to vocational training and to free choice of employment; to take account of their needs in terms and conditions of employment and in social security; and to develop or promote child-care, family and other community services, public or private, responding to their needs. 10. The competent authorities and bodies in each country should take appropriate measures to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities, as well as a climate of opinion conducive to overcoming these problems. 1 1. The competent authorities and bodies in each country should take appropriate measures — to undertake or promote such research as may be necessary into the various aspects of the employment of workers with family responsibilities with a view to providing objective information on which sound policies and measures may be based; and to promote such education as will encourage the sharing of family responsibilities between men and women and enable workers with family responsibilities better to meet their employment and family responsibilities. III. Training and Employment 1 2. All measures compatible with national conditions and possibilities should be taken to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities. 1 3. In accordance with national policy and practice, vocational training facilities and, where possible, paid educational leave arrangements to use such facilities should be made available to workers with family responsibilities. 1 4. Such services as may be necessary to enable workers with family responsibilities to enter or re-enter employment should be available, within the framework of existing services for all workers or, in default thereof, along lines appropriate to national conditions; they should include, free of charge to the workers, vocational guidance, counselling, information and placement services which are staffed by suitably trained personnel and are able to respond adequately to the special needs of workers with family responsibilities. 1 5. Workers with family responsibilities should enjoy equality of opportunity and treatment with other workers in relation to preparation for employment, access to employment, advancement within employment and employment security. 1 6. Marital status, family situation or family responsibilities should not, as such, constitute valid reasons for refusal or termination of employment. IV. Terms and Conditions of Employment 1 7. All measures compatible with national conditions and possibilities and with the legitimate interests of other workers should be taken to ensure that terms and conditions of employment are such as to enable workers with family responsibilities to reconcile their employment and family responsibilities. 1 8. Particular attention should be given to general measures for improving working conditions and the quality of working life, including measures aiming at — the progressive reduction of daily hours of work and the reduction of overtime, and more flexible arrangements as regards working schedules, rest periods and holidays, account being taken of the stage of development and the particular needs of the country and of different sectors of activity. 1 9. Whenever practicable and appropriate, the special needs of workers, including those arising from family responsibilities, should be taken into account in shift-work arrangements and assignments to night work. 20. Family responsibilities and considerations such as the place of employment of the spouse and the possibilities of educating children should be taken into account when transferring workers from one locality to another. 21. (1) With a view to protecting part-time workers, temporary workers and homeworkers, many of whom have family responsibilities, the terms and conditions on which these types of employment are performed should be adequately regulated and supervised. (2) The terms and conditions of employment, including social security coverage, of part-time workers and temporary workers should be, to the extent possible, equivalent to those of full-time and permanent workers respectively; in appropriate cases, their entitlement may be calculated on a pro rata basis. (3) Part-time workers should be given the option to obtain or return to full-time employment when a vacancy exists and when the circumstances which determined assignment to part-time employment no longer exist. 22. (1) Either parent should have the possibility, within a period immediately following maternity leave, of obtaining leave of absence (parental leave), without relinquishing employment and with rights resulting from employment being safeguarded. (2) The length of the period following maternity leave and the duration and conditions of the leave of absence referred to in subparagraph (1) of this Paragraph should be determined in each country by one of the means referred to in Paragraph 3 of this Recommendation. (3) The leave of absence referred to in subparagraph (1) of this Paragraph may be introduced gradually. 23. (1) It should be possible for a worker, man or woman, with family responsibilities in relation to a dependent child to obtain leave of absence in the case of its illness. (2) It should be possible for a worker with family responsibilities to obtain leave of absence in the case of the illness of another member of the worker's immediate family who needs that worker's care or support. (3) The duration and conditions of the leave of absence referred to in subparagraphs (1) and (2) of this Paragraph should be determined in each country by one of the means referred to in Paragraph 3 of this Recommendation. V. Child-care and Family Services and Facilities 2 4. With a view to determining the scope and character of the child-care and family services and facilities needed to assist workers with family responsibilities to meet their employment and family responsibilities, the competent authorities should, in co-operation with the public and private organisations concerned, in particular employers' and workers' organisations, and within the scope of their resources for collecting information, take such measures as may be necessary and appropriate — to collect and publish adequate statistics on the number of workers with family responsibilities engaged in or seeking employment and on the number and age of their children and of other dependants requiring care; and to ascertain, through systematic surveys conducted more particularly in local communities, the needs and preferences for child-care and family services and facilities. 2 5. The competent authorities should, in co-operation with the public and private organisations concerned, take appropriate steps to ensure that child-care and family services and facilities meet the needs and preferences so revealed; to this end they should, taking account of national and local circumstances and possibilities, in particular — encourage and facilitate the establishment, particularly in local communities, of plans for the systematic development of child-care and family services and facilities, and themselves organise or encourage and facilitate the provision of adequate and appropriate child-care and family services and facilities, free of charge or at a reasonable charge in accordance with the workers' ability to pay, developed along flexible lines and meeting the needs of children of different ages, of other dependants requiring care and of workers with family responsibilities. 26. (1) Child-care and family services and facilities of all types should comply with standards laid down and supervised by the competent authorities. (2) Such standards should prescribe in particular the equipment and hygienic and technical requirements of the services and facilities provided and the number and qualifications of the staff. (3) The competent authorities should provide or help to ensure the provision of adequate training at various levels for the personnel needed to staff child-care and family services and facilities. VI. Social Security 2 7. Social security benefits, tax relief, or other appropriate measures consistent with national policy should, when necessary, be available to workers with family responsibilities. 2 8. During the leave of absence referred to in Paragraphs 22 and 23, the workers concerned may, in conformity with national conditions and practice, and by one of the means referred to in Paragraph 3 of this Recommendation, be protected by social security. 2 9. A worker should not be excluded from social security coverage by reference to the occupational activity of his or her spouse and entitlement to benefits arising from that activity. 30. (1) The family responsibilities of a worker should be an element to be taken into account in determining whether employment offered is suitable in the sense that refusal of the offer may lead to loss or suspension of unemployment benefit. (2) In particular, where the employment offered involves moving to another locality, the considerations to be taken into account should include the place of employment of the spouse and the possibilities of educating children. 3 1. In applying Paragraphs 27 to 30 of this Recommendation, a Member whose economy is insufficiently developed may take account of the national resources and social security arrangements available. VII. Help in Exercise of Family Responsibilities 3 2. The competent authorities and bodies in each country should promote such public and private action as is possible to lighten the burden deriving from the family responsibilities of workers. 3 3. All measures compatible with national conditions and possibilities should be taken to develop home-help and home-care services which are adequately regulated and supervised and which can provide workers with family responsibilities, as necessary, with qualified assistance at a reasonable charge in accordance with their ability to pay. 3 4. Since many measures designed to improve the conditions of workers in general can have a favourable impact on those of workers with family responsibilities, the competent authorities and bodies in each country should promote such public and private action as is possible to make the provision of services in the community, such as public transport, supply of water and energy in or near workers' housing and housing with labour-saving layout, responsive to the needs of workers. VIII. Effect on Existing Recommendations 3 5. This Recommendation supersedes the Employment (Women with Family Responsibilities) Recommendation, 1965. Recommendation No. 191 Maternity Protection Recommendation, 2000 (No. 191) The General Conference of the International Labour Organization, 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 Having decided upon the adoption of certain proposals with regard to maternity protection, which is the fourth item on the agenda of the session, and Having determined that these proposals shall take the form of a Recommendation supplementing the Maternity Protection Convention, 2000 (hereinafter referred to as "the Convention"), adopts this fifteenth day of June of the year two thousand the following Recommendation, which may be cited as the Maternity Protection Recommendation, 2000. MATERNITY LEAVE 1. (1) Members should endeavour to extend the period of maternity leave referred to in Article 4 of the Convention to at least 18 weeks. (2) Provision should be made for an extension of the maternity leave in the event of multiple births. (3) To the extent possible, measures should be taken to ensure that the woman is entitled to choose freely the time at which she takes any non-compulsory portion of her maternity leave, before or after childbirth. BENEFITS 2. Where practicable, and after consultation with the representative organizations of employers and workers, the cash benefits to which a woman is entitled during leave referred to in Articles 4 and 5 of the Convention should be raised to the full amount of the woman's previous earnings or of such of those earnings as are taken into account for the purpose of computing benefits. 3. To the extent possible, the medical benefits provided for in Article 6, paragraph 7, of the Convention should include: care given in a doctor's office, at home or in a hospital or other medical establishment by a general practitioner or a specialist; maternity care given by a qualified midwife or by another maternity service at home or in a hospital or other medical establishment; maintenance in a hospital or other medical establishment; any necessary pharmaceutical and medical supplies, examinations and tests prescribed by a medical practitioner or other qualified person; and dental and surgical care. FINANCING OF BENEFITS 4. Any contribution due under compulsory social insurance providing maternity benefits and any tax based upon payrolls which is raised for the purpose of providing such benefits, whether paid by both the employer and the employees or by the employer, should be paid in respect of the total number of men and women employed, without distinction of sex. EMPLOYMENT PROTECTION AND NON-DISCRIMINATION 5. A woman should be entitled to return to her former position or an equivalent position paid at the same rate at the end of her leave referred to in Article 5 of the Convention. The period of leave referred to in Articles 4 and 5 of the Convention should be considered as a period of service for the determination of her rights. HEALTH PROTECTION 6. (1) Members should take measures to ensure assessment of any workplace risks related to the safety and health of the pregnant or nursing woman and her child. The results of the assessment should be made available to the woman concerned. (2) In any of the situations referred to in Article 3 of the Convention or where a significant risk has been identified under subparagraph (1) above, measures should be taken to provide, on the basis of a medical certificate as appropriate, an alternative to such work in the form of elimination of risk; an adaptation of her conditions of work; a transfer to another post, without loss of pay, when such an adaptation is not feasible; or paid leave, in accordance with national laws, regulations or practice, when such a transfer is not feasible. (3) Measures referred to in subparagraph (2) should in particular be taken in respect of: arduous work involving the manual lifting, carrying, pushing or pulling of loads; work involving exposure to biological, chemical or physical agents which represent a reproductive health hazard; work requiring special equilibrium; work involving physical strain due to prolonged periods of sitting or standing, to extreme temperatures, or to vibration. (4) A pregnant or nursing woman should not be obliged to do night work if a medical certificate declares such work to be incompatible with her pregnancy or nursing. (5) The woman should retain the right to return to her job or an equivalent job as soon as it is safe for her to do so. (6) A woman should be allowed to leave her workplace, if necessary, after notifying her employer, for the purpose of undergoing medical examinations relating to her pregnancy. BREASTFEEDING MOTHERS 7. On production of a medical certificate or other appropriate certification as determined by national law and practice, the frequency and length of nursing breaks should be adapted to particular needs. 8. Where practicable and with the agreement of the employer and the woman concerned, it should be possible to combine the time allotted for daily nursing breaks to allow a reduction of hours of work at the beginning or at the end of the working day. 9. Where practicable, provision should be made for the establishment of facilities for nursing under adequate hygienic conditions at or near the workplace. RELATED TYPES OF LEAVE 10. (1) In the case of the death of the mother before the expiry of postnatal leave, the employed father of the child should be entitled to take leave of a duration equal to the unexpired portion of the postnatal maternity leave. (2) In the case of sickness or hospitalization of the mother after childbirth and before the expiry of postnatal leave, and where the mother cannot look after the child, the employed father of the child should be entitled to leave of a duration equal to the unexpired portion of the postnatal maternity leave, in accordance with national law and practice, to look after the child. (3) The employed mother or the employed father of the child should be entitled to parental leave during a period following the expiry of maternity leave. (4) The period during which parental leave might be granted, the length of the leave and other modalities, including the payment of parental benefits and the use and distribution of parental leave between the employed parents, should be determined by national laws or regulations or in any manner consistent with national practice. (5) Where national law and practice provide for adoption, adoptive parents should have access to the system of protection offered by the Convention, especially regarding leave, benefits and employment protection.