Maternity Protection Resource Package

From Aspiration to Reality for All

Module 4: Maternity Protection at work: Who are the main stakeholders?

INTERNATIONAL LABOUR ORGANIZATION Conditions of Work and Employment Programme (TRAVAIL) • 2012

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4 Maternity Protection at work: Who are the main stakeholders?

Key contents

This module reviews the roles and means of action for improving maternity protection of the following key stakeholders:  Government  Employers and their organizations  Trade unions  Civil society  Universities and research centres MATERNITY PROTECTION RESOURCE PACKAGE. FROM ASPIRATION TO REALITY FOR ALL Part 1: MATERNITY PROTECTION AT WORK: THE BASICS 1

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4 Maternity Protection at work: Who are the main stakeholders?

Maternity Protection at work: Who are the main stakeholders?

Many stakeholders play an important role in achieving universal maternity protection.

 Governments  Employers and their organizations  Trade unions  Civil Society  Universities and research centres MATERNITY PROTECTION RESOURCE PACKAGE. FROM ASPIRATION TO REALITY FOR ALL Part 1: MATERNITY PROTECTION AT WORK: THE BASICS 2

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4 Maternity Protection at work: Who are the main stakeholders?

Government (1)

Governments have the main task of drafting, adopting, implementing and monitoring legislation – including in the area of maternity protection  

Ratifying ILO conventions:

the government's responsibility to decide whether or not to abide by international standards 

Policy research:

to be able to decide on policy, a concrete assessment of maternity protection needs to be made

Labour law and social security:

plays a key role in promoting universal social security and labour law that allows for maternity protection 

Implementation, monitoring and enforcement:

make sure that all initiatives in favour of maternity protection receive proper funding and adequate resources for their enforcement 

Promoting social dialogue:

leading discussions and consultations between all important stakeholders MATERNITY PROTECTION RESOURCE PACKAGE. FROM ASPIRATION TO REALITY FOR ALL Part 1: MATERNITY PROTECTION AT WORK: THE BASICS 3

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4 Maternity Protection at work: Who are the main stakeholders?

Government (2)

Examples of what can be done:        Adopt the principles of Convention No. 183 and consider its ratification Strengthen legal frameworks and fiscal space for social security, with particular attention to maternity protection cover Ensure staffing, training, funding and tools for the labour inspectorate on maternity protection Establish an independent complaints body and mechanism to which employees and employers can accede without risking their employment, and ensure adequate staffing, funding, and training for it Improve support for the range and quality of workplace health facilities, including preventive health education and maternity care, and support for workplace measures to prevent transmission of HIV with voluntary and confidential health checks and counselling Raise public awareness and publicize these issues widely Review legislation for employment protection and non-discrimination provisions on the basis of maternity – including the all-important clause of the burden of proof on the employer MATERNITY PROTECTION RESOURCE PACKAGE. FROM ASPIRATION TO REALITY FOR ALL Part 1: MATERNITY PROTECTION AT WORK: THE BASICS 4

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4 Maternity Protection at work: Who are the main stakeholders?

Employers and their organizations

Employers are responsible for maternity protection obligations under the law and can adopt workplace policies and provide the frameworks for workplace rules and actions to prevent and avoid pregnancy-related discrimination and risks to health.

Employers’ organizations

can:  Advise their members on legal provisions  Inform and influence Government during the preparatory stages of new legislation   Contribute to international debates and law on maternity protection Promote the idea that maternity protection and equal opportunity and treatment in practice contributes to better business and a healthy society  Spread information on how enterprises with good practices have been efficient and successful  Participate in the public debate on equality issues MATERNITY PROTECTION RESOURCE PACKAGE. FROM ASPIRATION TO REALITY FOR ALL Part 1: MATERNITY PROTECTION AT WORK: THE BASICS 5

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4 Maternity Protection at work: Who are the main stakeholders?

Trade unions

Trade unions

have a vital role to play in raising awareness and improving maternity protection in the workplace and beyond. They can:  Advocate for improvements in national and international law and practice  Underscore statutory rights in collective bargaining agreements (CBAs; see below)  Improve upon legislation through CBAs  Assist workers in defending their rights  Raise awareness on maternity protection at work  Consult and represent women workers  Negotiate collective agreements on maternity protection issues with employers and employers’ organizations  Develop gender-sensitive approaches to occupational safety and health  Contribute to research efforts and make women’s experiences at work visible MATERNITY PROTECTION RESOURCE PACKAGE. FROM ASPIRATION TO REALITY FOR ALL Part 1: MATERNITY PROTECTION AT WORK: THE BASICS 6

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4 Maternity Protection at work: Who are the main stakeholders?

Employers and trade unions: Collective bargaining agreements

Collective bargaining agreements are:  The result of collective bargaining between employers and trade unions  Written agreements that contain all the terms and conditions of employment  Legally binding for a short- to medium-term period, and are usually renewed after their expiry They can serve several purposes in terms of maternity protection:   To implement minimum standards as defined in national legislation To improve upon minimum standards as defined in national legislation  To set new models which are more effective than national legislation MATERNITY PROTECTION RESOURCE PACKAGE. FROM ASPIRATION TO REALITY FOR ALL Part 1: MATERNITY PROTECTION AT WORK: THE BASICS 7

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4 Maternity Protection at work: Who are the main stakeholders?

Civil society, universities and research centres

The role of civil society is very wide-ranging, from advocacy and lobbying, research, services, and monitoring on a range of aspects related to maternity protection.

Universities and research centres play a key role in:   Helping shape, monitor and evaluate policy Surveying, assessing and developing responses for maternity protection  Bringing technical expertise and human resources to other stakeholders

Partnerships:

Collaboration between stakeholders can drive creative solutions to improve maternity protection MATERNITY PROTECTION RESOURCE PACKAGE. FROM ASPIRATION TO REALITY FOR ALL Part 1: MATERNITY PROTECTION AT WORK: THE BASICS 8

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Key points

 The key partners of governments in maternity protection are employer and worker representatives of national or local organizations.

  Governments are responsible for leading the development of legislation and social security in consultation with other stakeholders, as well as for implementing, enforcing and monitoring these laws. Employers’ organizations can contribute to national and international debates and laws, advise and assist members on legal provisions and share good practices among members.  Employers, in collaboration with workers and their representatives, have a primary role in conforming working conditions to national law and practice, through workplace policies and negotiated agreements.  Trade unions can campaign for improvements in maternity protection in national and international law, can provide information and education for their members, and are responsible for negotiating collective bargaining agreements that include elements of maternity protection.  Civil society can also lead action at the community level with the aim of improving working and living conditions – including as these relate to maternity protection and workers with family responsibilities.

 Universities and research centres can be important partners in designing and publishing research that can credibly inform, help shape, monitor and evaluate public policy.

MATERNITY PROTECTION RESOURCE PACKAGE. FROM ASPIRATION TO REALITY FOR ALL Part 1: MATERNITY PROTECTION AT WORK: THE BASICS 9