1 When Convention No. 3 was revised, the new
Convention (No. 103) added the words race or creed.
2 Convention No. 103 extends the scope that was first
provided in Convention No. 3, which covered public or private industrial
or commercial undertakings, or in any branch thereof, to include women
employed in non-industrial occupations, agricultural occupations and
3 The Plantations Convention, 1958 (No. 110), also
contains maternity protection provisions, but its scope is limited to all
plantation workers, which is a subset of the category agricultural workers found
in Convention No. 103.
4 Convention No. 3 contains a similar exemption with
a slightly different wording: countries may exempt undertakings in which
only members of the same family are employed.
5 Of the 34 countries that have ratified
Convention No. 103, only four have made a declaration excepting these
categories: Austria (domestic work), Brazil (agricultural and domestic work),
the Netherlands (agricultural and domestic work), and Spain (undertakings
engaged in the transport of passengers by sea).
6 ILO: Report of the Committee of Experts on the
Application of Conventions and Recommendations, Report III(4), International
Labour Conference, 49th Session (Geneva, 1965), para. 65, p. 197.
7 The possibility of entitlement to maternity leave
without entitlement to cash benefits is well-illustrated by the differing
provisions defining scope in Convention No. 103 and Convention No. 102
concerning minimum standards of social security.
Convention No. 103 covers women employed in whole sectors and
whole classes of occupations. Convention No. 102, on the other hand, describes
the persons protected in terms of minimum percentages of three prescribed
classes: (1) not less than 50 per cent of prescribed classes of employees; (2)
by prescribed classes of the economically active population constituting not
less than 20 per cent of all residents; and (3) not less than 50 per cent of
prescribed classes of residents. For countries with insufficiently developed
economies that choose to apply the Convention progressively, women who fall into
prescribed classes of employees constituting not less than 50 per cent of all
employees in industrial workplaces employing at least 20 employees are covered.
Whereas the spouses of covered employees are eligible for benefits, employed
women falling outside the percentage of the workforce in the prescribed class
would fail to qualify for benefits.
8 This applies, for example, to teachers in Trinidad
9 United Nations: The worlds women
1995.-Trends and statistics (New York, 1995), pp. 141-145.
10 C. Callender, N. Millward, S. Lissenburgh and J.
Forth: Maternity rights and benefits in Britain, 1996 (London, Policy
Studies Institute, 1997).
11 The equality of opportunity and treatment for
workers and family responsibilities, unpublished report prepared for the ILO
12 OECD: OECD in figures: Statistics on the
member countries, 1997 edition, in OECD Observer, No. 206,
Supplement (Paris, June-July 1997), pp. 10-11.
13 European Commission: Employment in Europe
(Brussels, 1996), p. 53.
14 Examples of countries in which part-time workers
are specifically excluded are Belize (if they work less than eight hours per
week), Dominica (if they work less than 21 hours per week), South Africa, and
Trinidad and Tobago (less than ten hours per week).
15 ILO: Home work. Report V(1), International
Labour Conference, 82nd Session 1995 (Geneva, 1995).
16 See, e.g., European Homeworking Group:
Portugal: Hidden hands, in Homeworkers in Europe (Leeds,
Summer 1997), pp. 6-7.
17 M. A. Abrera-Mangahas: General situation of
child domestic workers in the Philippines, in ILO-IPEC: Consultation
proceedings: Final report. National NGO Consultation on Child Domestic
Workers in the Philippines, 2-4 August 1996 (Quezon City, Philippines).
18 F. Sly: Women in the labour market: Results
from the spring 1995 Labour Force Survey, in Labour market trends
(London, March 1996), p. 94.
19 Resolution on equal opportunities and equal
treatment for men and women in employment, adopted by the International Labour
Conference at its 71st Session, Geneva,