English - CEDAW Southeast Asia

CEDAW and the Law:
Contraceptive measures
Article 33 of the Law on Social Insurance provides that when: (a) being implanted with IUDs,
labourers are entitled to a seven-day leave; and (b) subjected to sterilization measures,
labourers are entitled to a 15-day leave.
Health rehabilitation after birth
Article 37 of the Law on Social Insurance provides that, if female labourers remain weak after
the situations in cases where Articles 30-31 of the law operate, they may take leave for
convalescence and health rehabilitation of between 5 and 10 days annually.
In cases where Articles 29-33 of the Law on Social Insurance operate, labourers are
entitled to 100 percent of the average of the monthly remuneration of the six months
preceding the leave on which social insurance premiums are based. 519 Also, female labourers
after giving birth, or labourers adopting a child aged under four months, are entitled to a lumpsum
allowance equivalent to two months common minimum salary for each child. 520 When only
the father is covered by social insurance and the mother dies in childbirth, the father is entitled
to a lump-sum allowance equivalent to two months common minimum salary for each child. 521
In cases where Article 37 operates, female labourers are entitled to 25 percent of the
common minimum salary if they take leave for convalescence and health rehabilitation at
home, or 40 percent of the common minimum salary if they are at a rest home. 522
Lastly, restating Article 114 of the Labour Code, Article 36 of the Law on Social
Insurance also provides that female labourers may go to work before the expiry of the
maternity leave period but at least 60 days after childbirth on obtaining a medical
establishment certification that working will not harm their health, and with notice and prior
consent of their employers. Female labourers will receive both the remuneration for the days
worked and that which they are entitled to if they availed themselves of the full maternity
period as per Article 31 of the Law on Social Insurance. In relation to this, it has been
proposed that, to enable women to be more competitive in the labour market as well as to
allow the exercise of women’s choice, the possibility of reducing the mandatory period of leave
after childbirth should be studied further.
Although there are provisions on non-discrimination on account of marriage, pregnancy,
taking maternity leave or raising children aged under 12 months, there is no explicit provision
that female labourers, when availing themselves of the maternity regime, will not suffer from
any loss of benefits or seniority.
236
Recommendations: In relation to Article 32 of the Law on Social Insurance,
parents who adopt children of four months and above should also be entitled to take
leave. The period of leave may be 15-30 days, depending on the age of the child, to
enable the parents to have sufficient preparation for the child’s care.
519
Ibid., Article 35
520
Ibid., Article 34
521
Ibid.
522
Ibid., Article 37
Review of key legal documents and compliance with CEDAW