English - CEDAW Southeast Asia

CEDAW and the Law:
support for the setting up of such facilities, rather than only enterprises with high proportion of
women. A legal document can set down details as to the minimum number of employees for this
provision to be mandatory.
Night work, overtime and rest breaks
Generally, there is no prohibition in the Labour Code for women to work at night or overtime.
However, Article 115 of the Labour Code prohibits an employer from allowing a female employee
who is pregnant or raising a child aged less than 12 months to work at night or overtime (or
to go on business trips to distant locations). It is suggested that the removal - or, if not immediately
possible, the gradual removal - of the category of women raising a child aged under 12
months from the coverage of this article 115 be effected; for example, the period of 12 months
could be shortened to 6 months, with a clear time-frame for its eventual repeal.
Transfer to lighter duties
Article 112 of the Labour Code provides that a female employee who is employed in heavy work
and is in her seventh month of pregnancy must be transferred to lighter duties or entitled to work
one hour less every day and still receive the same wage. However, it is also recommended that
there should be clear stipulation that, in cases of transfer to lighter duties, women will be reassigned
to former positions after pregnancy without loss of any benefits or seniority on account
of pregnancy or maternity, except in cases of promotion.
Training
Article 14(5)(a) of the Law on Gender Equality provides, among its measures to promote equality,
for the proportion of men and women participating in study and training. Article 110 of the
Labour Code states: “State bodies shall be responsible for the expansion of various forms of
training which are favorable to female workers in order to enable women to gain an additional skill
or trade and to facilitate the employment of female workers suitable to their biological and physiological
characteristics as well as their role as a mother.” It is recommended that this article be
amended by deleting the phrase suitable to their biological and physiological characteristics as
well as their role as a mother. Additionally, the specific proportion of men and women required to
participate in employment-related trainings must be provided. A 30-50 percent proportion must
be targeted. Where it is not immediately possible, work plans must be drafted and submitted to
show how this target can be progressively reached.
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Article 14(4) of the Law on Gender Equality provides that female officials and public servants
bringing along their children aged less than 36 months when participating in the training
and fostering activities must be given assistance and support by the Government. In light of
shared responsibilities for child-rearing now being encouraged, this article must be applicable to
both male and female officials and public servants. It is also suggested that training institutions
must include, among their training facilities and planning, creâches for children aged up to 36
months.
Leave
In relation to leave and social insurance in Article 24 of the Law on Social Insurance, it is recommended
that parents who are both covered by social insurance must be allowed to take leave to
take care of their sick children based on allowable number of leave days for each parent and they
can take it simultaneously. The requirement in this article that one parent has to spend the whole
period of leave before the other can be entitled to the regime must be removed.
Executive summary