Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes notes of the Government’s reports and the information supplied in answer to its previous comments.

The Committee recalls its comments in which it noted that, under section 26 of the Labour Code Act of 23 September 1946, women may not be employed during the night between 8 p.m. and 5 a.m. from 1 May to 30 September, that is a period of nine hours, whereas Article 2 of the Convention provides for a nightly rest of at least 11 consecutive hours.

The Committee notes that a draft amendment is currently being considered by the competent authorities with a view to bringing the definition of the term "night" into conformity with the provision of the Convention. The Committee also notes the Government’s statement that, by virtue of section 2, paragraph 2, of the Law on the Principles of Civil Trials (Ordinance No. 90 of 16 September 1983 as amended), the ratification and subsequent publication of international agreements and Conventions gives them the force of law and in case of conflict between the provisions of international treaties and those of national law, the former supersedes the provisions of the latter.

The Committee recalls that international labour Conventions are not self-executing instruments, and thus ratifying States are under the obligation to take the necessary measures to bring their national laws and practice into conformity with the provisions of those Conventions. The Committee hopes that the review process of the Labour Code will soon be completed, and that the discrepancy to which it has been drawing attention for many years will thus be eliminated. The Committee reiterates its suggestion that the Government examine the possibility of requesting technical assistance from the International Labour Office.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171) or the Protocol of 1990 to Convention No. 89.