Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Prohibition of night work for women. Further to its previous comment, the Committee notes that, following the adoption of the Employment Act 2007, the prohibition against the employment of women in any industrial undertaking between 6.30 p.m. and 6.30 a.m., which was previously set out in section 28 of the Employment Act 1976, has been removed. The new Employment Act no longer contains any general prohibition of night work in industry, except for children under 18 years of age (section 59(1)). The Committee is, therefore, obliged to note that the Convention is not implemented any more in either law or practice.

In this regard, the Committee wishes to refer to paragraph 93 of its General Survey of 2001 on the night work of women in industry in which it firmly encouraged those governments which opted to no longer apply Convention No. 89 for reasons of gender equality and non-discrimination in employment to take concrete measures under ILO constitutional procedures with a view to formally terminating their obligations arising out of those Conventions. While recognizing that certain international treaty obligations might have grown outdated over time, the Committee considered that any contradiction between those obligations and domestic legislation should be properly removed in the interest of preserving a coherent body of international labour standards and giving full meaning to the role and function of the Organization’s supervisory organs. For all useful purposes, therefore, the Committee recalls that Convention No. 89 may be denounced every ten years and will again be open to denunciation for a period of one year as from 27 February 2011.

While noting the Government’s statement that it will consider ratification of the 1990 Protocol to Convention No. 89 once the National Labour Board is set up and deliberates on this matter, the Committee draws the Government’s attention to the fact that the Protocol was drafted for those countries which are not prepared to eliminate all restrictions on night work of women. Under the current circumstances, therefore, it would not be advisable for the Government to examine the possibility of ratifying the Protocol but rather the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations. The Committee requests the Government to keep the Office informed of any decision taken or envisaged with regard to the possible ratification of Convention No. 171.