Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Night Work (Women) Convention (Revised), 1948 (No. 89) - Montenegro (Ratification: 2006)

Other comments on C089

Direct Request

2013
2009

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Articles 2 and 3 of the Convention. Definition of the term “night” – Prohibition of night work for women. The Committee notes that under section 105 of the Labour Law (Official Gazette No. 49/08), an employed woman working in industry and civil works sectors may not be assigned to a night shift except for women in managerial positions or when it is necessary to prevent damage to raw materials or continue activities interrupted by natural disaster. The Committee also notes section 56(1) of the Labour Law, which defines night work as work performed from 10 p.m. to 6 a.m. of the next day, and is therefore inconsistent with Article 2 of the Convention since it does not cover a period of at least 11 consecutive hours.

The Committee wishes once again to draw the Government’s attention to the need to progressively eliminate any provisions contrary to the principles of non-discrimination in employment and occupation, and equality of opportunity and treatment between men and women, except those connected with maternity protection, and accordingly consider the ratification of the Night Work Convention, 1990 (No. 171), which seeks to improve the quality of working life of all night workers, both men and women, in all branches and occupations. The Committee invites the Government to review gender-specific prohibitions or restrictions to night work and to modernize its legislation, in consultation with the social partners, and in particular with women workers, so as to ensure that the same standards of protection apply to men and women alike in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the widely ratified UN Convention on the Elimination of All Forms of Discrimination against Women. The Committee requests the Government to keep the Office informed of any decision taken or envisaged concerning the possible ratification of Convention No. 171 and the eventual denunciation of Convention No. 89.