Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee recalls its previous comments in which it drew the Government’s attention to certain legislative provisions allowing for broader exceptions to the prohibition of night work of women than those permitted under the Convention and called for their amendment. In its reply, the Government refers to the recently enacted Labour Code No. 12 of 2003 and states that, in elaborating the ministerial decisions giving effect to this Code, it will take into account the Committee’s comments. In this connection, the Committee notes that the new Labour Code no longer makes provision for a general prohibition of night work of women but stipulates in section 89 that the competent minister will determine by order the cases in which the employment of women will be prohibited from 7 p.m. to 7 a.m. The Committee further notes with interest the Government’s statement that the ratification of both the Night Work Convention, 1990 (No. 171) and the 1990 Protocol to Convention No. 89 are under consideration. The Committee takes this opportunity to refer to paragraphs 191 to 202 of its General Survey of 2001 on the night work of women in industry, in which it referred to the continued relevance of the instruments on women’s night work and observed that the present trend is no doubt to move away from a blanket ban on women’s night work and to give the social partners at the national level the responsibility for determining the extent of the permitted exemptions. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol. The Committee wishes therefore to draw the Government’s attention to the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female workers. The Committee requests the Government to keep it informed of any progress made or decisions taken in this regard. Finally, the Committee would be grateful to the Government for providing in its next report, in accordance with Part V of the report form, all available information concerning the practical application of the Convention including, for instance, extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the application of the exceptions allowed under the provisions of the Convention, etc.