Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 3 of the Convention. Minimum protection measures for night workers. Further to its previous comments, the Committee notes that the Government’s report does not contain any new information concerning the points that it has been raising for many years. Indeed, since the ratification of the Convention in 1993, the Committee has been drawing the Government’s attention to the absence of tangible measures to give effect to the provisions of Articles 4 (free medical assessment), 6 (workers certified as unfit for night work), 7 (maternity protection), 9 (social services) and 10 (consultation of workers’ representatives) of the Convention, which lay down a number of measures that need to be taken as a minimum for the protection of night workers. In this respect, the Committee has always recalled that the provisions of the Convention, even though they may be applied progressively, are not however optional and therefore remain binding. Accordingly, indicating that the social partners consider that there is no divergence between the national legislation and the requirements of the Convention calling for any amendment of the laws in force, does not absolve the Government from its obligation to give effect to all of the provisions of the Convention in law and practice. The Committee therefore once again requests the Government to take all necessary measures to give full effect to the provisions of the Convention and to keep the Office informed of any progress achieved in this respect.

[The Government is asked to reply in detail to the present comments in 2010.]