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

Article 5 of the Convention. First-aid facilities for night workers. The Committee notes the Government’s earlier statement that there are no specific provisions in the national legislation concerning first aid facilities for night workers, except for section 28 of the Safety and Health at Work Act No. 89(I)/96 that provides, in general, that every employer must have adequate equipment and facilities so that first aid may be provided in the case where employees are injured or taken ill during working hours. The Committee recalls, however, that the Convention requires that suitable first aid facilities be made available for workers performing night work, including arrangements whereby such workers, where necessary, can be taken quickly to a place where appropriate treatment can be provided. While recalling that the Convention offers the possibility of a progressive implementation of the specific measures required by the nature of night work, the Committee requests the Government to indicate the measures taken or envisaged in order to give effect to this requirement of the Convention.

Article 6, paragraphs 2 and 3. Persons medically unfit for night work. The Committee notes that under section 10(2) of the Organization of Working Time Act No. 63(I)/2002, persons who are medically unfit for night work are transferred, whenever possible, to a day work post for which they are fit. It recalls, however, that the Convention requires, in addition to the above measures, that workers who are permanently unfit to work at night, but may not necessarily be unfit for day work, and whose transfer to an alternative position proves impracticable, should be entitled to the same benefits (for instance unemployment, sickness or disability benefits) as those day workers who are generally unfit for work. Moreover, workers who are temporarily unfit for night work must be given the same protection against dismissal as other workers who are prevented from working for health reasons. The Committee therefore requests the Government to indicate how these provisions of the Convention are implemented in law and practice.

Article 9. Social services. The Committee recalls that by “social services” the Convention intends to cover a large variety of measures, including but not limited to the provision of food and beverages. It also ventures to draw the Government’s attention to Paragraphs 13–18 of the Night Work Recommendation, 1990 (No. 178), which offer guidance as to other measures which might be considered appropriate for night workers, such as collective transport arrangements, suitably equipped resting facilities, flexible hours for crèches, and adaptable cultural, sporting or recreational activities. It requests the Government to indicate any concrete measures taken or envisaged in order to give effect to this provision of the Convention.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that labour inspections do not differentiate between day and night work, and, therefore, there are no statistical data available for the number of workers employed during night time. It notes, however, that according to the annual report of the Department of Labour Inspection, among the 38 legal proceedings which were completed in 2006 including 65 contraventions, none involved non‑compliance with the Organization of Working Time Act No. 63(I)/2002 which regulates among others night work. Similarly, no contraventions of the working time legislation seem to have been recorded in the period 2003–05. The Committee would be grateful if the Government would continue supplying up to date information concerning the practical application of the Convention, including, for instance, all available statistics, copies of collective agreements containing clauses on night work arrangements, etc.