Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted the information contained in the Government’s first reports. The Committee notes that most of the provisions of the Convention have not yet been reflected in the national legislation and that no specific measures have been adopted for night workers, except for those relating to maternity protection under Article 7 of the Convention. The Committee further notes the Government’s statement that there is no single law regulating night work and that provisions restricting the employment during the night exist in legislation regulating conditions of employment of specific categories of workers. It also notes the Government’s intention to take legislative measures, in consultation with the social partners, in order to regulate night work in general. The Committee therefore requests the Government to indicate in its next report any progress made in this regard and to supply copies of any relevant laws or regulations once they have been adopted. Concretely, the Committee asks the Government to indicate the measures taken or envisaged to ensure the application of Articles 1(b) (definition of the term "night worker"), 2 (scope of application of night work legislation), 3 (specific measures required by the nature of night work), 4 (medical examination of night workers), 5 (first-aid facilities), 6 (transfer of workers temporarily unfit for night work), 9 (social services) and 10 (consultations prior to the introduction of night work schedules) of the Convention. In addition, the Committee would appreciate receiving additional information on the following points.

Article 7(1) and (2) of the Convention. The Committee asks the Government to clarify whether night work as such is deemed to be prejudicial to a pregnant worker’s health and to her child’s health under section 6(1) of the Maternity Protection Law No. 100(I) of 1997, thus entitling her to request a temporary transfer under section 6(2) of the same Law. It also asks the Government to specify the measures of protection, if any, for pregnant workers and nursing mothers in case they are medically certified as unfit to perform their regular night work duties for a period exceeding the 16-week maternity leave such as, for instance, provision of social security benefits, extension of maternity leave, etc. In addition, the Committee would be grateful to the Government for transmitting a copy of the special regulations providing for the safety and health at work of pregnant women and women who have recently given birth or are breastfeeding currently under preparation under the Safety and Health at Work Law No. 89(I) of 1996.

Article 8. The Committee notes the Government’s indication that provisions relating to night work, mostly night work allowances, may be found in collective agreements covering sectors of economic activity where night work is performed. It therefore requests the Government to supply further details in this respect and transmit copies of such collective agreements.

Finally, the Committee would be grateful to the Government for providing, in accordance with Part V of the report form, general information on the manner in which the Convention is applied in practice, including for instance, extracts from inspection reports, details on the categories of workers concerned, and any available statistics on the number of male and female workers employed at night.