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

The Committee has noted with interest the Government’s first reports. It requests the Government to supply further information on the following points.

Article 4(2) of the Convention. While noting section 99(4) of the Labour Code regarding the medical examination of night workers, the Committee requests the Government to specify the legal provision, if any, which lays down that the findings of such health-care assessments must be treated with confidentiality and that they may not be used to the workers’ detriment.

Article 6(2). The Committee notes that there seems to exist no provision in the Labour Code regulating the case of night workers who are certified as unfit for night work and whose transfer to a similar job for which they are fit is impracticable. The Committee asks the Government to provide information on the application of the Convention in this respect.

Article 7(3)(c). While noting sections 37(1)(f) and 155 of the Labour Code, the Committee requests the Government to indicate the legal provision, if any, ensuring that a pregnant or breastfeeding woman worker or a working mother of a child under nine months of age, who is temporarily transferred from her regular night work position, shall not lose the benefits regarding status, seniority and access to promotion.

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.