Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Further to its previous comment, the Committee notes that following the adoption of the new Labour Code, Act No. 51/2001 of 30 December 2001, the general prohibition against the employment of women at night has been lifted and therefore the Convention is no longer implemented. In this connection, the Government’s attention is drawn to paragraphs 191 to 202 of the General Survey of 2001 on the night work of women in industry in which the Committee referring to the continued relevance of the ILO instruments on women’s night work concluded that there can be no doubt that the current trend is to move away from a blanket ban on the employment of women at night and to formulate gender-neutral night work regulations offering safety and health protection to both men and women. The Committee further indicated that the Night Work Convention, 1990 (No. 171), was drafted for those countries which would be prepared to eliminate all women-specific restrictions on night work (except for those aimed at protecting women’s reproductive and infant-nursing role) while seeking to improve the working and living conditions of all night workers. Considering, therefore, that for all practical purposes the Convention has ceased to apply, and also recalling the need for an appropriate legal framework addressing the problems and hazards of night work in general, the Committee invites once again the Government to give favourable consideration to the ratification of Convention No. 171. It requests the Government to keep the Office informed of any decisions taken in this regard.