Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 4 of the Convention. Exceptions. The Committee has been commenting on section 271(2)(c) of the General Labour Act No. 2/2000 which provides for broader exceptions to the prohibition of night work of women than those permitted under the Convention. The Committee has also been drawing attention to the Protocol of 1990 to Convention No. 89, which expands considerably the exemption possibilities with regard to the prohibition of night work for women, and has been inviting the Government to give favourable consideration to its ratification. In the absence of any specific reply on this point, the Committee is obliged to reiterate that the aforementioned provision of the General Labour Act is not consistent with the Convention and calls for remedial action. In the light of the foregoing observations, the Committee once again invites the Government to consider the possibility of ratifying either the 1990 Protocol which affords greater flexibility in the application of Convention No. 89 while remaining focused on the protection of female workers, or Convention No. 171 which shifts the emphasis from a specific category of workers and sector of economic activity to the safety and health protection of all night workers irrespective of gender. The Committee asks the Government to keep the Office informed of any decision taken in this regard.