Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Repetition

Article 2 of the Convention. Prohibition of the employment of women in underground work in any mine. The Committee notes the information provided by the Government in its latest report, which indicates that, in line with Directive 2002/73/EC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, the new Labour Act (Official Gazette No. 149/09), which entered into force on 1 January 2010, does not provide for the prohibition of night work of women in industry, nor for prohibition of women in work that occurs underground or underwater. In addition, the Government indicates that section 298, item 5 under Title XXV on Transitional and Final Provisions of the Labour Act, provides that, on the entry into force of the Act, the Ordinance on jobs prohibited to women (Official Gazette No. 44/96) shall cease to be effective. The Committee notes the information indicating that pursuant to the provisions of the Labour Act, work is currently in progress on amendments to the Occupational Safety and Health Act insofar as it relates to protection of special categories of workers and that, as part of these amendments, it is planned to delete the current provisions under sections 38 and 39, which state that protection of women in the workplace is to be carried out in accordance with the provisions of the Labour Act and also that a pregnant woman shall, in particular, not be assigned to certain hazardous jobs. Recalling its previous comment in which it invited the Government to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45, the Committee reminds the Government that according to established practice, the Underground Work (Women) Convention, 1935 (No. 45), will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep the Office informed of any decision taken in this regard.