Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

The Committee notes the information supplied by the Government in its reports.

The Committee refers to its previous comments. It notes with interest the Government's statement that section 1(5) of Ministerial Order No. 23 of 7 February 1982, under which women may work between 8 p.m. and 7 a.m. in the joint projects established in accordance with Act No. 43 of 1974 concerning the use of Arab and foreign capital and free zones, which was amended by Act No. 32 of 1977, has been repealed by virtue of Act No. 230 of 1989 respecting enterprises. The Committee notes from the Government's report that Act No. 230 of 1989 does not deal with the question of night work by women and that it is therefore necessary to refer to the Labour Code, No. 137 of 1981. It notes that by virtue of section 152 of the Labour Code, it is prohibited to cause women to work between 8 p.m. and 7 a.m. except in cases, jobs and circumstances which are determined by order of the Minister of State for Manpower and Training. The Committee also notes from the Government's report that, by virtue of section 2 of Ministerial Order No. 23 of 7 February 1982, work by women is authorized between 8 p.m. and 10 p.m. in spinning and weaving companies and factories in the event that male workers are not available.

The Committee recalls that the Convention does not provide for any exception to the prohibition of the night work of women on the grounds of the non-availability of male workers. It also recalls the possibilities of flexibility offered by the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948. It hopes that the necessary measures will be taken to give effect to the Convention and requests the Government to supply information on any progress achieved in this respect.