Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio (revisado) sobre el trabajo nocturno (mujeres), 1948 (núm. 89) - India (Ratificación : 1950)

Otros comentarios sobre C089

Observación

Solicitud directa

2013
1995
1994
1990

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Articles 1(1)(1)(a), and 2(1) of the Protocol. Exemptions from prohibition and variations in the night period – Maternity protection. The Committee recalls its previous comments in which it noted that, despite having ratified the 1990 Protocol to Convention No. 89 in 2003, the Government has still not adopted the necessary legislative changes to implement its provisions, in particular the requirement for an express agreement of – and not mere consultation with – employers’ and workers’ organizations at the branch or enterprise level before any variation in the duration of the night period or exemption from the prohibition of night work can be introduced, and the prohibition to apply any negotiated exemptions from the prohibition of night work or variations in the duration of the night period to women workers during a period of at least 16 weeks before and after childbirth. In its latest report, the Government refers to a revised draft text of the proposed amendment to section 66 of the Factories Act, 1948, which is in line with the above requirements as it incorporates the need to obtain the consent of women workers and the representative employers’ and workers’ organizations before allowing the employment of women during the night and also excludes any such permission to be granted to women during a period of 16 weeks before and after childbirth of which at least eight weeks shall be before the expected childbirth. Recalling that the Government has been reporting since 2008 that the necessary amendment is pending consideration in Parliament, the Committee hopes that the proposed amendment to section 66 of the Factories Act, 1948, will be adopted in the very near future in order to bring the national legislation into full conformity with the requirements of the Protocol. In addition, the Committee once again invites the Government to take appropriate steps to proceed to the denunciation of the obsolete Night Work (Women) Convention, 1919 (No. 4).