Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s report. With reference to its previous comments, it notes with regret that no specific legislation has yet been adopted under section 155(4) of the Labour Code, in order to establish the conditions or prohibitions concerning the employment of women in arduous, unhealthy and underground works, or in other works likely to harm their reproductive function. In its report, the Government considers that section 155(3) of the Labour Code, which ensures the access of women to any employment, occupation or position, not entailing any effective or potential risk for their reproductive health, implies clearly that women are prohibited to be employed in underground works. The Committee, however, is bound to recall that, as the Government itself admits in its report, section 155(4) of the Labour Code provides for the adoption of specific legislation in this respect. The Committee notes the set-up of a committee charged with the revision of the Labour Code, the purpose of which is to elaborate this new legislation. It also notes the draft statutory order on the amendment of the Labour Code, which was prepared in October 2000 and was attached to the Government’s report. While noting that, according to its report, there are no underground works in Guinea-Bissau, the Committee urges the Government to make every effort, in order to give effect to the provisions of the Convention, on which it has been commenting for several years. It requests the Government to communicate in its next report any progress achieved in this regard, and to supply a copy of the new legislation revising the Labour Code, as soon as adopted.