Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s succinct report which replies only partially to the detailed points to which the Committee has been drawing attention for a number of years.

Article 3 of the Convention. Minimum protective standards for night workers. The Committee has been commenting on the Government’s failure to implement some of the specific measures required by the Convention in order to protect the health of night workers and assist them to meet their family and social responsibilities. In particular, the Committee has been requesting that concrete action be taken to give effect to the provisions of Articles 6 (workers medically unfit for night work), 7 (maternity protection), 9 (social services) and 10 (consultation with workers’ representatives) of the Convention, which lay down some of the measures that need to be taken as a minimum for the protection of night workers. The Committee recalls that as provided for in Article 3, paragraph 2, of the Convention, these measures may be applied progressively but they do remain binding in nature and have to be ultimately implemented. 

In its last report, the Government states that since its social partners who are the main actors in the world of work take the view that there is no inconsistency between the national legislation and the requirements of the Convention, it does not consider it necessary to introduce any legislative amendments. Under these circumstances, the Committee wishes to emphasize the Government’s responsibility for bringing the national legislation into full compliance with each and every binding provision of an international labour Convention that it decides to ratify. It therefore asks the Government to take appropriate action, in consultation with the employers’ and workers’ organizations concerned, to ensure that the abovementioned provisions of the Convention are fully incorporated into the national legislation. While recalling the possibility for progressive implementation afforded by the Convention, the Committee asks the Government to keep it informed of any progress made in this respect.

Article 4. Free health assessments. In the absence of a concrete reply on this point, the Committee once more requests the Government to specify the provision(s) of Act No. 87–01 of 9 May 2001 on social security which provide for free medical examination of night workers: (i) before they take up their assignment; (ii) at regular intervals during such assignment; and (iii) at any time if they experience health problems caused by the performance of night work, as prescribed by the Convention.

Article 11 of the Convention and Part V of the report form. The Committee notes the Government’s indication that no collective agreements exist containing detailed provisions on night work regulation. The Committee asks the Government to collect and transmit in its next report all available information on the practical application of the Convention, including for instance, statistics on night workers, broken down – if possible – by sex, age and sector of employment, labour inspection results showing the number and nature of any infringements observed and the penalties imposed, copies of official documents or studies addressing labour issues related to night working, etc.

[The Government is asked to reply in detail to the present comments in 2008.]