Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 3 of the Convention. Prohibition of night work for women. Following up on its previous comment, the Committee notes the Government’s explanations that it intends to examine carefully the advisability and implications of the possible ratification of the 1990 Protocol to Convention No. 89 as a means of adapting the national legislation to new economic and social realities and innovatory forms of work, such as flexible hours and telework. In this connection, the Government refers to a communication of the National Women’s Institute, dated 3 July 2008, in which it is stressed the importance of ratifying the 1990 Protocol with a view to bringing the national legislation into line with other ratified instruments, such as the UN Convention on the Elimination of All Forms of Discrimination Against Women and the ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111). A similar view was expressed by the Gender Equality Department of the Ministry of Labour and Social Security in a letter dated 30 June 2008, in which the ratification of the Protocol was recommended as a tool for smooth transition from outright prohibition to free access to night employment. The Government indicates that it will launch a vast process of consultations on this matter and that it will report on the results obtained.

In this connection, the Committee wishes to draw once more the Government’s attention to the fact that member States are increasingly required to initiate a review process of their protective legislation aiming at the gradual elimination of any provisions which would be contrary to the principle of equal treatment between men and women, except those connected with maternity protection, and with due account being taken of national circumstances. The Committee, therefore, invites the Government to favourably consider the possibility of ratifying either the 1990 Protocol to Convention No. 89, which offers greater flexibility by allowing exemptions from the prohibition of night work and variations in the duration of the night period through agreements between the employers and workers, or the Night Work Convention, 1990 (No. 171), which shifts the emphasis from a specific category of workers and a sector of economic activity to the protection of night workers irrespective of gender in all branches and occupations. The Committee recalls that the Government may, if it so wishes, draw upon the expert advice and technical assistance of the International Labour Office for the purpose of revising and adapting existing legislation. It requests the Government to keep the Office informed of the ongoing consultations in these matters and of any decision taken or envisaged with regard to the possible ratification of the 1990 Protocol or of Convention No. 171.