Night Work (Women) Convention (Revised), 1948 (No. 89) - Algeria (RATIFICATION: 1962)

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Articles 2 and 4 of the Convention. Duration of compulsory night rest and exception possibilities. The Committee recalls its previous comments in which it noted that the provisions of the labour legislation concerning the duration of the night period and the exemption possibilities to the general prohibition against women’s night work are not entirely consistent with the requirements of the Convention. In its last report, the Government indicates that it is working on a major labour law reform and that in this context it intends to introduce the necessary legislative amendments in view of the transformation of the world of work.

Considering that the revision process is currently under way, the Committee wishes to recall that the present trend is clearly in favour of lifting all restrictions on women’s night work and formulating gender-sensitive night work regulations offering safety and health protection to both men and women. Noting that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and promoting gender equality, the Committee further recalls that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (to which, parenthetically, Algeria has been a party since May 1996), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment. The Committee accordingly encourages the Government to consider favourably the ratification of the Night Work Convention, 1990 (No. 171), which sets out up-to-date standards applying to all night workers and to all occupations without distinction. The Committee requests the Government to review – in the ongoing revision process of the labour legislation – all restrictions concerning the employment of women during the night with due regard to the relevant provisions of Convention No. 171, and to keep the Office informed of any decision envisaged or taken with respect to the possible ratification of that instrument.

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Article 2 of the Convention. Duration of minimum compulsory night rest. The Committee notes with regret that the Government’s report does not reply to the points that the Committee has been raising for many years concerning the definition of the term “night work” and the exemption possibilities under sections 27 and 29 of Act No. 90-11 of 21 April 1990 respecting labour relations. Whereas in its previous report submitted in 2003, the Government had indicated that draft amendments bringing the relevant provisions into conformity with Article 2 of the Convention were under preparation and that the revised text would be transmitted once it had been adopted, in its last report the Government limits itself to reiterating the main provisions of the 1990 legislation which are clearly inconsistent with the requirements of the Convention.

The Committee recalls once more that the Protocol of 1990 to Convention No. 89 was drafted with a view to offering greater flexibility in terms of variations in the duration of the night period and broader exemptions from the prohibition of night work, and therefore its ratification and proper implementation would permit to eliminate the current divergence between the national legislation and the Convention. The Committee therefore invites the Government to give favourable consideration to the ratification of the 1990 Protocol to Convention No. 89 and to report on any progress made regarding the amendment of the 1990 Act on labour relations.

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The Committee has been commenting for several years on the duration of the night period and the exemption possibilities provided for in sections 27 and 29 of Act No. 90-11 of 21 April 1990 respecting labour relations which are not entirely consistent with the requirements of the Convention. In its reply, the Government indicates that a draft amendment bringing the relevant provisions into full conformity with Article 2 of the Convention is under preparation and that the text of the new legislation will be transmitted as soon as it is adopted.

In this respect, the Committee wishes to refer to paragraphs 191-202 of its 2001 General Survey on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a general prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. More concretely, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol. Therefore, the Committee once again invites the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female workers. The Committee hopes that the Government will take due account of the preceding observations in amending the 1990 Act on labour relations and asks the Government to keep it informed of any developments in this respect. Finally, the Committee would be grateful to the Government for continuing to supply, in accordance with Part V of the report form, all available information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the application of the exceptions allowed under the provisions of the Convention, etc.

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The Committee notes the information supplied by the Government in its report. It also notes the statistical data concerning the exemptions granted by specific regional labour inspectorates in respect of night employment of female workers.

The Committee recalls its previous comments in which it noted that, according to article 27 of Act No. 90-11 of 21 April 1990, respecting labour relations, night work is taken to mean any work performed between 9 p.m. and 5 a.m., while Article 2 of the Convention provides that the term "night" signifies a period of at least 11 consecutive hours, including an interval of at least seven consecutive hours falling between 10 o’clock in the evening and 7 o’clock inn the morning.

The Committee also notes that, under article 29 of Act No. 90-11 of 21 April 1990, respecting labour relations, the labour inspector may exceptionally authorize the employment of women during the night if the nature and special circumstances of the work so require. The Committee stresses in this regard that the only exemption possibilities allowed by the Convention are those specifically provided for in Articles 3, 4, 5 and 8. The Committee cannot but draw attention once more to the decree, already planned since 1985, to determine the production or service units or workplaces in which the night work of women is permitted, reiterating the hope that this decree will be adopted shortly and that it will take account of the provisions of the Convention.

The Committee recalls that the principal obligation for a Government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. The Committee trusts that the Government will not fail to indicate in its next report the progress made in eliminating the divergences between the legislation and the Convention.

The Committee also wishes to draw the Government’s attention to the Protocol of 1990 to Convention No. 89, which offers greater flexibility in the application of this Convention.

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The Committee notes the information supplied by the Government in its report. It notes as well the statistics concerning the employment of women in Algeria for 1991 which show that women in employment account for almost 10 per cent of the total economically active population.

Article 2 of the Convention. The Committee refers to its previous comments in which it noted that Act No. 81-03 of 21 February 1981 to fix working hours prohibits night work, in section 14, for anyone under 19 years of age and, in section 15, for women of over 19 years of age. Furthermore, under section 13, any work performed between 9 p.m. and 5 a.m. is regarded as night work. The Committee asks the Government to indicate the measures taken or contemplated to ensure, in accordance with this provision of the Convention, that the ban on night work covers a period of at least 11 consecutive hours.

The Committee notes Act No. 90-11 of 21 April 1990 respecting labour relations, section 28 of which prohibits the employment of workers of either sex who have not reached 19 years of age in night work, and section 29 of which prohibits the assignment of female staff to night work. Furthermore, under section 27 of the same Act, any work performed between 9 p.m. and 5 a.m. is regarded as night work. The Committee notes that Act No. 90-11 of 21 April 1990 respecting labour relations does not amend the previous legislation since it merely repeats the provisions of sections 13, 14 and 15 of Act No. 81-03 of 21 February 1981 fixing working hours. It notes from the Government's report that its comments have again been submitted to Parliament with a view to amending the legislation to make it consistent with the provisions of the Convention. The Committee hopes that the necessary amendments will be adopted shortly in order to bring the legislation into conformity with the Convention, and asks the Government to indicate any progress made in this respect.

Articles 3 and 8. The Committee again refers to the planned decree to determine the production or service units or the jobs in which women's night work is permitted, and reiterates the hope that this decree will take account of the provisions of the Convention. The Committee asks the Government to indicate any progress made in this respect.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 2 of the Convention. Section 14 of Act No. 81-03 of 21 February 1981 respecting hours of work prohibits the night work of all persons under 19 years of age and section 15 of the same Act prohibits night work for women aged 19 years or more. Furthermore, under section 13, night work is taken to mean any work carried out between 9 p.m. and 5 a.m. The Committee once again emphasizes that measures must be taken to ensure that, in all cases, the prohibition of night work by women covers a period of at least 11 consecutive hours, in accordance with this Article of the Convention.

Articles 3 and 8. The Decree which is to determine the production or service units or workplaces in which the night work of women is permitted must take into account the provisions of the Convention.

The Committee noted that new legislation is being prepared and that it will take account of the provisions of the Convention.

The Committee hopes that it will be possible for the new texts to be completed and adopted in the near future and asks the Government to report on progress in this respect.

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The Committee refers to its previous comments which concerned the following points:

Article 2 of the Convention. Section 14 of Act No. 81-03 of 21 February 1981 respecting hours of work prohibits the night work of all persons under 19 years of age and section 15 of the same Act prohibits night work for women aged 19 years or more. Furthermore, under section 13, night work is taken to mean any work carried out between 9 p.m. and 5 a.m. The Committee once again emphasises that measures must be taken to ensure that, in all cases, the prohibition of night work by women covers a period of at least 11 consecutive hours, in accordance with this Article of the Convention.

Articles 3 and 8. The Decree which is to determine the production or service units or workplaces in which the night work of women is permitted must take into account the provisions of the Convention.

The Committee notes from the Government's report that new legislation is being prepared and that it will take account of the provisions of the Convention.

The Committee hopes that it will be possible for the new texts to be completed and adopted in the near future and asks the Government to report on progress in this respect.