Night Work (Women) Convention (Revised), 1948 (No. 89) - Angola (RATIFICATION: 1976)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions No. 1 (hours of work), Nos 14 and 106 (weekly rest), and No. 89 (women’s night work), together. Following its last comments, the Committee notes that the Government provides information in its reports on the provisions of the General Labour Act of 2015 (Act No. 7/15, thereafter, the Act) implementing the Conventions.

Hours of work

Article 2(b) of Convention No. 1. Variable distribution of hours of work during the week. The Committee notes that the Act establishes that normal hours of work are limited to eight hours a day and 44 hours a week (section 95(1)). The Act allows variable distribution of working hours by collective or individual agreement (section 3(17) and (34) and section 97(2)). The Committee notes that: (i) section 95(2) allows normal weekly working hours to be increased to 54 hours in case of modulated or variable working hours; and section 95(3), which sets limits to the possible extension of daily working hours, appears to apply only to intermittent work. The Committee recalls that Article 2(b) allows regular averaging of hours of work within the limits of 48 hours per week and nine hours per day. It also requires such working-time arrangement be adopted with the sanction of the competent public authority, or by agreement between employers’ and workers’ organizations. The Committee therefore notes that the regular averaging scheme under the Act is not fully in conformity with the Convention given that: (i) the weekly limit set in section 95(2) exceeds the 48-hour limit set in the Convention; (ii) no clear limit of nine hours per day is established in this context; and (iii) regular averaging schemes can be provided for by individual agreements. The Committee therefore requests the Government to review the corresponding provisions of the Act in light of the Article 2(b). It also request the Government to provide information on the implementation of regular averaging schemes in practice.

Article 5. Variable distribution of working hours over periods longer than the week. The Committee notes that section 104 of the Act provides for special working-time arrangements whereby continuous work is performed for a maximum of four weeks followed by an equal period of rest. According to section 104(2)(e), hours of work are calculated on an annual basis, based on a 44 hours working week. In this scheme, if shift work is involved, the daily hours of work may be up to 12 hours. No daily limit is otherwise specifically set. The Committee recalls that Article 5 allows for variation of daily limit of work over periods longer than a week only in exceptional cases and such variation may be established through agreement between workers’ and employers’ organizations to which the Government may give the force of regulations. The Committee requests the Government to provide information on the circumstances in which the working-time arrangements foreseen under section 104 of the Act may be implemented.

Article 6(2). Rate of pay for overtime. The Committee notes that section 117 of the Act provides that workers of small and micro-sized enterprises shall be remunerated for overtime with an increase of the rate of normal hours of work of 20 per cent and 10 per cent respectively, whereas workers in larger enterprises get much more favourable rates (up to 75 per cent in certain cases). The Committee requests the Government to take the necessary measures to ensure compliance with Article 6(2), which requires a rate of pay for overtime not less than one and one-quarter times the regular rate, regardless of the size of the enterprise.

Weekly rest

Article 7(1) of Convention No. 106. Permanent exceptions to the normal weekly rest scheme. With reference to the scheme provided for under section 104 of the Act, as described above, the Committee recalls that Article 7(1) provides that special weekly rest schemes can only be introduced with respect to specified categories of persons or specified types of establishments covered by the Convention (commerce and offices). Further to its request under Convention No. 1 above, the Committee therefore asks the Government to specify the categories of persons or types of establishments covered by the Convention in which the working-time arrangements foreseen under section 104 of the Act may be implemented.

Article 4(1) of Convention No. 14 and Article 7(4) of Convention No. 106. Consultations with representative employers’ and workers’ organizations in case of permanent exceptions. The Committee notes that section 119 of the Act provides for the possible adoption of permanent exceptions to the normal weekly rest scheme, whereby weekly rest can be given on a day other than Sunday, in case of continuous work or for reasons of public interest or technical reasons. The same provision refers to decisions of the public authorities to determine the specific activities or establishments concerned. The Committee recalls that Article 4(1) of Convention No. 14 and Article 7(4) of Convention No. 106 provide that measures concerning permanent exceptions to weekly rest shall be adopted in consultations with representative employers’ and workers’ organizations. The Committee requests the Government to provide information on the decisions adopted in application of section 119 of the Act and the consultations held in this regard.

Women’s night work

Article 3 of Convention No. 89. Prohibition of women’s night work. The Committee notes that section 245(1)(b) of the Act prohibits women form working at night in industrial undertakings. While noting that the Act also provides for exceptions and possible derogations from this principle, the Committee recalls that that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (see 2018 General Survey on working-time instruments, paragraph 545). The Committee therefore invites the Government to review the provisions of section 245 of the Act in light of this principle and in consultation with the social partners. Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.

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The Committee takes note of the adoption of the General Labour Law (Law No. 7/15 of 21 April 2015). The Committee requests the Government to indicate the provisions of the new law which give application to the Convention.

In addition, the Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the application of the Convention.

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The Committee notes with regret 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 matters raised in its previous comments.

Repetition

Articles 4 and 8 of the Convention. Exceptions. The Committee has been commenting on section 271(2)(c) of General Labour Act No. 2/2000, which provides that women may be authorized to work at night in cases of shift work if they so agree, thus introducing broader exceptions to the prohibition of night work for women than those permitted under the Convention. The Committee has been drawing the Government’s attention to the 1990 Protocol to Convention No. 89, which allows for negotiated exemptions from the prohibition of night work and variations in the duration of the night period, and has been inviting the Government to give favourable consideration to the ratification of either the 1990 Protocol or the Night Work Convention, 1990 (No. 171), which covers all sectors and applies to all night workers irrespective of gender.

In light of the observations made in 2008 by the National Union of Angolan Workers (UNTA) on the application of the Convention, and also in view of the fact that the Government has not yet taken any measures to ensure the conformity of its law and practice with relevant ILO standards, the Committee is obliged to reiterate that the present trend is to replace restrictions on women’s night work with gender-sensitive 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 strengthening non-discrimination, 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 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which, parenthetically, Angola is a party since September 1986), 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 therefore requests the Government to review in a timely manner all legislative restrictions concerning the employment of women during the night with due regard to the relevant provisions of the 1990 Protocol or Convention No. 171, and to keep the Office informed of any decision envisaged or taken with respect to the eventual ratification of either instrument.

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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 matters raised in its previous direct request, which read as follows:

Repetition

Articles 4 and 8 of the Convention. Exceptions. The Committee has been commenting on section 271(2)(c) of General Labour Act No. 2/2000, which provides that women may be authorized to work at night in cases of shift work if they so agree, thus introducing broader exceptions to the prohibition of night work for women than those permitted under the Convention. The Committee has been drawing the Government’s attention to the 1990 Protocol to Convention No. 89, which allows for negotiated exemptions from the prohibition of night work and variations in the duration of the night period, and has been inviting the Government to give favourable consideration to the ratification of either the 1990 Protocol or the Night Work Convention, 1990 (No. 171), which covers all sectors and applies to all night workers irrespective of gender.

In light of the observations made in 2008 by the National Union of Angolan Workers (UNTA) on the application of the Convention, and also in view of the fact that the Government has not yet taken any measures to ensure the conformity of its law and practice with relevant ILO standards, the Committee is obliged to reiterate that the present trend is to replace restrictions on women’s night work with gender-sensitive 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 strengthening non-discrimination, 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 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which, parenthetically, Angola is a party since September 1986), 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 therefore requests the Government to review in a timely manner all legislative restrictions concerning the employment of women during the night with due regard to the relevant provisions of the 1990 Protocol or Convention No. 171, and to keep the Office informed of any decision envisaged or taken with respect to the eventual ratification of either instrument.

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Articles 4 and 8 of the Convention. Exceptions. The Committee has been commenting on section 271(2)(c) of the General Labour Act No. 2/2000, which provides that women may be authorized to work at night in cases of shift work if they so agree, thus introducing broader exceptions to the prohibition of night work for women than those permitted under the Convention. The Committee has been drawing the Government’s attention to the 1990 Protocol to Convention No. 89, which allows for negotiated exemptions from the prohibition of night work and variations in the duration of the night period, and has been inviting the Government to give favourable consideration to the ratification of either the 1990 Protocol or the Night Work Convention, 1990 (No. 171), which covers all sectors and applies to all night workers irrespective of gender.

In light of the observations made by the National Union of Angolan Workers (UNTA) on the application of the Convention and also in view of the fact that the Government has not yet taken any measures to ensure the conformity of its law and practice with relevant ILO standards, the Committee is obliged to reiterate that the present trend is to replace restrictions on women’s night work with gender-sensitive 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 strengthening non-discrimination, 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 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which, parenthetically, Angola is a party since September 1986), 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 therefore requests the Government to review in a timely manner all legislative restrictions concerning the employment of women during the night with due regard to the relevant provisions of the 1990 Protocol or Convention No. 171, and to keep the Office informed of any decision envisaged or taken with respect to the eventual ratification of either instrument.

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Article 4 of the Convention. Exceptions. The Committee has been commenting on section 271(2)(c) of the General Labour Act No. 2/2000 which provides for broader exceptions to the prohibition of night work of women than those permitted under the Convention. The Committee has also been drawing attention to the Protocol of 1990 to Convention No. 89, which expands considerably the exemption possibilities with regard to the prohibition of night work for women, and has been inviting the Government to give favourable consideration to its ratification. In the absence of any specific reply on this point, the Committee is obliged to reiterate that the aforementioned provision of the General Labour Act is not consistent with the Convention and calls for remedial action. In the light of the foregoing observations, the Committee once again invites the Government to consider the possibility of ratifying either the 1990 Protocol which affords greater flexibility in the application of Convention No. 89 while remaining focused on the protection of female workers, or Convention No. 171 which shifts the emphasis from a specific category of workers and sector of economic activity to the safety and health protection of all night workers irrespective of gender. The Committee asks the Government to keep the Office informed of any decision taken in this regard.

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The Committee recalls its previous direct request in which it drew the Government’s attention to a specific provision of the General Labour Act No. 2/2000 allowing for broader exceptions to the prohibition of night work of women than those permitted under the Convention. The Committee notes that no explanations have been provided concerning this point and that the Government affirms that under the new labour legislation women’s night work may in fact be authorized by the General Labour Inspectorate when shift work so requires and the female workers concerned have given their consent.

The Committee takes this opportunity 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. In this respect, 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 requests the Government to keep it informed of any progress made or decisions taken in this regard. Finally, the Committee would be grateful to the Government for providing in its next report, 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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Article 5 of the Convention.  The Committee notes the adoption of the new General Labour Act No. 2/2000. It notes that under article 271(2)(c) of the new General Labour Act, the employment of women during the night may be authorized by the General Labour Inspectorate when work is organized on rotating shifts and women workers have given their consent to being included in such shifts. The Committee points out, in this respect, that this provision does not appear to be consistent with the Convention as the only exceptions permitted by the Convention to the general ban on women’s night work are those provided for in Articles 3, 4, 5 and 8 of the Convention. The Committee asks the Government to supply fuller information on the practical application of this provision and to indicate the measures it intends to adopt to ensure that any exceptions to the night work prohibition remain within the limits set out in the abovementioned Articles of the Convention.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171) or the Protocol of 1990 to Convention No. 89.

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The Committee notes that the Government's report contains no reply to its previous comments. 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 matters raised in its previous direct request, which read as follows:

Articles 2 and 3 of the Convention. The Committee noted previously that under section 27(2) of Decree No. 61/82 of 3 August 1992, in conjunction with section 8 providing for a compulsory interval of ten hours between two periods of work, the night period during which women may not be employed in industrial enterprises is ten hours.

The Committee recalls that the Convention states that the night period must be "of at least 11 consecutive hours".

The Committee notes from the Government's report that the General Labour Act (No. 6/81 of 24 August 1981) is in the process of being revised. It hopes that the Government will take advantage of the revision to bring the legislation into conformity with the Convention and asks it to report on progress made in this respect.

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Articles 2 and 3 of the Convention. The Committee noted previously that under section 27(2) of Decree No. 61/82 of 3 August 1992, in conjunction with section 8 providing for a compulsory interval of ten hours between two periods of work, the night period during which women may not be employed in industrial enterprises is ten hours.

The Committee recalls that the Convention states that the night period must be "of at least 11 consecutive hours".

The Committee notes from the Government's report that the General Labour Act (No. 6/81 of 24 August 1981) is in the process of being revised. It hopes that the Government will take advantage of the revision to bring the legislation into conformity with the Convention and asks it to report on progress made in this respect.

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The Committee refers to its previous comments which read as follows:

Articles 2 and 3 of the Convention. Under section 27, paragraph 2, of Decree No. 61/82, of 3 August 1982, taken in conjunction with section 8, which provides for a compulsory interval of ten hours between two periods of work, the prohibition of night work for women covers a total of ten hours, whereas the Convention prescribes 11 consecutive hours.

The Committee hopes that the necessary measures will be taken in the near future to bring the legislation into conformity with the provisions of the Convention and it requests the Government to report any progress achieved 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 matters raised in its previous direct request, which read as follows:

Articles 2 and 3 of the Convention. Under section 27, paragraph 2, of Decree No. 61/82 of 3 August 1982, taken in conjunction with section 8 which provides for a compulsory interval of 10 hours between two periods of work, the prohibition of night work for women covers a total of 10 hours whereas the Convention prescribes 11 consecutive hours.

The Committee hopes that the Government will take the necessary measures to bring the legislation into conformity with these provisions of the Convention and requests it to report any progress achieved in this respect.