Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Paraguay

Night Work (Women) Convention (Revised), 1948 (No. 89) (Ratification: 1966)
Part-Time Work Convention, 1994 (No. 175) (Ratification: 2021)

Previous comment C. 89

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 89 (night work (women)) and 175 (part-time work) together.

Part-time work

The Committee takes note of the Government’s first report.

Article 8 of Convention No. 175. Revision of thresholds in consultation with the social partners. The Committee notes the indication of the Government in its report regarding the revision of the thresholds applicable to earnings and hours of work referred to in Article 8, which will take place five years after the entry into force of Law No. 6339/19 regulating part-time work. The Committee requests the Government to provide information on the revision of the thresholds referred to in Article 8, in consultation with the social partners.

Article 9. Measures adopted to facilitate access to productive and freely chosen part-time work. The Committee notes that the Government refers to the adoption of the National Employment Plan 2022-2026 but does not provide information on measures taken to facilitate access to part-time work. The Committee requests the Government to provide information on measures taken or envisaged, in law or in practice, to facilitate access to productive and freely chosen part-time work, which meets the needs of both employers and workers, in accordance with Article 9 of the Convention.

Article 10. Voluntary transfer from full-time to part-time work or vice versa. The Committee notes the reference made by the Government to article 3 of Resolution No. 3917/19 of the Ministry of Labor, Employment and Social Security, which stipulates that employers and workers who, prior to the entry into force of Law No. 6339, had a full-time employment contract and wished to benefit from a transfer to part-time work, may implement such a transfer only after terminating the employment relationship for the reasons and under the conditions set out in the Labour Code. The Committee requests the Government to provide information on the measures taken or envisaged, in law or in practice, to facilitate the voluntary transfer from full-time to part-time work, or vice versa.

Night work (women)

Article 3 of Convention No. 89. Prohibition of night work for women. While noting the Government’s indication that the tripartite consultations for the denunciation of the Convention have not yet taken place, the Committee recalls that the Convention will be open for denunciation between 27 February 2031 and 27 February 2032, and it 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 (2018 General Survey on Working Time, paragraph 408).