Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Night Work (Women) Convention (Revised), 1948 (No. 89) - New Caledonia

The Committee refers to its previous comments in which it had noted that the regulations applying in the territory did not provide for a nightly rest of at least 11 consecutive hours for women workers as required under Article 2 of the Convention. The Committee notes that article 34 of Ordinance No. 85-1181 of 13 November 1985, was amended by Act No. 96-609 of 5 July 1996, so that night work may be defined as work performed during any period of seven consecutive hours falling between 8 p.m. and 5 a.m. The variations in the duration of the night period may be introduced by means of territorial regulations, or in default of such regulations through collective agreement, or in default of collective agreement through an agreement in the establishment or enterprise concerned, or upon the authorization of the labour inspector subject to certain conditions. The Committee is bound, therefore, to note once more that, as the Government points out in its report, the national legislation fails to guarantee a nightly rest of at least 11 consecutive hours for women workers as provided for in the Convention.

The Committee also notes that, according to the Inter-professional Territorial Agreement of 1994, a rest period of at least 11 consecutive hours would be guaranteed. The Committee requests the Government to supply a copy of the Agreement in question. The Committee hopes, nevertheless, that measures would be taken to bring national legislation into full compliance with the Convention.

Finally, the Committee recalls that in an earlier report the Government had indicated its intention to ratify Convention No. 171. It asks the Government to provide information on any developments in this regard.