Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes the information contained in the Government’s report, in particular the adoption of Act No. 2002-20 of 6 August 2002 which repeals the prohibition on women’s night work in line with the legislation currently in force in metropolitan France and the Government’s international commitments. The Committee notes that section 35 of Ordinance No. 85-1181 of 13 November 1985, as amended by Act No. 2002-20, no longer prohibits women workers from being employed in industrial undertakings during the night, defined as the seven-hour period between 10 p.m. and 5 a.m., but merely provides that night workers may request their transfer to day work positions if night employment is incompatible with family responsibilities such as childcare or support for dependants. The Committee therefore concludes that for all practical purposes the Convention has ceased to apply.

In this connection, the Government’s attention is drawn to paragraphs 191-202 of the 2001 General Survey on the night work of women in industry in which the Committee took the view that the present trend is clearly in support 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. The Committee further indicated that the Night Work Convention, 1990 (No. 171), was drafted for those countries which would be prepared to eliminate all women-specific restrictions on night work (except for those aimed at protecting women’s reproductive and infant nursing role) while seeking to improve the working and living conditions of all night workers.

Considering, therefore, the Government’s decision to no longer give effect to this Convention, and also recalling the need for an appropriate legal framework addressing the problems and hazards of night work in general, the Committee invites the Government to give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which shifts the emphasis from a specific category of workers and sector of economic activity to the safety and health protection of night workers irrespective of gender in nearly all branches and occupations. The Committee asks the Government to keep it informed of any decision taken in this regard.