Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Night Work (Women) Convention (Revised), 1948 (No. 89) - United Arab Emirates (Ratification: 1982)

Article 3 of the Convention. General prohibition of night work for women. The Committee recalls that, for the past ten years, it has been commenting on Ministerial Order No. 46/1 of 1980, which authorizes the night work of women in, among others, tourism, health-care and transport sectors and in cases of serious accident, repair work or extraordinary pressure. In this connection, the Committee has been drawing the Government’s attention to the 1990 Protocol to Convention No. 89 and to the Night Work Convention, 1990 (No. 171), which provide for broader exemptions from the night work prohibition and variations in the duration of the night period, while maintaining the focus on women’s protection from arduous working conditions. However, the Committee notes that the Government’s most recent report provides no information concerning any measures taken or envisaged in this regard, while merely indicating that the subject remains under examination.

The Committee recalls that the subject of the night work of women, and the reinterpretation of gender-specific roles in marriage, family responsibility and working life, has been the subject of ILO meetings of experts, the 2001 General Survey, as well as Office reports, including the 1989 report which explained that the “ILO seeks to rationalize the various interests and doctrines into a coherent policy that ensures equal opportunity and at the same time prevents the deterioration of working conditions.” In this connection, Protocol of 1990 was designed to ease prohibitions in cases where some form of restriction aimed only at women were considered valid and Convention No. 171 aims to provide measures of protection for both genders of night workers. Recalling that the protective function of the night work standards should, only on a limited basis and subject to regular review, be legitimately considered as justified, the Committee requests the Government to consider bringing the national legislation relating to the employment of women in line with the Convention, in consultation with the social partners. The Committee draws the Government’s attention to the 2001 General Survey on the night work of women in industry, paragraphs 29–32 and 161–169, and reiterates that the Government may avail itself of technical assistance from the Office with a view to better understanding the possibilities and implications of each of the two instruments and consequentially revising the national legislation. The Committee requests the Government to provide information on any measures taken or envisaged in this respect.