Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Night Work Convention, 1990 (No. 171) - Montenegro (Ratification: 2016)

The Committee notes the Government’s first report.

Article 3 of the Convention. Measures taken in the fields of safety and maternity protection for all workers performing night work. Further to its comments under the Night Work (Women) Convention (Revised), 1948 (No. 89), regarding the need to review gender-specific prohibitions or restrictions to night work, the Committee notes that the Labour Code still contains provisions which prohibit women from being employed at night in certain circumstances (sections 105 and 110 of the Labour Code). The Committee recalls 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 (2018 General Survey on working time instruments, paragraph 545). The Committee therefore invites the Government to review its national legislation in light of this principle, in consultation with the social partners. In addition, noting that the country is still bound by Convention No. 89 and that the denunciation window for that Convention will be open between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation.

Article 9. Social services. The Committee notes the Government’s indication in its report that all employees have social services secured regardless of the time when they perform their work activities. It recalls that appropriate social services are among the specific measures required by the nature of night work which must be adopted for night workers to protect their health and assist them in meeting their family and social responsibilities (2018 General Survey on working time instruments, paragraph 499). The Committee therefore requests the Government to provide detailed information regarding the social services secured for night workers and, where necessary, for workers performing night work, in accordance with Article 9.