Night Work (Women) Convention (Revised), 1948 (No. 89) - Guinea (Ratification: 1966)

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

Article 3 of the Convention. Prohibition of night work of women. The Committee notes that section 136.1(1) of the Labour Code prohibits the night work of women in principle in factories, manufacturing, mines and quarries, construction sites, workshops and their outbuildings of any kind. Noting that the Labour Code provides for exceptions and possible exemptions from this principle (sections 136.1(2) and 136.2), 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 in occupation and employment (see 2018 General Survey on working-time instruments, paragraph 545). The Committee therefore invites the Government to examine sections 136.1 and 136.2 of the Labour Code in the light of this principle and in consultation with the social partners. Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also 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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Prohibition of night work of women. The Committee notes that the prohibition against the employment of women during the night continues to apply by virtue of sections 146, 148 and 149 of the Labour Code, Ordinance No. 003/PRG/SGG/88 of 28 January 1988, and section 1 of Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning the employment of women and pregnant women. The Committee takes this opportunity to refer to paragraphs 191–202 of its General Survey of 2001 on the night work of women in industry, in which it referred to the continued relevance of the instruments on women’s night work and observed that the present trend is no doubt to move away from a blanket ban on women’s night work and to give the social partners at the national level the responsibility for determining the extent of the permitted exemptions. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. The Committee wishes therefore to draw the Government’s attention to the 1990 Protocol which affords greater flexibility in the application of the Convention. It also requests the Government to provide, in accordance with Part V of the report form, all available information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the number and nature of contraventions reported, the application of the exceptions allowed under Articles 4 and 6 of the Convention, etc.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Prohibition of night work of women. The Committee notes that the prohibition against the employment of women during the night continues to apply by virtue of sections 146, 148 and 149 of the Labour Code, Ordinance No. 003/PRG/SGG/88 of 28 January 1988, and section 1 of Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning the employment of women and pregnant women. The Committee takes this opportunity to refer to paragraphs 191–202 of its General Survey of 2001 on the night work of women in industry, in which it referred to the continued relevance of the instruments on women’s night work and observed that the present trend is no doubt to move away from a blanket ban on women’s night work and to give the social partners at the national level the responsibility for determining the extent of the permitted exemptions. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. The Committee wishes therefore to draw the Government’s attention to the 1990 Protocol which affords greater flexibility in the application of the Convention. It also requests the Government to provide, in accordance with Part V of the report form, all available information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the number and nature of contraventions reported, the application of the exceptions allowed under Articles 4 and 6 of the Convention, etc.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Prohibition of night work of women. The Committee notes that the prohibition against the employment of women during the night continues to apply by virtue of sections 146, 148 and 149 of the Labour Code, Ordinance No. 003/PRG/SGG/88 of 28 January 1988, and section 1 of Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning the employment of women and pregnant women. The Committee takes this opportunity to refer to paragraphs 191–202 of its General Survey of 2001 on the night work of women in industry, in which it referred to the continued relevance of the instruments on women’s night work and observed that the present trend is no doubt to move away from a blanket ban on women’s night work and to give the social partners at the national level the responsibility for determining the extent of the permitted exemptions. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. The Committee wishes therefore to draw the Government’s attention to the 1990 Protocol which affords greater flexibility in the application of the Convention. It also requests the Government to provide, in accordance with Part V of the report form, all available information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the number and nature of contraventions reported, the application of the exceptions allowed under Articles 4 and 6 of the Convention, etc.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Prohibition of night work of women. The Committee notes that the prohibition against the employment of women during the night continues to apply by virtue of sections 146, 148 and 149 of the Labour Code, Ordinance No. 003/PRG/SGG/88 of 28 January 1988, and section 1 of Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning the employment of women and pregnant women. The Committee takes this opportunity to refer to paragraphs 191–202 of its General Survey of 2001 on the night work of women in industry, in which it referred to the continued relevance of the instruments on women’s night work and observed that the present trend is no doubt to move away from a blanket ban on women’s night work and to give the social partners at the national level the responsibility for determining the extent of the permitted exemptions. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. The Committee wishes therefore to draw the Government’s attention to the 1990 Protocol which affords greater flexibility in the application of the Convention. It also requests the Government to provide, in accordance with Part V of the report form, all available information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the number and nature of contraventions reported, the application of the exceptions allowed under Articles 4 and 6 of the Convention, etc.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Prohibition of night work of women. The Committee notes that the prohibition against the employment of women during the night continues to apply by virtue of sections 146, 148 and 149 of the Labour Code, Ordinance No. 003/PRG/SGG/88 of 28 January 1988, and section 1 of Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning the employment of women and pregnant women. The Committee takes this opportunity to refer to paragraphs 191–202 of its General Survey of 2001 on the night work of women in industry, in which it referred to the continued relevance of the instruments on women’s night work and observed that the present trend is no doubt to move away from a blanket ban on women’s night work and to give the social partners at the national level the responsibility for determining the extent of the permitted exemptions. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. The Committee wishes therefore to draw the Government’s attention to the 1990 Protocol which affords greater flexibility in the application of the Convention. It also requests the Government to provide, in accordance with Part V of the report form, all available information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the number and nature of contraventions reported, the application of the exceptions allowed under Articles 4 and 6 of the Convention, etc.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the prohibition against the employment of women during the night continues to apply by virtue of sections 146, 148 and 149 of the Labour Code, Ordinance No. 003/PRG/SGG/88 of 28 January 1988, and section 1 of Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning the employment of women and pregnant women. The Committee takes this opportunity to refer to paragraphs 191 to 202 of its General Survey of 2001 on the night work of women in industry, in which it referred to the continued relevance of the instruments on women’s night work and observed that the present trend is no doubt to move away from a blanket ban on women’s night work and to give the social partners at the national level the responsibility for determining the extent of the permitted exemptions. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. The Committee wishes therefore to draw the Government’s attention to the 1990 Protocol which affords greater flexibility in the application of the Convention. It also requests the Government to provide, in accordance with Part V of the report form, all available information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the number and nature of contraventions reported, the application of the exceptions allowed under Articles 4 and 6 of the Convention, etc.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. It notes, in particular, that the prohibition against the employment of women during the night continues to apply by virtue of sections 146, 148 and 149 of the Labour Code, Ordinance No. 003/PRG/SGG/88 of 28 January 1988, and section 1 of Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning the employment of women and pregnant women. The Committee takes this opportunity to refer to paragraphs 191 to 202 of its General Survey of 2001 on the night work of women in industry, in which it referred to the continued relevance of the instruments on women’s night work and observed that the present trend is no doubt to move away from a blanket ban on women’s night work and to give the social partners at the national level the responsibility for determining the extent of the permitted exemptions. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. The Committee wishes therefore to draw the Government’s attention to the 1990 Protocol which affords greater flexibility in the application of the Convention. It also requests the Government to provide, in accordance with Part V of the report form, all available information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the number and nature of contraventions reported, the application of the exceptions allowed under Articles 4 and 6 of the Convention, etc.