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

Night Work (Women) Convention (Revised), 1948 (No. 89) - Algeria (Ratification: 1962)

Articles 2 and 4 of the Convention. Duration of compulsory night rest and exception possibilities. The Committee recalls its previous comments in which it noted that the provisions of the labour legislation concerning the duration of the night period and the exemption possibilities to the general prohibition against women’s night work are not entirely consistent with the requirements of the Convention. In its last report, the Government indicates that it is working on a major labour law reform and that in this context it intends to introduce the necessary legislative amendments in view of the transformation of the world of work.

Considering that the revision process is currently under way, the Committee wishes to recall that the present trend is clearly in favour 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. Noting that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and promoting gender equality, the Committee further recalls that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (to which, parenthetically, Algeria has been a party since May 1996), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment. The Committee accordingly encourages the Government to consider favourably the ratification of the Night Work Convention, 1990 (No. 171), which sets out up-to-date standards applying to all night workers and to all occupations without distinction. The Committee requests the Government to review – in the ongoing revision process of the labour legislation – all restrictions concerning the employment of women during the night with due regard to the relevant provisions of Convention No. 171, and to keep the Office informed of any decision envisaged or taken with respect to the possible ratification of that instrument.