| Convention:C171 |
C171 Night Work Convention, 1990
Convention concerning Night Work
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its 77th Session on 6 June
1990, and
Noting the provisions of international labour Conventions and
Recommendations on the night work of children and young persons, and
specifically the provisions in the Night Work of Young Persons
(Non-Industrial Occupations) Convention and Recommendation, 1946, the
Night Work of Young Persons (Industry) Convention (Revised), 1948, and the
Night Work of Children and Young Persons (Agriculture) Recommendation,
1921, and
Noting the provisions of international labour Conventions and
Recommendations on night work of women, and specifically the provisions in
the Night Work (Women) Convention (Revised), 1948, and the Protocol of
1990 thereto, the Night Work of Women (Agriculture) Recommendation, 1921,
and Paragraph 5 of the Maternity Protection Recommendation, 1952, and
Noting the provisions of the Discrimination (Employment and Occupation)
Convention, 1958, and
Noting the provisions of the Maternity Protection Convention (Revised),
1952, and
Having decided upon the adoption of certain proposals with regard to
night work, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an
international Convention,
adopts this twenty-sixth day of June of the year one thousand nine
hundred and ninety the following Convention, which may be cited as the
Night Work Convention, 1990:
Article 1
For the purposes of this Convention:
(a) the term night work means all work which is performed during
a period of not less than seven consecutive hours, including the interval
from midnight to 5 a.m., to be determined by the competent authority after
consulting the most representative organisations of employers and workers
or by collective agreements;
(b) the term night worker means an employed person whose work
requires performance of a substantial number of hours of night work which
exceeds a specified limit. This limit shall be fixed by the competent
authority after consulting the most representative organisations of
employers and workers or by collective agreements.
Article 2
1. This Convention applies to all employed persons except those
employed in agriculture, stock raising, fishing, maritime transport and
inland navigation.
2. A Member which ratifies this Convention may, after consulting the
representative organisations of employers and workers concerned, exclude
wholly or partly from its scope limited categories of workers when the
application of the Convention to them would raise special problems of a
substantial nature.
3. Each Member which avails itself of the possibility afforded in
paragraph 2 of this Article shall, in its reports on the application of
the Convention under article 22 of the Constitution of the International
Labour Organisation, indicate the particular categories of workers thus
excluded and the reasons for their exclusion. It shall also describe all
measures taken with a view to progressively extending the provisions of
the Convention to the workers concerned.
Article 3
1. Specific measures required by the nature of night work, which shall
include, as a minimum, those referred to in Articles 4 to 10, shall be
taken for night workers in order to protect their health, assist them to
meet their family and social responsibilities, provide opportunities for
occupational advancement, and compensate them appropriately. Such measures
shall also be taken in the fields of safety and maternity protection for
all workers performing night work.
2. The measures referred to in paragraph 1 above may be applied
progressively.
Article 4
1. At their request, workers shall have the right to undergo a health
assessment without charge and to receive advice on how to reduce or avoid
health problems associated with their work:
(a) before taking up an assignment as a night worker;
(b) at regular intervals during such an assignment;
(c) if they experience health problems during such an assignment which
are not caused by factors other than the performance of night work.
2. With the exception of a finding of unfitness for night work, the
findings of such assessments shall not be transmitted to others without
the workers' consent and shall not be used to their detriment.
Article 5
Suitable first-aid facilities shall be made available for workers
performing night work, including arrangements whereby such workers, where
necessary, can be taken quickly to a place where appropriate treatment can
be provided.
Article 6
1. Night workers certified, for reasons of health, as unfit for night
work shall be transferred, whenever practicable, to a similar job for
which they are fit.
2. If transfer to such a job is not practicable, these workers shall be
granted the same benefits as other workers who are unable to work or to
secure employment.
3. A night worker certified as temporarily unfit for night work shall
be given the same protection against dismissal or notice of dismissal as
other workers who are prevented from working for reasons of health.
Article 7
1. Measures shall be taken to ensure that an alternative to night work
is available to women workers who would otherwise be called upon to
perform such work:
(a) before and after childbirth, for a period of at least sixteen weeks
of which at least eight weeks shall be before the expected date of
childbirth;
(b) for additional periods in respect of which a medical certificate is
produced stating that it is necessary for the health of the mother or
child:
(i) during pregnancy;
(ii) during a specified time beyond the period after childbirth fixed
pursuant to subparagraph (a) above, the length of which shall be
determined by the competent authority after consulting the most
representative organisations of employers and workers.
2. The measures referred to in paragraph 1 of this Article may include
transfer to day work where this is possible, the provision of social
security benefits or an extension of maternity leave.
3. During the periods referred to in paragraph 1 of this Article:
(a) a woman worker shall not be dismissed or given notice of dismissal,
except for justifiable reasons not connected with pregnancy or childbirth;
(b) the income of the woman worker shall be maintained at a level
sufficient for the upkeep of herself and her child in accordance with a
suitable standard of living. This income maintenance may be ensured by any
of the measures listed in paragraph 2 of this Article, by other
appropriate measures or by a combination of these measures;
(c) a woman worker shall not lose the benefits regarding status,
seniority and access to promotion which may attach to her regular night
work position.
4. The provisions of this Article shall not have the effect of reducing
the protection and benefits connected with maternity leave.
Article 8
Compensation for night workers in the form of working time, pay or
similar benefits shall recognise the nature of night work.
Article 9
Appropriate social services shall be provided for night workers and,
where necessary, for workers performing night work.
Article 10
1. Before introducing work schedules requiring the services of night
workers, the employer shall consult the workers' representatives concerned
on the details of such schedules and the forms of organisation of night
work that are best adapted to the establishment and its personnel as well
as on the occupational health measures and social services which are
required. In establishments employing night workers this consultation
shall take place regularly.
2. For the purposes of this Article the workers' representatives
means persons who are recognised as such by national law or practice,
in accordance with the Workers' Representatives Convention, 1971.
Article 11
1. The provisions of this Convention may be implemented by laws or
regulations, collective agreements, arbitration awards or court decisions,
a combination of these means or in any other manner appropriate to
national conditions and practice. In so far as they have not been given
effect by other means, they shall be implemented by laws or regulations.
2. Where the provisions of this Convention are implemented by laws or
regulations, there shall be prior consultation with the most
representative organisations of employers and workers.
Article 12
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 13
1. This Convention shall be binding only upon those Members of the
International Labour Organisation whose ratifications have been registered
with the Director-General.
2. It shall come into force twelve months after the date on which the
ratifications of two Members have been registered with the
Director-General.
3. Thereafter, this Convention shall come into force for any Member
twelve months after the date on which its ratification has been
registered.
Article 14
1. A Member which has ratified this Convention may denounce it after
the expiration of ten years from the date on which the Convention first
comes into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of ten years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of ten
years and, thereafter, may denounce this Convention at the expiration of
each period of ten years under the terms provided for in this Article.
Article 15
1. The Director-General of the International Labour Office shall notify
all Members of the International Labour Organisation of the registration
of all ratifications and denunciations communicated to him by the Members
of the Organisation.
2. When notifying the Members of the Organisation of the registration
of the second ratification communicated to him, the Director-General shall
draw the attention of the Members of the Organisation to the date upon
which the Convention will come into force.
Article 16
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the United
Nations full particulars of all ratifications and acts of denunciation
registered by him in accordance with the provisions of the preceding
Articles.
Article 17
At such times as it may consider necessary, the Governing Body of the
International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of
its revision in whole or in part.
Article 18
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention otherwise
provides:
(a) the ratification by a Member of the new revising Convention shall
ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 14 above, if and when the new
revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into force
this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form
and content for those Members which have ratified it but have not ratified
the revising Convention.
Article 19
The English and French versions of the text of this Convention are
equally authoritative.
(Note: Date of coming into force: 04:01:1995.)
Convention:C171
Place:Geneva
Session of the Conference:77
Date of adoption: 26: 06:1990