Personal tools

C171_Night_Work_1990.htm

C171_Night_Work_1990.htm — HTML, 13Kb

File contents

<html>
<!-- display.cgi : this file maintained by Ann Oakley, last modified on: 1 July 1999 -->
<head>
<title>C.171 Night Work</title>
<!---
<link rel="stylesheet" type="text/css" href="/css-eng/formatdisplay.css">
--->

<style type="text/css">
.hili {background-color: #9DC4A9;}
BODY {font-family:Arial; margin-left:15; margin-right:10; text-align:justify;}
</style>


<meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1"></head>

<!--<BODY background="/public/english/50normes/images/pap04.jpg">-->
<BODY bgcolor="#FFFFFF">
<!---<blockquote>--->
<table>
<td>
  <font face=arial, helvetica">
<h3><font color=0000ff>
C171 Night Work Convention, 1990 
</font></h3></b><font size=-2>
Convention concerning Night Work 
(Note: Date of coming into force: 04:01:1995.) 
<br>Convention:C171 
<br>Place:Geneva 
<br>Session of the Conference:77 
<br>Date of adoption:26:06:1990 
<br>Subject classification: Night Work
<br>
      <br>
      Status: Up-to-date instrument 
This Convention was adopted after 1985 and is considered up to date. 
 
</FONT><p> 
<p>
The General Conference of the International Labour Organisation,<p>
<p>
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<p>
<p>
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<p>
<p>
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<p>
<p>
Noting the provisions of the Discrimination (Employment and Occupation) 
Convention, 1958, and<p>
<p>
Noting the provisions of the Maternity Protection Convention (Revised), 1952, 
and<p>
<p>
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<p>
<p>
Having determined that these proposals shall take the form of an international 
Convention,<p>
<p>
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:<p>
<p>
<p> 
<p>
Article 1<p>
<p>
For the purposes of this Convention:<p>
<p>
(a) the term <i> night work </i> 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;<p>
<p>
(b) the term <i> night worker </i> 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.<p>
<p>
Article 2<p>
<p>
1. This Convention applies to all employed persons except those employed in 
agriculture, stock raising, fishing, maritime transport and inland navigation. 
<p>
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.<p>
<p>
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.<p>
<p>
Article 3<p>
<p>
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.<p>
<p>
2. The measures referred to in paragraph 1 above may be applied progressively. 
<p>
Article 4<p>
<p>
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:<p>
<p>
(a) before taking up an assignment as a night worker;<p>
<p>
(b) at regular intervals during such an assignment;<p>
<p>
(c) if they experience health problems during such an assignment which are not 
caused by factors other than the performance of night work.<p>
<p>
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.<p>
<p>
Article 5<p>
<p>
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.<p>
<p>
Article 6<p>
<p>
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.<p>
<p>
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.<p>
<p>
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.<p>
<p>
Article 7<p>
<p>
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:<p>
<p>
(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;<p>
<p>
(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:<p>
<p>
(i) during pregnancy;<p>
<p>
(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.<p>
<p>
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.<p>
<p>
3. During the periods referred to in paragraph 1 of this Article:<p>
<p>
(a) a woman worker shall not be dismissed or given notice of dismissal, except 
for justifiable reasons not connected with pregnancy or childbirth;<p>
<p>
(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;<p>
<p>
(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.<p>
<p>
4. The provisions of this Article shall not have the effect of reducing the 
protection and benefits connected with maternity leave.<p>
<p>
Article 8<p>
<p>
Compensation for night workers in the form of working time, pay or similar 
benefits shall recognise the nature of night work.<p>
<p>
Article 9<p>
<p>
Appropriate social services shall be provided for night workers and, where 
necessary, for workers performing night work.<p>
<p>
Article 10<p>
<p>
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.<p>
<p>
2. For the purposes of this Article the <i> workers' representatives </i> means 
persons who are recognised as such by national law or practice, in accordance 
with the Workers' Representatives Convention, 1971.<p>
<p>
Article 11<p>
<p>
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.<p>
<p>
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.<p>
<p>
 <p>
Article 12<p>
<p>
The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 13<p>
<p>
1. This Convention shall be binding only upon those Members of the 
International Labour Organisation whose ratifications have been registered 
with the Director-General.<p>
<p>
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.<p>
<p>
3. Thereafter, this Convention shall come into force for any Member twelve 
months after the date on which its ratification has been registered.<p>
<p>
Article 14<p>
<p>
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.<p>
<p>
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.<p>
<p>
Article 15<p>
<p>
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.<p>
<p>
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.<p>
<p>
Article 16<p>
<p>
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.<p>
<p>
Article 17<p>
<p>
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.<p>
<p>
Article 18<p>
<p>
1. Should the Conference adopt a new Convention revising this Convention in 
whole or in part, then, unless the new Convention otherwise provides:<p>
<p>
(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;<p>
<p>
(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.<p>
<p>
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.<p>
<p>
Article 19<p>
<p>
The English and French versions of the text of this Convention are equally 
authoritative.
      <p> <font size=-1> </font> </td>
</table>
</blockquote>
<HR>
<CENTER>
</CENTER>

</body>
</html>
Document Actions
Log in


Forgot your password?
 
 
International Training Centre
Programme for Workers' Activities (ACTRAV) - International Training Centre of the ILO
Viale Maestri del Lavoro, 10 - 10127 Turin, Italy