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C89 Night Work (Women) Convention (Revised), 1948 
</font></h3></b><font size=-2>
Convention concerning Night Work of Women Employed in Industry (Revised 1948) 
(Note: Date of coming into force: 27:02:1951.) 
<br>Convention:C089 
<br>Place:(San Francisco) 
<br>Session of the Conference:31 
<br>Date of adoption:09:07:1948 
<br>Subject classification: Night Work
<br>
      <br>
      Status: Other instrument 
 
</FONT><p> 
<p>
The General Conference of the International Labour Organisation,<p>
<p>
Having been convened at San Francisco by the Governing Body of the 
International Labour Office, and having met in its Thirty-first Session on 17 
June 1948, and<p>
<p>
Having decided upon the adoption of certain proposals with regard to the 
partial revision of the Night Work (Women) Convention, 1919, adopted by the 
Conference at its First Session, and the Night Work (Women) Convention 
(Revised), 1934, adopted by the Conference at its Eighteenth Session, which is 
the ninth item on the agenda of the session, and<p>
<p>
Considering that these proposals must take the form of an international 
Convention.<p>
<p>
adopts the ninth day of July of the year one thousand nine hundred and 
forty-eight, the following Convention, which may be cited as the Night Work 
(Women) Convention (Revised), 1948:<p>
<p>
<p> 
<p>
Part I. General Provisions<p>
<p>
Article 1<p>
1. For the purpose of this Convention, the term <i>  industrial undertakings </i> 
includes particularly:<p>
 (a) mines, quarries, and other works for the extraction of minerals from the 
earth;<p>
 (b) undertakings in which articles are manufactured, altered, cleaned, 
repaired, ornamented, finished, adapted for sale, broken up or demolished, or 
in which materials are transformed, including undertakings engaged in 
ship-building or in the generation, transformation or transmission of 
electricity or motive power of any kind;<p>
 (c) undertakings engaged in building and civil engineering work, including 
constructional, repair, maintenance, alteration and demolition work.<p>
<p>
2. The competent authority shall define the line of division which separates 
industry from agriculture, commerce and other non-industrial occupations.<p>
<p>
Article 2<p>
For the purpose of this Convention the term <i>  night  </i> signifies a period of 
at least eleven consecutive hours, including an interval prescribed by the 
competent authority of at least seven consecutive hours falling between ten 
o'clock in the evening and seven o'clock in the morning; the competent 
authority may prescribe different intervals for different areas, industries, 
undertakings or branches of industries or undertakings, but shall consult the 
employers' and workers' organisations concerned before prescribing an interval 
beginning after eleven o'clock in the evening.<p>
<p>
Article 3<p>
Women without distinction of age shall not be employed during the night in any 
public or private industrial undertaking, or in any branch thereof, other than 
an undertaking in which only members of the same family are employed.<p>
<p>
Article 4<p>
Article 3 shall not apply:<p>
 (a) in case of force majeure, when in any undertaking there occurs an 
interruption of work which it was impossible to foresee, and which is not of a 
recurring character;<p>
 (b) in cases where the work has to do with raw materials or materials in 
course of treatment which are subject to rapid deterioration when such night 
work is necessary to preserve the said materials from certain loss.<p>
<p>
Article 5<p>
1. The prohibition of night work for women may be suspended by the government, 
after consultation with the employers' and workers' organisations concerned, 
when in case of serious emergency the national interest demands it.<p>
<p>
2. Such suspension shall be notified by the government concerned to the 
Director-General of the International Labour Office in its annual report on 
the application of the Convention.<p>
<p>
Article 6<p>
In industrial undertakings which are influenced by the seasons and in all 
cases where exceptional circumstances demand it, the night period may be 
reduced to ten hours on sixty days of the year.<p>
<p>
Article 7<p>
In countries where the climate renders work by day particularly trying, the 
night period may be shorter than that prescribed in the above Articles if 
compensatory rest is accorded during the day.<p>
<p>
Article 8<p>
This Convention does not apply to:<p>
 (a) women holding responsible positions of a managerial or technical 
character; and<p>
 (b) women employed in health and welfare services who are not ordinarily 
engaged in manual work.<p>
<p>
Part II. Special Provisions for Certain Countries<p>
<p>
Article 9<p>
In those countries where no government regulation as yet applies to the 
employment of women in industrial undertakings during the night, the term <i> 
night  </i> may provisionally, and for a maximum period of three years, be 
declared by the government to signify a period of only ten hours, including an 
interval prescribed by the competent authority of at least seven consecutive 
hours falling between ten o'clock in the evening and seven o'clock in the 
morning.<p>
<p>
Articles 10<p>
   1. The provisions of this Convention shall apply to India subject to the 
modifications set forth in this Article.<p>
<p>
   2. The said provisions shall apply to all territories in respect of which 
the Indian legislature has jurisdiction to apply them.<p>
<p>
   3. The term <i> industrial undertaking </i> shall include:<p>
<p>
a) factories as defined in the Indian Factories Act; and<p>
<p>
b) mines to which the Indian Mines Act applies.<p>
<p>
Article 11<p>
   1. The provisions of this Convention shall apply to Pakistan subject to the 
modifications set forth in this Article.<p>
<p>
   2. The said provisions shall apply to all territories in respect of which 
the Pakistan legislature has jurisdiction to apply them.<p>
<p>
   3. The term <i> industrial undertaking </i> shall include:<p>
<p>
a) factories as defined in the Factories Act;<p>
<p>
b) mines to which the Mines Act applies.<p>
<p>
Article 12<p>
   1. The International Labour Conference may, at any session at which the 
matter is included in its agenda, adopt by a two-thirds majority draft 
amendments to any one or more of the preceding articles of Part II of this 
Convention.<p>
<p>
   2. Any such draft amendment shall state the Member or Members to which it 
applies, and shall, within the period of one year, or, in exceptional 
circumstances, of eighteen months from the closing of the session of the 
Conference, be submitted by the Member or Members to which it applies to the 
authority or authorities within whose competence the matter lies, for the 
enactment of legislation or other action.<p>
<p>
   3. Each such Member will, if it obtains the consent of the authority or 
authorities within whose competence the matter lies, communicate the formal 
ratification of the amendment to the Director-General of the International 
Labour Office for registration.<p>
<p>
   4. Any such draft amendment shall take effect as an amendment to this 
Convention on ratification by the Member or Members to which it applies.<p>
<p>
 <p>
PART III. FINAL PROVISIONS<p>
<p>
Article 13<p>
   The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 14<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 ratifications has been registered.<p>
<p>
Article 15<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 should 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 16<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 17<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 18<p>
   At the expiration of each period of ten years after the coming into force 
of this Convention, 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 19<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 15 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>
   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 20<p>
   The English and French versions of the text of this Convention are equally 
authoritative.<p>
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