Personal tools

P89_Protocol_to_C89_1990.htm

P89_Protocol_to_C89_1990.htm — HTML, 7Kb

File contents

<html>
<!-- display.cgi : this file maintained by Ann Oakley, last modified on: 1 July 1999 -->
<head>
<title>P.89 Protocol to C.89 (1990)</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>
P89 Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 
</font></h3></b><font size=-2>
Protocol of 1990 to the Convention concerning Night Work of Women Employed in
Industry (Revised 1948) 
(Note: Date of coming into force: FORCE=26:06:1990.) 
<br>Convention:P089 
<br>Place:(Geneva) 
<br>Session of the Conference:77 
<br>Date of adoption:26:06:1990 
<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 Geneva by the Governing Body of the International 
Labour Office, and having met in its 77th Session on 6 June 1990, 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 a Protocol to 
the Night Work (Women) Convention (Revised), 1948 (hereinafter referred to as 
"the Convention"),<p>
<p>
adopts this twenty-sixth day of June 1990 the following Protocol, which may be 
cited as the Protocol of 1990 to the Night Work (Women) Convention (Revised), 
1948<p>
<p>
<p> 
<p>
Article 1<p>
<p>
1. (1) National laws or regulations, adopted after consulting the most 
representative organisations of employers and workers, may provide that 
variations in the duration of the night period as defined in Article 2 of the 
Convention and exemptions from the prohibition of night work contained in 
Article 3 thereof may be introduced by decision of the competent authority:<p>
<p>
(a) in a specific branch of activity or occupation, provided that the 
organisations representative of the employers and the workers concerned have 
concluded an agreement or have given their agreement;<p>
<p>
(b) in one or more specific establishments not covered by a decision taken 
pursuant to clause (a) above, provided that:<p>
<p>
(i) an agreement has been concluded in the establishment or enterprise 
concerned between the employer and the workers' representatives concerned; and 
<p>
(ii) the organisations representative of the employers and workers of the 
branch of activity or occupation concerned or the most representative 
organisations of employers and workers have been consulted;<p>
<p>
(c) in a specific establishment not covered by a decision taken pursuant to 
clause (a) above, and where no agreement has been reached in accordance with 
clause (b) (i) above, provided that:<p>
(i) the workers' representatives in the establishment or enterprise as well as 
the organisations representative of the employers and the workers of the 
branch of activity or occupation concerned or the most representative 
organisations of employers and workers have been consulted;<p>
(ii) the competent authority has satisfied itself that adequate safeguards 
exist in the establishment as regards occupational safety and health, social 
services and equality of opportunity and treatment for women workers; and<p>
<p>
(iii) the decision of the competent authority shall apply for a specified 
period of time, which may be renewed by means of the procedure under 
subclauses (i) and (ii) above,<p>
(2) For the purposes of this paragraph the term "workers' representatives" 
means persons who are recognised as such by national law or practice, in 
accordance with the Workers' Representatives Convention, 1971.<p>
<p>
2. The laws or regulations referred to in paragraph 1 shall determine the 
circumstances in which such variations and exemptions may be permitted and the 
conditions to which they shall be subject.<p>
<p>
Article 2<p>
<p>
1. It shall be prohibited to apply the variations and exemptions permitted 
pursuant to Article 1 above to women workers during a period before and after 
childbirth of at least 16 weeks, of which at least eight weeks shall be before 
the expected date of childbirth. National laws or regulations may allow for 
the lifting of this prohibition at the express request of the woman worker 
concerned on condition that neither her health nor that of her child will 
endangered.<p>
<p>
2. The prohibition provided for in paragraph 1 of this Article shall also 
apply to additional periods in respect of which a medical certificate is 
produced stating that this is necessary for the health of the mother or child: 
<p>
(a) during pregnancy;<p>
<p>
(b) during a specified time prolonging the period after childbirth fixed 
pursuant to paragraph 1 above.<p>
<p>
3. During the periods referred to in paragraphs 1 and 2 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;<p>
<p>
(b) the income of a woman worker concerned 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 through 
assignment to day work, extended maternity leave, social security benefits or 
any other appropriate measure, or through a combination of these measures.<p>
<p>
4. The provisions of paragraphs 1, 2 and 3 of this Article shall not have the 
effect of reducing the protection and benefits connected with maternity leave. 
<p>
Article 3<p>
<p>
Information on the variations and exemptions introduced pursuant to this 
Protocol shall be included in the reports on the application of the Convention 
submitted under article 22 of the Constitution of the International Labour 
Organisation.<p>
<p>
Article 4<p>
1. A Member may ratify this Protocol at the same time as or at any time after 
its ratification of the Convention, by communicating its formal ratification 
of the Protocol to the Director-General of the International Labour Office for 
registration. Such ratification shall take effect 12 months after the date on 
which it has been registered by the Director-General. Thereafter the 
Convention shall be binding on the Member concerned with the addition of 
Articles 1 to 3 of this Protocol.<p>
<p>
2. The Director-General of the International Labour Office shall notify all 
Members of the International Labour Office of the registration of all 
ratifications of this Protocol communicated to him by parties to the 
Convention.<p>
<p>
3. 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 registered by him in accordance with the provisions of paragraph 
1 of this Article.<p>
<p>
Article 5<p>
<p>
The English and French versions of the text of this Protocol are equally 
authoritative.<p>
      <p>&nbsp; </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