Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Night Work (Women) Convention (Revised), 1948 (No. 89) - Romania (Ratification: 1957)

The Committee takes note of the information supplied in the Government’s report. It notes, in particular, that following the adoption of the new Labour Code, Act No. 53/2003 of 24 January 2003, the general prohibition against the employment of women at night has been repealed and therefore effect is no longer given to the provisions of the Convention. In this connection, the Government’s attention is drawn to paragraphs 191 to 202 of the General Survey of 2001 on the night work of women in industry in which the Committee referring to the continued relevance of the ILO instruments on women’s night work concluded that there can be no doubt that the current trend is to move away from a blanket ban on the employment of women at night and to formulate gender-neutral night work regulations offering safety and health protection to both men and women. The Committee further indicated that the Night Work Convention, 1990 (No. 171), was drafted for those countries which would be prepared to eliminate all women-specific restrictions on night work (except for those aimed at protecting women’s reproductive and infant-nursing role) while seeking to improve the working and living conditions of all nightworkers. Considering, therefore, that for all practical purposes the Convention has ceased to apply in Romania, and also recalling the need for an appropriate legal framework addressing the problems and hazards of night work in general, the Committee invites the Government to give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171). It asks the Government to keep it informed of any decisions taken in this regard.