Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Night Work Convention, 1990 (No. 171) - Brazil (Ratification: 2002)

Article 3 of the Convention. Minimum protective measures for night workers. Further to its previous comments concerning Articles 6 (workers certified as unfit for night work), 9 (social services) and 10 (consultation of workers’ representatives) of the Convention, the Committee notes the Government’s indication that no new measures have been taken to ensure the effective application of these provisions. The Committee recalls that these provisions set out a number of measures that are necessary to ensure a minimum level of protection for night workers and are designed to assist them to meet their family and social responsibilities. These measures are the result of a long-standing consensus on the harmful effects of night work on the health of workers, as well as on their social and family life. They reflect the need to ensure a range of protective measures for all night workers, especially with regard to health and safety, social assistance and maternity protection, and emphasize the need to introduce systems of shift work based on consultations within the enterprise. The Committee also recalls that, under Article 3(2) of the Convention, the measures taken may be applied progressively, but remain compulsory and have to be applied. The Committee therefore requests the Government to take the necessary measures to give effect, in both law and practice, to the provisions of the Convention. It requests the Government to keep the Office informed of any progress made in this regard.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the application of the Convention in practice, including, for example, statistics on night workers – disaggregated, if possible, by sex, age and branch of activity – extracts from inspection reports indicating the number and nature of violations reported and the penalties imposed, copies of official documents or studies relating to the working conditions of night workers, copies of collective agreements including specific clauses on night work, etc.