Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Night Work (Women) Convention (Revised), 1948 (No. 89) - Democratic Republic of the Congo (Ratification: 1960)

Articles 2 and 3 of the Convention. General prohibition against women’s night work in industrial undertakings. The Committee notes that the Labour Code (Act No. 015/2002 of 16 October 2002) continues to give effect to the basic requirement of the Convention with the exception of section 125 which defines the term “night” as the period of ten hours between 7 p.m. and 5 a.m. whereas Article 2 of the Convention requires a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m.

In this connection, the Committee wishes to draw the Government’s attention to the fact that member States are increasingly required to initiate a review process of their protective legislation aiming at the gradual elimination of any provisions contrary to the principle of equal treatment between men and women, except those connected with maternity protection, and with due account being taken of national circumstances. This trend reflects also the growing expectation that the same standards of protection should apply to men and women alike in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and also the widely ratified UN Convention on the Elimination of All Forms of Discrimination Against Women.

Under the circumstances, the Committee invites the Government to review gender-specific prohibitions or restrictions to night work and to modernize its legislation, in consultation with the social partners, and in particular with women workers, and accordingly encourages the Government to consider the ratification of the Night Work Convention, 1990 (No. 171), which seeks to improve the quality of working life of all night workers, both men and women, in all branches and occupations. The Committee requests the Government to keep the Office informed of any decision taken or envisaged with regard to the possible ratification of Convention No. 171.