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

Night Work Convention, 1990 (No. 171) - Luxembourg (Ratification: 2008)

Article 2 of the Convention. Scope – Nursing personnel. The Committee notes that, according to the Government, night work by nursing personnel is governed by the collective labour agreement for private employees in the assistance and care sector and the social sector, declared to be a general obligation by a Grand-Ducal Regulation of 17 December 2010, and particularly by sections 12–15 of the above agreement which define night work and provide for additional pay for employees performing night work. The Committee points out that this Convention requires, in addition, the adoption of provisions on health assessments for night workers (Article 4), the transfer of night workers certified as temporarily unfit for night work (Article 6) and social services (Article 9). Observing that the collective agreement appears to make no provision for such measures, the Committee requests the Government to provide additional information on any provisions giving effect to these Articles of the Convention. It also requests the Government to indicate how effect is given to the provisions of the Convention in respect of nursing personnel in the public sector, who are excluded from the scope of the collective agreement by virtue of section 2, and to provide copies of all relevant provisions of laws and regulations, together with a copy of the collective labour agreement of employees of hospital establishments in Luxembourg.

Article 9. Social services. In the absence of a reply from the Government on this point, the Committee points out that according to Article 9 of the Convention, appropriate social services are among the specific measures required by the nature of night work which must be taken for night workers in order to protect their health and assist them to meet their family and social responsibilities, and of which examples are given in Paragraphs 13–18 of the Night Work Recommendation, 1990 (No. 178). Recalling that Article 3 of the Convention allows these measures to be taken progressively, the Committee once more requests the Government to indicate the measures taken or envisaged to give effect to this Article of the Convention.