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

Night Work (Women) Convention (Revised), 1948 (No. 89) - Eswatini (Ratification: 1981)

Articles 2 and 3 of the Convention. Duration of compulsory night rest and exception possibilities. The Committee recalls its previous comments in which it noted that the provisions of the Employment Act of 1980 concerning the duration of the night period and the exemption possibilities to the general prohibition against women’s night work are not entirely consistent with the requirements of the Convention. The Committee accordingly invited the Government to consider the possibility of ratifying either the 1990 Protocol to Convention No. 89 or the Night Work Convention, 1990 (No. 171), which applies to all sectors of economic activity and to all workers irrespective of gender. In its last report, the Government indicates that the process of the amendment of the Employment Act is still ongoing.

Considering that the revision process is currently underway, the Committee wishes to recall that the present trend is clearly in favour of lifting all restrictions on women’s night work and formulating gender-sensitive night work regulations offering safety and health protection to both men and women. Noting that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and promoting gender equality, the Committee further recalls that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. The Committee accordingly encourages the Government to consider favourably the ratification of Convention No. 171 which sets out up-to-date standards applying to all night workers and to all occupations without distinction. The Committee requests the Government to review – in the ongoing revision process of the Employment Act – all restrictions concerning the employment of women during the night with due regard to the relevant provisions of Convention No. 171, and to keep the Office informed of any decision envisaged or taken with respect to the possible ratification of that instrument.