Night Work (Women) Convention (Revised), 1948 (No. 89) - Paraguay (Ratification: 1966)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment C. 89

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 89 (night work (women)) and 175 (part-time work) together.

Part-time work

The Committee takes note of the Government’s first report.

Article 8 of Convention No. 175. Revision of thresholds in consultation with the social partners. The Committee notes the indication of the Government in its report regarding the revision of the thresholds applicable to earnings and hours of work referred to in Article 8, which will take place five years after the entry into force of Law No. 6339/19 regulating part-time work. The Committee requests the Government to provide information on the revision of the thresholds referred to in Article 8, in consultation with the social partners.

Article 9. Measures adopted to facilitate access to productive and freely chosen part-time work. The Committee notes that the Government refers to the adoption of the National Employment Plan 2022-2026 but does not provide information on measures taken to facilitate access to part-time work. The Committee requests the Government to provide information on measures taken or envisaged, in law or in practice, to facilitate access to productive and freely chosen part-time work, which meets the needs of both employers and workers, in accordance with Article 9 of the Convention.

Article 10. Voluntary transfer from full-time to part-time work or vice versa. The Committee notes the reference made by the Government to article 3 of Resolution No. 3917/19 of the Ministry of Labor, Employment and Social Security, which stipulates that employers and workers who, prior to the entry into force of Law No. 6339, had a full-time employment contract and wished to benefit from a transfer to part-time work, may implement such a transfer only after terminating the employment relationship for the reasons and under the conditions set out in the Labour Code. The Committee requests the Government to provide information on the measures taken or envisaged, in law or in practice, to facilitate the voluntary transfer from full-time to part-time work, or vice versa.

Night work (women)

Article 3 of Convention No. 89. Prohibition of night work for women. While noting the Government’s indication that the tripartite consultations for the denunciation of the Convention have not yet taken place, the Committee recalls that the Convention will be open for denunciation between 27 February 2031 and 27 February 2032, and it draws the Government’s attention to the Night Work Convention, 1990 (No. 171) which is not devised as a gender-specific instrument but focuses on the protection of all those working at night (2018 General Survey on Working Time, paragraph 408).

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

Article 3 of the Convention. Prohibition of night work of women. The Committee notes the Government’s indication that it has not been able to proceed to the denunciation of the Convention during the last denunciation period that ended on 27 February 2012 as no consultations with employers’ and workers’ organizations were held on this matter, and efforts were concentrated in the ratification of the Domestic Workers Convention, 2011 (No. 189). The Committee also notes that under section 130 of the Labour Code, night work in industrial undertakings is prohibited only for pregnant and breastfeeding women workers when there is a risk for the mother or their child, and that therefore the Convention has ceased to apply. The Committee accordingly hopes that the Government will envisage, in a timely manner, the denunciation of the Convention on the next suitable occasion and that it will favourably consider the ratification of the Night Work Convention, 1990 (No. 171), which shifts the emphasis to the safety and health protection of all night workers irrespective of gender.

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

Article 3 of the Convention. Prohibition of night work of women. The Committee notes the Government’s report which affirms, on one hand, that Article 3 of the Convention is self-executing and has been incorporated into the national legal system by virtue of article 141 of the Constitution, and on the other, that the only limitation to women’s employment currently in force is that set out in section 130 of the Labour Code which seeks to protect pregnant women and breastfeeding mothers. In view of the apparent inconsistency between gender-specific restrictions such as that provided for in this Article of the Convention and the commitment to promote the principle of non-discrimination and equality of opportunity and treatment between men and women, the Committee in previous comments has invited the Government to give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which shifts the emphasis from a specific category of workers and sector of economic activity to the safety and health protection of all night workers. In this connection, the Committee recalls the Government’s earlier indication that it might consider the denunciation of the Convention in the near future as long as the consultations with employers’ and workers’ organizations would give support to the view that this Convention contains discriminatory provisions. The Committee therefore requests the Government to specify whether such consultations have already taken place, and if so, to elaborate on their outcome and any follow up action.

In addition, the Committee notes the priorities of the recently adopted Decent Work Country Programme, in particular the affirmation that despite the increasing participation of women in the labour market, strong gender inequalities persist (page 2) and also the commitment to improve compliance with international labour standards (page 6). In light of these considerations, the Committee once again requests the Government to take appropriate steps in order to align national law with practice as far as women’s access to night employment is concerned. The Committee recalls that the Convention will next be open to denunciation from 27 February 2011 to 27 February 2012, and would thank the Government for keeping the Office informed of any further developments concerning the possible denunciation of Convention No. 89 and the eventual ratification of Convention No. 171.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the general labour legislation no longer provides for a general ban on women’s night work with the exception of pregnant women and breastfeeding mothers as well as minors between 15 and 18 years of age. The Committee also notes the Government’s indication that it might consider the denunciation of the Convention in the near future as long as the consultations with employers’ and workers’ organizations would give support to the view that this Convention contains discriminatory provisions. It is therefore clear to the Committee that the Convention is currently given no effect in either law or practice.

The Committee takes this opportunity to draw the Government’s attention to paragraphs 191–202 of the General Survey of 2001 on the night work of women in industry in which the Committee, referring to the present-day relevance of the ILO instruments on women’s night work, concluded that there can be no doubt that the current trend was 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. It also noted that many countries were 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 strengthening non-discrimination. The Committee further recalled that member States were 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. This obligation stems from Article 11(3) of the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which parenthetically Paraguay acceded in 1987), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

More concretely, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers, whereas the Night Work Convention, 1990 (No. 171), was drafted for those countries which would be prepared to abolish all women-specific restrictions on night work (except for those aimed at protecting women’s reproductive and infant nursing role) and offer appropriate protection to all night workers irrespective of gender and occupation.

In the light of the foregoing observations, the Committee once again invites the Government to give favourable consideration to the ratification of either Convention No. 171, which shifts the emphasis from a specific category of workers and sector of economic activity to the safety and health protection of all night workers, or the 1990 Protocol which affords considerable flexibility in the application of Convention No. 89 while remaining focused on the protection of female workers. The Committee asks the Government to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report which confirms that the general labour legislation no longer provides for a general ban on women’s night work with the exception of pregnant women and breastfeeding mothers as well as minors between 15 and 18 years of age. The Committee also notes the Government’s indication that it might consider the denunciation of the Convention in the near future as long as the consultations with employers’ and workers’ organizations would give support to the view that this Convention contains discriminatory provisions. It is therefore clear to the Committee that the Convention is currently given no effect in either law or practice.

The Committee takes this opportunity to draw the Government’s attention to paragraphs 191-202 of the 2001 General Survey on the night work of women in industry in which the Committee, referring to the present-day relevance of the ILO instruments on women’s night work, concluded that there can be no doubt that the current trend was 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. It also noted that many countries were 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 strengthening non-discrimination. The Committee further recalled that member States were 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. This obligation stems from Article 11(3) of the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which parenthetically Paraguay acceded in 1987), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

More concretely, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers, whereas the Night Work Convention, 1990 (No. 171), was drafted for those countries which would be prepared to abolish all women-specific restrictions on night work (except for those aimed at protecting women’s reproductive and infant nursing role) and offer appropriate protection to all night workers irrespective of gender and occupation.

In the light of the foregoing observations, the Committee once again invites the Government to give favourable consideration to the ratification of either Convention No. 171, which shifts the emphasis from a specific category of workers and sector of economic activity to the safety and health protection of all night workers, or the 1990 Protocol which affords considerable flexibility in the application of Convention No. 89 while remaining focused on the protection of female workers. The Committee asks the Government to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 2 and 3 of the Convention. The Committee notes that, by virtue of sections 130 and 122 of Act No. 213 of 29 June 1993, establishing the Labour Code as amended by Act No. 496 of 22 August 1995, night work in industrial undertakings is only prohibited for pregnant and breastfeeding mothers as well as for minors between 15 and 18 years of age, while Article 3 of the Convention provides for a general ban on night work applicable to all women without distinction of age. In addition, the Committee notes that, under section 195 of the Labour Code, night work is defined as any work carried out between 8 p.m. and 6 a.m., that is a period of ten hours, whereas under Article 2 of the Convention the term "night" signifies a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 o’clock in the evening and 7 o’clock in the morning.

Articles 4 and 5 of the Convention. The Committee also notes that sections 208 and 209 of the Labour Code depart from the letter of the Convention in so far as they provide for the possibility of authorizing night work in cases other than those of force majeure, perishable materials and serious emergency. The Committee can only conclude, therefore, that the Convention has ceased to apply.

Furthermore, the Committee notes the Government’s statement that Article 3 of the Convention is self-executing and that therefore there is no need to include in national legislation a specific provision prohibiting night work for women. The Committee is obliged to recall, in this respect, that international labour Conventions are not self-executing, and that specific measures, legislative or others as the case may be, are required in order to give effect in law and ensure implementation in practice of those Conventions at the national level. Thus, until an express provision banning women’s night work is incorporated in internal law, Article 3 of the Convention may not be deemed to have been given effect.

The Committee recalls that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. Therefore, the Committee asks the Government to indicate the measures it intends to take to bring national legislation into conformity with the Convention.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171) or the Protocol of 1990 to Convention No. 89.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regrets that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 2 and 3 of the Convention. The Committee notes that, by virtue of articles 130 and 122 of Act No. 213 of 29 June 1993, establishing the Labour Code as amended by Act No. 496 of 22 August 1995, night work in industrial undertakings is only prohibited for pregnant and breastfeeding mothers as well as for minors between 15 and 18 years of age, while Article 3 of the Convention provides for a general ban on night work applicable to all women without distinction of age. In addition, the Committee notes that, under article 195 of the Labour Code, night work is defined as any work carried out between 8 p.m. and 6 a.m., that is a period of ten hours, whereas under Article 2 of the Convention the term "night" signifies a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 o’clock in the evening and 7 o’clock in the morning.

Articles 4 and 5 of the Convention. The Committee also notes that articles 208 and 209 of the Labour Code depart from the letter of the Convention in so far as they provide for the possibility of authorizing night work in cases other than those of force majeure, perishable materials and serious emergency. The Committee can only conclude, therefore, that the Convention has ceased to apply.

Furthermore, the Committee notes the Government’s statement that Article 3 of the Convention is self-executing and that therefore there is no need to include in national legislation a specific provision prohibiting night work for women. The Committee is obliged to recall, in this respect, that international labour Conventions are not self-executing, and that specific measures, legislative or others as the case may be, are required in order to give effect in law and ensure implementation in practice of those Conventions at the national level. Thus, until an express provision banning women’s night work is incorporated in internal law, Article 3 of the Convention may not be deemed to have been given effect.

The Committee recalls that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. Therefore, the Committee asks the Government to indicate the measures it intends to take to bring national legislation into conformity with the Convention.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171) or the Protocol of 1990 to Convention No. 89.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 2 and 3 of the Convention.  The Committee notes that, by virtue of articles 130 and 122 of Act No. 213 of 29 June 1993, establishing the Labour Code as amended by Act No. 496 of 22 August 1995, night work in industrial undertakings is only prohibited for pregnant and breastfeeding mothers as well as for minors between 15 and 18 years of age, while Article 3 of the Convention provides for a general ban on night work applicable to all women without distinction of age. In addition, the Committee notes that, under article 195of the Labour Code, night work is defined as any work carried out between 8 p.m. and 6 a.m., that is a period of ten hours, whereas under Article 2 of the Convention the term "night" signifies a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 o’clock in the evening and 7 o’clock in the morning.

Articles 4 and 5 of the Convention.  The Committee also notes that articles 208 and 209of the Labour Code depart from the letter of the Convention in so far as they provide for the possibility of authorizing night work in cases other than those of force majeure, perishable materials and serious emergency. The Committee can only conclude, therefore, that the Convention has ceased to apply.

Furthermore, the Committee notes the Government’s statement that Article 3 of the Convention is self-executing and that therefore there is no need to include in national legislation a specific provision prohibiting night work for women. The Committee is obliged to recall, in this respect, that international labour Conventions are not self-executing, and that specific measures, legislative or others as the case may be, are required in order to give effect in law and ensure implementation in practice of those Conventions at the national level. Thus, until an express provision banning women’s night work is incorporated in internal law, Article 3 of the Convention may not be deemed to have been given effect.

The Committee recalls that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. Therefore, the Committee asks the Government to indicate the measures it intends to take to bring national legislation into conformity with the Convention.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171) or the Protocol of 1990 to Convention No. 89.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided in the Government’s reports.

Articles 2 and 3 of the Convention.  The Committee notes that, by virtue of articles 130 and 122 of Act No. 213 of 29 June 1993, establishing the Labour Code as amended by Act No. 496 of 22 August 1995, night work in industrial undertakings is only prohibited for pregnant and breastfeeding mothers as well as for minors between 15 and 18 years of age, while Article 3 of the Convention provides for a general ban on night work applicable to all women without distinction of age. In addition, the Committee notes that, under article 195of the Labour Code, night work is defined as any work carried out between 8 p.m. and 6 a.m., that is a period of ten hours, whereas under Article 2 of the Convention the term "night" signifies a period of at least 11 consecutive hours including an interval of at least seven consecutive hours falling between 10 o’clock in the evening and 7 o’clock in the morning.

Articles 4 and 5 of the Convention.  The Committee also notes that articles 208 and 209of the Labour Code depart from the letter of the Convention in so far as they provide for the possibility of authorizing night work in cases other than those of force majeure, perishable materials and serious emergency. The Committee can only conclude, therefore, that the Convention has ceased to apply.

Furthermore, the Committee notes the Government’s statement that Article 3 of the Convention is self-executing and that therefore there is no need to include in national legislation a specific provision prohibiting night work for women. The Committee is obliged to recall, in this respect, that international labour Conventions are not self-executing, and that specific measures, legislative or others as the case may be, are required in order to give effect in law and ensure implementation in practice of those Conventions at the national level. Thus, until an express provision banning women’s night work is incorporated in internal law, Article 3 of the Convention may not be deemed to have been given effect.

The Committee recalls that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. Therefore, the Committee asks the Government to indicate the measures it intends to take to bring national legislation into conformity with the Convention.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171) or the Protocol of 1990 to Convention No. 89.