Night Work (Women) Convention (Revised), 1948 (No. 89) - Burundi (Ratification: 1963)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions No. 1 (hours of work), No. 14 (weekly rest), Nos 52 and 101 (annual holiday with pay) and No. 89 (women’s night work) together.

Legislative developments. The Committee notes that in 2019, the Office provided technical comments on the revised draft Labour Code sent by the Government. It requests the Government to provide information on developments relating to the reform of the Labour Code, to which the Government refers in its reports. In the hope that this reform will ensure full compliance with the provisions of the ratified Conventions, the Committee requests the Government to take its comments, set out below, into account when finalizing the current legislative reform.

Weekly rest

Article 2 of Convention No. 14. Period of weekly rest. Further to its previous comments on the need to amend section 114 of the Labour Code, which contains a material error as currently worded, the Committee notes the Government’s indication that the committee appointed in 2016 to propose amendments has proposed an amendment to section 114.

Annual holiday with pay

Articles 2(3)(a) and 7 of Convention No. 52 and Articles 5(c) and 7 of Convention No. 101. Days not counted as annual holiday. Qualifying period. Record keeping. Further to its previous comments on these matters, the Committee notes the Government’s indication that section 130 of the Labour Code establishes the minimum period of paid annual holiday; in this respect, the Committee notes that every day of the week is considered a working day, with the exception of the weekly rest day and public holidays (section 15(g) of the Labour Code). The Government also indicates that section 130, under which the minimum period of service giving entitlement to paid annual holiday is one year, will be amended as part of the current revision of the Labour Code so that annual holiday is granted on a pro rata basis in relation to length of service. The Government adds that, in practice, workers have holiday in proportion to their length of service even before completing one year of service. Lastly, the Government indicates that the records specified in section 168 of the Labour Code contain a field with the date and the number of days of holiday for each worker.

Women’s night work

Article 3 of Convention No. 89. Prohibition of night work by women. Further to its previous comments, the Committee recalls that the national legislation does not prohibit night work by women and that the Government indicated in previous reports that it had initiated the procedure for the denunciation of the Convention. Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to finalize its denunciation. It also 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.

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

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:

Repetition

Article 3 of the Convention. Prohibition of night work of women. In its 2006 report, the Government had indicated that it was in the process of denouncing Convention No. 89 to be replaced by the Night Work Convention, 1990 (No. 171), once ratified.

In addition, the Committee notes that the Government remains bound by the provisions of the Night Work (Women) Convention, 1919 (No. 4), and therefore action needs also to be taken in this regard. In its General Survey of 2001 on night work of women in industry, the Committee concluded that Convention No. 4 was a rigid instrument, ill-suited to present-day realities and manifestly of historical importance only (paragraph 193). Similarly, the ILO Governing Body, based on the recommendations of the Working Party on Policy regarding the Revision of Standards, decided to retain Convention No. 4 as a candidate for possible abrogation considering that it no longer corresponded to current needs and had become obsolete (see GB.283/LILS/WP/PRS/1/2, paragraphs 31–32 and 38). The Committee takes this opportunity to recall that, contrary to most other Conventions which may be denounced after an initial period of five or ten years but only during an interval of one year, the denunciation of Convention No. 4 is possible at any time provided that the representative organizations of employers and workers are fully consulted in advance. In fact, Article 13 of Convention No. 4 does not prescribe, as does Article 15(2) of Convention No. 89, for instance, that the right of denunciation may only be exercised within the 12-month period following the expiration of each period of ten years. In light of the preceding observations, therefore, the Committee requests the Government to take appropriate action in respect of obsolete Convention No. 4. It also asks the Government to keep the Office informed of any further developments concerning the possible ratification of 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 night workers irrespective of gender in nearly all branches and occupations.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

Article 3 of the Convention. Prohibition of night work of women. In its previous report, the Government had indicated that it was in the process of denouncing Convention No. 89 to be replaced by the Night Work Convention, 1990 (No. 171), once ratified. In this respect, the Committee recalls that Convention No. 89 may be denounced every ten years and has been open to denunciation for a period of one year since 27 February 2011.

In addition, the Committee notes that the Government remains bound by the provisions of the Night Work (Women) Convention, 1919 (No. 4), and therefore action needs also to be taken in this regard. In its General Survey of 2001 on night work of women in industry, the Committee concluded that Convention No. 4 was a rigid instrument, ill-suited to present-day realities and manifestly of historical importance only (paragraph 193). Similarly, the ILO Governing Body, based on the recommendations of the Working Party on Policy regarding the Revision of Standards, decided to retain Convention No. 4 as a candidate for possible abrogation considering that it no longer corresponded to current needs and had become obsolete (see GB.283/LILS/WP/PRS/1/2, paragraphs 31–32 and 38). The Committee takes this opportunity to recall that, contrary to most other Conventions which may be denounced after an initial period of five or ten years but only during an interval of one year, the denunciation of Convention No. 4 is possible at any time provided that the representative organizations of employers and workers are fully consulted in advance. In fact, Article 13 of Convention No. 4 does not prescribe, as does Article 15(2) of Convention No. 89, for instance, that the right of denunciation may only be exercised within the 12-month period following the expiration of each period of ten years.

In light of the preceding observations, therefore, the Committee requests the Government to take appropriate action in respect of obsolete Convention No. 4. It also asks the Government to keep the Office informed of any further developments concerning the possible ratification of 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 night workers irrespective of gender in nearly all branches and occupations.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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:

Repetition

Article 3 of the Convention. Prohibition of night work of women. In its previous report, the Government had indicated that it was in the process of denouncing Convention No. 89 to be replaced by the Night Work Convention, 1990 (No. 171), once ratified. In this respect, the Committee recalls that Convention No. 89 may be denounced every ten years and has been open to denunciation for a period of one year since 27 February 2011.

In addition, the Committee notes that the Government remains bound by the provisions of the Night Work (Women) Convention, 1919 (No. 4), and therefore action needs also to be taken in this regard. In its General Survey of 2001 on night work of women in industry, the Committee concluded that Convention No. 4 was a rigid instrument, ill-suited to present-day realities and manifestly of historical importance only (paragraph 193). Similarly, the ILO Governing Body, based on the recommendations of the Working Party on Policy regarding the Revision of Standards, decided to retain Convention No. 4 as a candidate for possible abrogation considering that it no longer corresponded to current needs and had become obsolete (see GB.283/LILS/WP/PRS/1/2, paragraphs 31–32 and 38). The Committee takes this opportunity to recall that, contrary to most other Conventions which may be denounced after an initial period of five or ten years but only during an interval of one year, the denunciation of Convention No. 4 is possible at any time provided that the representative organizations of employers and workers are fully consulted in advance. In fact, Article 13 of Convention No. 4 does not prescribe, as does Article 15(2) of Convention No. 89, for instance, that the right of denunciation may only be exercised within the 12-month period following the expiration of each period of ten years.

In light of the preceding observations, therefore, the Committee requests the Government to take appropriate action in respect of obsolete Convention No. 4. It also asks the Government to keep the Office informed of any further developments concerning the possible ratification of 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 night workers irrespective of gender in nearly all branches and occupations.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Article 3 of the Convention. Prohibition of night work of women. In its previous report, the Government had indicated that it was in the process of denouncing Convention No. 89 to be replaced by the Night Work Convention, 1990 (No. 171), once ratified. In this respect, the Committee recalls that Convention No. 89 may be denounced every ten years and will again be open to denunciation for a period of one year as from 27 February 2011.

In addition, the Committee notes that the Government remains bound by the provisions of the Night Work (Women) Convention, 1919 (No. 4), and therefore action needs also to be taken in this regard. In its General Survey of 2001 on night work of women in industry, the Committee concluded that Convention No. 4 was a rigid instrument, ill-suited to present-day realities and manifestly of historical importance only (paragraph 193). Similarly, the ILO Governing Body, based on the recommendations of the Working Party on Policy regarding the Revision of Standards, decided to retain Convention No. 4 as a candidate for possible abrogation considering that it no longer corresponded to current needs and had become obsolete (see GB.283/LILS/WP/PRS/1/2, paragraphs 31–32 and 38). The Committee takes this opportunity to recall that, contrary to most other Conventions which may be denounced after an initial period of five or ten years but only during an interval of one year, the denunciation of Convention No. 4 is possible at any time provided that the representative organizations of employers and workers are fully consulted in advance. In fact, Article 13 of Convention No. 4 does not prescribe, as does Article 15(2) of Convention No. 89, for instance, that the right of denunciation may only be exercised within the 12-month period following the expiration of each period of ten years.

In light of the preceding observations, therefore, the Committee requests the Government to take appropriate action in respect of obsolete Convention No. 4. It also asks the Government to keep the Office informed of any further developments concerning the possible ratification of 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 night workers irrespective of gender in nearly all branches and occupations.

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

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:

Article 3 of the Convention. Prohibition of night work of women. The Committee notes the Government’s statement that it is in the process of denouncing Convention No. 89 to be replaced by the Night Work Convention, 1990 (No. 171), once ratified. In this respect, the Committee recalls that Convention No. 89 may be denounced every ten years and will again be open to denunciation for a period of one year as from 27 February 2011.

In addition, the Committee notes that the Government remains bound by the provisions of the Night Work (Women) Convention, 1919 (No. 4), and therefore action needs also to be taken in this regard. In its General Survey of 2001 on night work of women in industry, the Committee concluded that Convention No. 4 was a rigid instrument, ill-suited to present-day realities and manifestly of historical importance only (paragraph 193). Similarly, the ILO Governing Body, based on the recommendations of the Working Party on Policy regarding the Revision of Standards, decided to retain Convention No. 4 as a candidate for possible abrogation considering that it no longer corresponded to current needs and had become obsolete (see GB.283/LILS/WP/PRS/1/2, paragraphs 31–32 and 38). The Committee takes this opportunity to recall that, contrary to most other Conventions which may be denounced after an initial period of five or ten years but only during an interval of one year, the denunciation of Convention No. 4 is possible at any time provided that the representative organizations of employers and workers are fully consulted in advance. In fact, Article 13 of Convention No. 4 does not prescribe, as does Article 15(2) of Convention No. 89, for instance, that the right of denunciation may only be exercised within the 12-month period following the expiration of each period of ten years.

In light of the preceding observations, therefore, the Committee requests the Government to take appropriate action in respect of obsolete Convention No. 4. It also asks the Government to keep the Office informed of any further developments concerning the possible ratification of 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 night workers irrespective of gender in nearly all branches and occupations.

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 the Government’s statement that it is in the process of denouncing Convention No. 89 to be replaced by the Night Work Convention, 1990 (No. 171), once ratified. In this respect, the Committee recalls that Convention No. 89 may be denounced every ten years and will again be open to denunciation for a period of one year as from 27 February 2011.

In addition, the Committee notes that the Government remains bound by the provisions of the Night Work (Women) Convention, 1919 (No. 4) and therefore action needs also to be taken in this regard. In its 2001 General Survey on night work of women in industry, the Committee concluded that Convention No. 4 was a rigid instrument, ill-suited to present-day realities and manifestly of historical importance only (paragraph 193). Similarly, the ILO Governing Body, based on the recommendations of the Working Party on Policy regarding the Revision of Standards, decided to retain Convention No. 4 as a candidate for possible abrogation considering that it no longer corresponded to current needs and had become obsolete (see GB.283/LILS/WP/PRS/1/2, paragraphs 31–32, 38). The Committee takes this opportunity to recall that, contrary to most other Conventions which may be denounced after an initial period of five or ten years but only during an interval of one year, the denunciation of Convention No. 4 is possible at any time provided that the representative organizations of employers and workers are fully consulted in advance. In fact, Article 13 of Convention No. 4 does not prescribe, as does Article 15, paragraph 2, of Convention No. 89, for instance, that the right of denunciation may only be exercised within the 12-month period following the expiration of each period of ten years.

In light of the preceding observations, therefore, the Committee requests the Government to take appropriate action in respect of obsolete Convention No. 4. It also asks the Government to keep the Office informed of any further developments concerning the possible ratification of 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 night workers irrespective of gender in nearly all branches and occupations.

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

Further to its previous comments, the Committee notes the Government’s statement that it is in the process of denouncing Convention No. 89 to be replaced by the Night Work Convention, 1990 (No. 171), once ratified. In this respect, the Committee recalls that Convention No. 89 may be denounced every ten years and will again be open to denunciation for a period of one year as from 27 February 2011.

In addition, the Committee notes that the Government remains bound by the provisions of the Night Work (Women) Convention, 1919 (No. 4) and therefore action needs also to be taken in this regard. In its 2001 General Survey on night work of women in industry, the Committee concluded that Convention No. 4 was a rigid instrument, ill-suited to present-day realities and manifestly of historical importance only (paragraph 193). Similarly, the ILO Governing Body, based on the recommendations of the Working Party on Policy regarding the Revision of Standards, decided to retain Convention No. 4 as a candidate for possible abrogation considering that it no longer corresponded to current needs and had become obsolete (see GB.283/LILS/WP/PRS/1/2, paragraphs 31-32, 38). The Committee takes this opportunity to recall that, contrary to most other Conventions which may be denounced after an initial period of five or ten years but only during an interval of one year, the denunciation of Convention No. 4 is possible at any time provided that the representative organizations of employers and workers are fully consulted in advance. In fact, Article 13 of Convention No. 4 does not prescribe, as does Article 15, paragraph 2, of Convention No. 89, for instance, that the right of denunciation may only be exercised within the 12‑month period following the expiration of each period of ten years.

In light of the preceding observations, therefore, the Committee requests the Government to take appropriate action in respect of obsolete Convention No. 4. It also asks the Government to keep the Office informed of any further developments concerning the possible ratification of 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 night workers irrespective of gender in nearly all branches and occupations.

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:

The Committee notes that a new Labour Code was adopted on 7 July 1993. This Code does not prohibit night work for women. It notes that, while pregnant women are entitled to special protection in respect of their working conditions under sections 122 to 125 of the said Code, it is only young workers aged less than 18 years who are currently prohibited from night work under section 119 of the same Code. The Government states in its report that the legislator of Burundi had given priority to the principle of equality between the sexes in employment and in work within the meaning of section 6 of the Labour Code. The Committee is therefore obliged to observe that the legislation in force no longer gives any effect to the provisions of the Convention.

The Committee recalls that the Government must conform with the obligations derived from the Convention. It therefore asks the Government to take the measures necessary to bring its legislation and practice into conformity with the Convention, and to provide information in its next report on progress achieved in this connection. However, the Committee takes due note of the Government’s indication that it is considering ratification of the Night Work Convention, 1990 (No. 171). It therefore requests the Government to keep it informed of any decision taken in this regard and also concerning the possible denouncing of Convention No. 89.

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

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:

The Committee notes that a new Labour Code was adopted on 7 July 1993. This Code does not prohibit night work for women. It notes that, while pregnant women are entitled to special protection in respect of their working conditions under sections 122 to 125 of the said Code, it is only young workers aged less than 18 years who are currently prohibited from night work under section 119 of the same Code. The Government states in its report that the legislator of Burundi had given priority to the principle of equality between the sexes in employment and in work within the meaning of section 6 of the Labour Code. The Committee is therefore obliged to observe that the legislation in force no longer gives any effect to the provisions of the Convention.

The Committee recalls that the Government must conform with the obligations derived from the Convention. It therefore asks the Government to take the measures necessary to bring its legislation and practice into conformity with the Convention, and to provide information in its next report on progress achieved in this connection. However, the Committee takes due note of the Government’s indication that it is considering ratification of the Night Work Convention, 1990 (No. 171). It therefore requests the Government to keep it informed of any decision taken in this regard and also concerning the possible denouncing of Convention No. 89.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous direct request, which read as follows:

The Committee notes that a new Labour Code was adopted on 7 July 1993. This Code does not prohibit night work for women. It notes that, while pregnant women are entitled to special protection in respect of their working conditions under sections 122 to 125 of the said Code, it is only young workers aged less than 18 years who are currently prohibited from night work under section 119 of the same Code. The Government states in its report that the legislator of Burundi had given priority to the principle of equality between the sexes in employment and in work within the meaning of section 6 of the Labour Code. The Committee is therefore obliged to observe that the legislation in force no longer gives any effect to the provisions of the Convention.

The Committee recalls that the Government must conform with the obligations derived from the Convention. It therefore asks the Government to take the measures necessary to bring its legislation and practice into conformity with the Convention, and to provide information in its next report on progress achieved in this connection. However, the Committee takes due note of the Government’s indication that it is considering ratification of the Night Work Convention, 1990 (No. 171). It therefore requests the Government to keep it informed of any decision taken in this regard and also concerning the possible denouncing of Convention No. 89.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes the information provided by the Government.

The Committee notes that a new Labour Code was adopted on 7 July 1993. This Code does not prohibit night work for women. It notes that, while pregnant women are entitled to special protection in respect of their working conditions under sections 122 to 125 of the said Code, it is only young workers aged less than 18 years who are currently prohibited from night work under section 119 of the same Code. The Government states in its report that the legislator of Burundi had given priority to the principle of equality between the sexes in employment and in work within the meaning of section 6 of the Labour Code. The Committee is therefore obliged to observe that the legislation in force no longer gives any effect to the provisions of the Convention.

The Committee recalls that the Government must conform with the obligations derived from the Convention. It therefore asks the Government to take the measures necessary to bring its legislation and practice into conformity with the Convention, and to provide information in its next report on progress achieved in this connection. However, the Committee takes due note of the Government’s indication that it is considering ratification of the Night Work Convention, 1990 (No. 171). It therefore requests the Government to keep it informed of any decision taken in this regard and also concerning the possible denouncing of Convention No. 89.