Night Work Convention, 1990 (No. 171) - Brazil (Ratification: 2002)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3 of the Convention. Minimum protective measures for night workers. While noting the information provided by the Government on inspections carried out between 2008–12 regarding the violation of standards on night work, the Committee notes that the Government’s report substantially reproduces the previous information without replying to the Committee’s comments pointing out the need to establish measures ensuring a minimum level of protection for night workers. Therefore, the Committee refers to its previous comments and requests the Government to take the necessary measures to give effect, both in law and in practice, to the provisions of the Convention.

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

Article 3 of the Convention. Minimum protective measures for night workers. Further to its previous comments concerning Articles 6 (workers certified as unfit for night work), 9 (social services) and 10 (consultation of workers’ representatives) of the Convention, the Committee notes the Government’s indication that no new measures have been taken to ensure the effective application of these provisions. The Committee recalls that these provisions set out a number of measures that are necessary to ensure a minimum level of protection for night workers and are designed to assist them to meet their family and social responsibilities. These measures are the result of a long-standing consensus on the harmful effects of night work on the health of workers, as well as on their social and family life. They reflect the need to ensure a range of protective measures for all night workers, especially with regard to health and safety, social assistance and maternity protection, and emphasize the need to introduce systems of shift work based on consultations within the enterprise. The Committee also recalls that, under Article 3(2) of the Convention, the measures taken may be applied progressively, but remain compulsory and have to be applied. The Committee therefore requests the Government to take the necessary measures to give effect, in both law and practice, to the provisions of the Convention. It requests the Government to keep the Office informed of any progress made in this regard.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the application of the Convention in practice, including, for example, statistics on night workers – disaggregated, if possible, by sex, age and branch of activity – extracts from inspection reports indicating the number and nature of violations reported and the penalties imposed, copies of official documents or studies relating to the working conditions of night workers, copies of collective agreements including specific clauses on night work, etc.

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

The Committee notes with interest the Government’s first detailed report and the attached documentation. It requests the Government to supply further information on the following points.

Article 6 of the Convention. The Committee notes the Government’s statement that the national legislation does not provide for any measures (e.g. temporary transfer to day work position) concerning workers who are medically certified as unfit for night work. While recalling that the Convention allows for the progressive application of the minimum protective measures set out in Articles 4 to 10, the Committee requests the Government to report on any measures taken or envisaged to give effect to the requirements of the Convention in this regard.

Article 9. The Committee notes the Government’s statement that no measures have been adopted with regard to give effect to this Article of the Convention. Notwithstanding the possibility for progressive implementation offered by the Convention, the Committee requests the Government to indicate the steps it intends to take in order to give effect to this provision of the Convention. In this respect, the Government may wish to consider Paragraphs 13 to 18 of the Night Work Recommendation, 1990 (No. 178), which offer guidance as to social services appropriate for night workers.

Article 10. The Committee notes the Government’s statement that the national legislation does not contain any provision requiring consultations with the workers’ representatives at the enterprise level prior to the introduction of night work schedules, especially with regard to the details of such schedules and the forms of organization of night work that are best adapted to the establishment and its personnel. The Committee once again recalls that measures such as those referred to in this Article of the Convention may be introduced and applied gradually, but hopes that the Government will take the necessary action to bring its legislation into full conformity with the Convention in the very near future.

Article 11. While noting that the Convention is principally implemented through legislation, the Committee requests the Government to indicate whether collective agreements, either at the branch or at the enterprise level, contain specific provisions on night work, and if so, to transmit copies of any such documents.

Part V of the report form. The Committee requests the Government to supply all available information on the application of the Convention in practice, for instance, statistical information on the number of workers employed at night, extracts from inspection reports showing the number and nature of infringements observed, copies of any official publications addressing issues related to night work, etc.