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

Night Work (Women) Convention (Revised), 1948 (No. 89) - North Macedonia (Ratification: 1991)

Articles 2 and 3 of the Convention. Duration of compulsory night rest and exceptions to the prohibition of night work for women. In its previous comment, the Committee drew the Government’s attention to the fact that the Labour Relations Law of 2005 is not fully consistent with the general prohibition against women’s night work set out in Article 3 of the Convention and the definition of the term “night” as a period of at least 11 consecutive hours laid down in Article 2 of the Convention. At the same time, the Committee recalled the need for all member States to progressively eliminate any provisions contrary to the principles of non-discrimination in employment and occupation and equality of opportunity and treatment between men and women, except those connected with maternity protection, and to consider the ratification of the Night Work Convention, 1990 (No. 171), which seeks to improve the quality of the working life of all night workers, both men and women, in all branches and occupations. In its latest report, the Government indicates that the ratification of Convention No. 171 will be considered once detailed research and consultations have been carried out to determine whether unrestricted access to night work presents a genuine employment opportunity for women or simply an additional risk of exploitation. The Government adds that it has undertaken the harmonization of the national legislation with EU legislation, including the Working Time Directive 2003/88, and in this context it finds it difficult to accommodate the requirements of the Convention with relevant EU standards. The Committee observes, in this regard, that the Convention has been widely criticized as being contrary to the overriding principle of gender equality and restricting the individual worker’s freedom of choice on working time solely on the basis of sex and, for this reason, it has been denounced by all those EU Member States, except one, who were previously bound by that instrument. The Committee accordingly requests the Government to keep the Office informed of any decision taken or envisaged concerning the ratification of Convention No. 171 and the eventual denunciation of Convention No. 89.