Observación (CEACR) - Adopción: 2000, Publicación: 89ª reunión CIT (2001)

Convenio (revisado) sobre el trabajo nocturno (mujeres), 1948 (núm. 89) - Argelia (Ratificación : 1962)

The Committee notes the information supplied by the Government in its report. It also notes the statistical data concerning the exemptions granted by specific regional labour inspectorates in respect of night employment of female workers.

The Committee recalls its previous comments in which it noted that, according to article 27 of Act No. 90-11 of 21 April 1990, respecting labour relations, night work is taken to mean any work performed between 9 p.m. and 5 a.m., while Article 2 of the Convention provides that 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 inn the morning.

The Committee also notes that, under article 29 of Act No. 90-11 of 21 April 1990, respecting labour relations, the labour inspector may exceptionally authorize the employment of women during the night if the nature and special circumstances of the work so require. The Committee stresses in this regard that the only exemption possibilities allowed by the Convention are those specifically provided for in Articles 3, 4, 5 and 8. The Committee cannot but draw attention once more to the decree, already planned since 1985, to determine the production or service units or workplaces in which the night work of women is permitted, reiterating the hope that this decree will be adopted shortly and that it will take account of the provisions of the Convention.

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. The Committee trusts that the Government will not fail to indicate in its next report the progress made in eliminating the divergences between the legislation and the Convention.

The Committee also wishes to draw the Government’s attention to the Protocol of 1990 to Convention No. 89, which offers greater flexibility in the application of this Convention.