Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 89) sur le travail de nuit (femmes) (révisée), 1948 - Inde (Ratification: 1950)

The Committee notes with interest the information contained in the Government’s report, in particular the ratification of the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89). The Committee notes the Government’s statement that, in the light of changed circumstances and demands from various women’s organizations and also in view of the Protocol of 1990, it has decided to amend section 66 of the Factories Act, 1948, in order to ensure greater flexibility in the application of the Convention while maintaining adequate safeguards. Recalling that according to Article 1 of the Protocol, exemptions from the prohibition on women’s night work and variations in the duration of the night period may be introduced by decision of the competent authority provided that the employers and workers concerned or their representatives have concluded an agreement to this effect at the branch or enterprise level, the Committee requests the Government to specify in its next report the legislative provisions giving effect to the requirements of the Protocol and to transmit a copy of the amended text of section 66 of the Factories Act, 1948. Moreover, the Committee wishes to draw the Government’s attention to Article 2, paragraphs 1 and 3, of the Protocol which lay down the principle that, even though the prohibition on the night work of women may in practice be lifted in specific branches of activity and occupations or specific establishments, minimum protection is still needed for pregnant women workers and nursing mothers and therefore an outright prohibition on night work should continue to apply at least during the eight weeks preceding childbirth and the eight weeks following it, whereas appropriate measures should be taken to ensure the income maintenance and the protection of female employees against unfair dismissal during the period of compulsory absence from work on maternity grounds. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that national legislation is fully consonant with the above provisions. Moreover, the Committee would be grateful to the Government for providing in its next report, in accordance with Part V of the report form and Article 3 of the Protocol, all available information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, information on the variations and exemptions introduced pursuant to the Protocol, etc. Finally, the Committee invites 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 night workers irrespective of gender in nearly all branches and occupations. The Committee asks the Government to keep the Office informed of any decision taken in this regard.

[The Government is asked to reply in detail to the present comments in 2005.]