Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 89) sur le travail de nuit (femmes) (révisée), 1948 - Algérie (Ratification: 1962)

Article 2 of the Convention. Duration of minimum compulsory night rest. The Committee notes with regret that the Government’s report does not reply to the points that the Committee has been raising for many years concerning the definition of the term “night work” and the exemption possibilities under sections 27 and 29 of Act No. 90-11 of 21 April 1990 respecting labour relations. Whereas in its previous report submitted in 2003, the Government had indicated that draft amendments bringing the relevant provisions into conformity with Article 2 of the Convention were under preparation and that the revised text would be transmitted once it had been adopted, in its last report the Government limits itself to reiterating the main provisions of the 1990 legislation which are clearly inconsistent with the requirements of the Convention.

The Committee recalls once more that the Protocol of 1990 to Convention No. 89 was drafted with a view to offering greater flexibility in terms of variations in the duration of the night period and broader exemptions from the prohibition of night work, and therefore its ratification and proper implementation would permit to eliminate the current divergence between the national legislation and the Convention. The Committee therefore invites the Government to give favourable consideration to the ratification of the 1990 Protocol to Convention No. 89 and to report on any progress made regarding the amendment of the 1990 Act on labour relations.