Night Work (Women) Convention (Revised), 1948 (No. 89) - South Africa (Ratification: 1950)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 15(2) of the Convention. Denunciation. The Committee notes that the Government has removed all  legal restrictions on the employment of women during the night but has not yet taken any steps with a view to terminating its obligations under Convention No. 89, which under the circumstances is manifestly without object. In this regard, the Committee recalls that Convention No. 89 may be denounced every ten years and will again be open to denunciation for a period of one year as from 27 February 2011. The Committee notes the Government’s statement that it is in the process of considering legislative amendments and that in this context will also consider options with regard to the Night Work Convention, 1990 (No. 171). The Committee seizes this opportunity to stress that Convention No. 171 lays down up-to-date standards with respect to the safety and health protection of night workers irrespective of gender in all branches and occupations. At the same time, the Committee would caution against the risk of a complete deregulation of night work through the removal of all protective measures for women and the failure to replace them with a legislation offering appropriate protection to all night workers. The Committee therefore hopes that the Government will take the necessary action in a timely manner, both as regards the denunciation of Convention No. 89 and the eventual ratification of Convention No. 171, and requests it to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the national legislation does not prohibit night work but makes provision for the regulation of night work offering protection especially in matters such as the arrangement of working time, family responsibility and maternity. The Government refers in particular to the Code of Good Practice on the Arrangement of Working Time and the Code of Good Practice on the Protection of Employees during Pregnancy and after Childbirth, both issued under the Basic Conditions of Employment Act of 1997, which contain guidelines concerning the impact of working time on the health, safety and family responsibilities of employees and also the protection of the health of women against potential hazards in their work environment during pregnancy, after the birth of a child and while breastfeeding.

The Committee recalls that the Government had previously announced its intention to formally denounce the Convention in 2001. It notes, however, that the Government has not exercised the right of denunciation during the 12-month interval which ended on 27 February 2002 and therefore remains bound for another period of ten years, in accordance with the provisions of Article 15, paragraph 2, of the Convention. In this connection, the Committee wishes to refer to paragraph 93 of its General Survey of 2001 on the night work of women in industry in which it expressed the view that it is not sufficient for a member State to invoke the principle of equality of non-discrimination in employment and occupation or the principle of equality of treatment in order to nullify its obligations arising from the formal acceptance of an international labour Convention, and that established rules and procedures relating to the acceptance or termination of obligations under international labour Conventions should be respected in the interest of preserving a coherent body of international labour standards and giving full meaning to the Organization’s supervisory machinery.

While noting that the Convention has for all practical purposes ceased to apply in South Africa, and while encouraging the Government to take all necessary measures to ensure that international commitments are consistent with national laws in this regard, the Committee stresses the need for an appropriate legal framework addressing the problems and hazards of night work since it is generally agreed that night work has harmful effects for all workers. Therefore, the Committee once again expresses the hope that the Government will be able, after consulting with its social partners, 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, and asks the Government to keep the Office informed of any developments in this regard.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s detailed report in reply to its previous comments. As it was already indicated in earlier reports, the national legislation does not prohibit night work but makes provision for the regulation of night work offering protection especially in matters such as the arrangement of working time, family responsibility and maternity. The Government refers in particular to the Code of Good Practice on the Arrangement of Working Time and the Code of Good Practice on the Protection of Employees during Pregnancy and after Childbirth, both issued under the Basic Conditions of Employment Act of 1997, which contain guidelines concerning the impact of working time on the health, safety and family responsibilities of employees and also the protection of the health of women against potential hazards in their work environment during pregnancy, after the birth of a child and while breastfeeding.

The Committee recalls that the Government had previously announced its intention to formally denounce the Convention in 2001. It notes, however, that the Government has not exercised the right of denunciation during the 12-month interval which ended on 27 February 2002 and therefore remains bound for another period of ten years, in accordance with the provisions of Article 15, paragraph 2, of the Convention. In this connection, the Committee wishes to refer to paragraph 93 of its General Survey of 2001 on the night work of women in industry in which it expressed the view that it is not sufficient for a member State to invoke the principle of equality of non-discrimination in employment and occupation or the principle of equality of treatment in order to nullify its obligations arising from the formal acceptance of an international labour Convention, and that established rules and procedures relating to the acceptance or termination of obligations under international labour Conventions should be respected in the interest of preserving a coherent body of international labour standards and giving full meaning to the Organization’s supervisory machinery.

While noting that the Convention has for all practical purposes ceased to apply in South Africa, and while encouraging the Government to take all necessary measures to ensure that international commitments are consistent with national laws in this regard, the Committee stresses the need for an appropriate legal framework addressing the problems and hazards of night work since it is generally agreed that night work has harmful effects for all workers. Therefore, the Committee once again expresses the hope that the Government will be able, after consulting with its social partners, 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, and asks the Government to keep it informed of any developments in this regard.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in response to its previous comments.

The Committee notes from the Government’s report that the new South African Constitution, Act No. 108 of 18 December 1996, prohibits discrimination in any form, while recently enacted labour laws such as the Mine Health and Safety Act, No. 29 of 30 May 1996, the Basic Conditions of Employment Act, No. 75 of 26 November 1997, and the Labour Relations Act, No. 66 of 29 November 1995, do not contain any provision banning employment of women during the night.

The Committee notes the Government’s statement that the provisions of the Convention are outdated and do not correspond to present needs, and that re-introducing limitations on women’s night work would be contrary to the principles set out in Convention No. 111 which has already been ratified by South Africa. The Committee also notes that the Government would consider the possibility of denouncing the Convention when it will again be open to denunciation in 2001.

The Committee recalls that the Government remains fully bound by the provisions of the Convention until such time a formal act of denunciation takes effect in accordance with Article 15(1) of the Convention. This implies that, as long as the Government does not proceed to denounce the Convention, it has the obligation to take the necessary measures to eliminate the incongruity between the national legislation and international commitments made on account of the acceptance of the Convention. The Committee requests the Government to keep it informed of any decisions taken in this matter.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171).

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

In its previous comments, the Committee noted that under the Basic Conditions of Employment Act, 1983, the Labour Relations Act, 1956, and the Wage Act, 1975, the prohibition of the night work of women had been abolished. It once again hoped that the Government would re-examine the situation in the light of the obligations deriving from the ratification of the Convention.

The Committee notes from the Government's report that national legislation does not establish a distinction between men and women workers and therefore does not contain any provision prohibiting the night work of women. It also notes the Government's statement that, if it once again became a Member of the ILO, it would envisage ratifying Convention No. 171.

The Committee hopes that the Government will be in a position to supply information on any progress achieved in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee refers to its previous comments in which it noted that, according to the Government's reports, the Basic Conditions of Employment Act, 1983, the Labour Relations Act, 1956, and the Wage Act, 1975 had the effect of abolishing the prohibition on the night work of women. It again expresses the hope that the Government will be able to re-examine the situation as regards its obligation deriving from the ratification of the Convention and that it will indicate any further developments in this respect. Meanwhile, the Committee asks the Government to provide statistical data and all other information concerning the night work of women in its next report.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's report, according to which the Basic Conditions of Employment Act, 1983, the Labour Relations Act, 1956, and the Wage Act, 1957, no longer include distinctions between the conditions of employment of males and females which has the effect of abolishing the prohibition on the night work of women. The Committee can only note that the Convention is no longer applied. It hopes that the Governnment will be able to re-examine the situation as regards its obligations deriving from the ratification of the Convention. Please indicate any further developments in this respect.