Night Work (Women) Convention, 1919 (No. 4) - Nicaragua (Ratification: 1934)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Prohibition of night work for women. The Committee notes the Government’s report which makes renewed reference to the national Constitution, general labour legislation and the recently adopted Act No. 648 on equality of rights and opportunity of March 2008 as guaranteeing and promoting gender equality and non-discrimination in the country. The Government adds that no special protective measures exist for women restricting in any manner their right to engage in either daytime or night work, except for pregnant workers, who may not be assigned to a night shift as from the sixth month of pregnancy, in accordance with section 52 of the Labour Code. In the interest therefore of maintaining coherence between the obligations arising out of ratified ILO Conventions on the one hand and national law and practice on the other, the Committee has suggested that the Government should proceed to formally terminate its obligations under Convention No. 4. However, the Government has not yet given any indication as to its intentions in this regard. Under the circumstances, the Committee wishes to refer once again to the explanations given in its comments formulated in 2003 and recalls that the instrument of denunciation of Convention No. 4 may be communicated at any time (the rule of one-year intervals, or denunciation “windows”, every ten years not being applicable to Convention No. 4) on condition that the representative organizations of employers and workers are fully consulted in advance. The Committee hopes that the Government will take the necessary action without further delay to formally put an end to its obligations under this obsolete instrument. The Committee asks the Government to provide information on any progress made in this respect. At the same time, the Committee strongly encourages the Government to give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which breaks away from gender-specific standards and addresses the issue of night work for both men and women.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret 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 comments.

Repetition

Article 3 of the Convention. Prohibition of night work for women. The Committee notes the Government’s report which makes renewed reference to the national Constitution, general labour legislation and the recently adopted Act No. 648 on equality of rights and opportunity of March 2008 as guaranteeing and promoting gender equality and non-discrimination in the country. The Government adds that no special protective measures exist for women restricting in any manner their right to engage in either daytime or night work, except for pregnant workers, who may not be assigned to a night shift as from the sixth month of pregnancy, in accordance with section 52 of the Labour Code. In the interest therefore of maintaining coherence between the obligations arising out of ratified ILO Conventions on the one hand and national law and practice on the other, the Committee has suggested that the Government should proceed to formally terminate its obligations under Convention No. 4. However, the Government has not yet given any indication as to its intentions in this regard. Under the circumstances, the Committee wishes to refer once again to the explanations given in its comments formulated in 2003 and recalls that the instrument of denunciation of Convention No. 4 may be communicated at any time (the rule of one-year intervals, or denunciation “windows”, every ten years not being applicable to Convention No. 4) on condition that the representative organizations of employers and workers are fully consulted in advance. The Committee hopes that the Government will take the necessary action without further delay to formally put an end to its obligations under this obsolete instrument. The Committee asks the Government to provide information on any progress made in this respect. At the same time, the Committee strongly encourages the Government to give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which breaks away from gender specific standards and addresses the issue of night work for both men and women in its occupational safety and health dimension.

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

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:

Repetition

Article 3 of the Convention. Prohibition of night work for women. The Committee notes the Government’s report which makes renewed reference to the national Constitution, general labour legislation and the recently adopted Act No. 648 on equality of rights and opportunity of March 2008 as guaranteeing and promoting gender equality and non-discrimination in the country. The Government adds that no special protective measures exist for women restricting in any manner their right to engage in either daytime or night work, except for pregnant workers, who may not be assigned to a night shift as from the sixth month of pregnancy, in accordance with section 52 of the Labour Code. In the interest therefore of maintaining coherence between the obligations arising out of ratified ILO Conventions on the one hand and national law and practice on the other, the Committee has suggested that the Government should proceed to formally terminate its obligations under Convention No. 4. However, the Government has not yet given any indication as to its intentions in this regard. Under the circumstances, the Committee wishes to refer once again to the explanations given in its comments formulated in 2003 and recalls that the instrument of denunciation of Convention No. 4 may be communicated at any time (the rule of one-year intervals, or denunciation “windows”, every ten years not being applicable to Convention No. 4) on condition that the representative organizations of employers and workers are fully consulted in advance. The Committee hopes that the Government will take the necessary action without further delay to formally put an end to its obligations under this obsolete instrument. The Committee asks the Government to keep the Office informed of any progress made in this respect. At the same time, the Committee strongly encourages the Government to give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which breaks away from gender specific standards and addresses the issue of night work for both men and women in its occupational safety and health dimension.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Prohibition of night work for women. The Committee notes the Government’s report which makes renewed reference to the national Constitution, general labour legislation and the recently adopted Act No. 648 on equality of rights and opportunity of March 2008 as guaranteeing and promoting gender equality and non-discrimination in the country. The Government adds that no special protective measures exist for women restricting in any manner their right to engage in either day time or night work, except for pregnant workers, who may not be assigned to a night shift as from the sixth month of pregnancy, in accordance with section 52 of the Labour Code. In the interest therefore of maintaining coherence between the obligations arising out of ratified ILO Conventions on the one hand and national law and practice on the other, the Committee has suggested that the Government should proceed to formally terminate its obligations under Convention No. 4. However, the Government has not yet given any indication as to its intentions in this regard. Under the circumstances, the Committee wishes to refer once again to the explanations given in its comments formulated in 2003 and recalls that the instrument of denunciation of Convention No. 4 may be communicated at any time (the rule of one-year intervals, or denunciation “windows”, every ten years not being applicable to Convention No. 4) on condition that the representative organizations of employers and workers are fully consulted in advance. The Committee hopes that the Government will take the necessary action without further delay to formally put an end to its obligations under this obsolete instrument. The Committee asks the Government to keep the Office informed of any progress made in this respect. At the same time, the Committee strongly encourages the Government to give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which breaks away from gender‑specific standards and addresses the issue of night work for both men and women in its occupational safety and health dimension.

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 night work for women is no longer prohibited since women workers enjoy all labour rights guaranteed by the Labour Code and other laws relating to equality of opportunity and treatment and they may not be subject to discrimination because of their gender. Bearing in mind that the Government has been reporting for many years that no effect is given to the provisions of the Convention, the Committee recalls that the denunciation of this Convention is possible at any time provided that the representative organizations of employers and workers are fully consulted in advance. In this respect, the Committee refers to paragraph 193 of its General Survey of 2001 on the night work of women in industry in which it concluded that Convention No. 4 is manifestly of historical importance only, ill-suited to present-day realities and that for all practical purposes it no longer makes a useful contribution to attaining the objectives of the Organization. The Committee also recalls that, based on these conclusions and the proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided to shelve Convention No. 4 which essentially means that ratification of this instrument is no longer encouraged and that detailed reports on its application will no longer be requested on a regular basis (see GB.283/LILS/WP/PRS/1/2, paragraphs 31–32). However, the Committee draws the Government’s attention to the fact that night work is generally considered to have harmful effects for all workers and calls for an appropriate legal framework. As the Committee has pointed out in paragraphs 195 and 202 of the abovementioned General Survey, the process of eliminating legal restrictions on women’s employment during the night should not result in a legal vacuum with night workers being deprived of any regulatory safeguards while there is a 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. In the light of the preceding observations, the Committee would invite the Government to take appropriate action, and eventually consider ratification of either the Night Work Convention, 1990 (No. 171), or the Night Work (Women) Convention (Revised), 1948 (No. 89), and its Protocol of 1990. While noting that the Government has not provided any information on the consultations undertaken to this effect with public institutions and the social partners, the Committee hopes that the Government will indicate in its next report the progress made in this regard.

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

The Committee notes the Government’s report, in particular the Government’s statement that night work for women is no longer prohibited since women workers enjoy all labour rights guaranteed by the Labour Code and other laws relating to equality of opportunity and treatment and they may not be subject to discrimination because of their gender. Bearing in mind that the Government has been reporting for many years that no effect is given to the provisions of the Convention, the Committee recalls that the denunciation of this Convention is possible at any time provided that the representative organizations of employers and workers are fully consulted in advance. In this respect, the Committee refers to paragraph 193 of its General Survey of 2001 on the night work of women in industry in which it concluded that Convention No. 4 is manifestly of historical importance only, ill-suited to present-day realities and that for all practical purposes it no longer makes a useful contribution to attaining the objectives of the Organization. The Committee also recalls that, based on these conclusions and the proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided to shelve Convention No. 4 which essentially means that ratification of this instrument is no longer encouraged and that detailed reports on its application will no longer be requested on a regular basis (see GB.283/LILS/WP/PRS/1/2, paragraphs 31-32). However, the Committee draws the Government’s attention to the fact that night work is generally considered to have harmful effects for all workers and calls for an appropriate legal framework. As the Committee has pointed out in paragraphs 195 and 202 of the abovementioned General Survey, the process of eliminating legal restrictions on women’s employment during the night should not result in a legal vacuum with night workers being deprived of any regulatory safeguards while there is a 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. In the light of the preceding observations, the Committee would invite the Government to take appropriate action, and eventually consider ratification of either the Night Work Convention, 1990 (No. 171), or the Night Work (Women) Convention (Revised), 1948 (No. 89), and its Protocol of 1990. While noting that the Government has not provided any information on the consultations undertaken to this effect with public institutions and the social partners, the Committee hopes that the Government will indicate in its next report the progress made in this regard.

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

The Committee notes the information supplied by the Government in its reports.

Following up on its previous comments, the Committee notes that the national legislation no longer contains any provision prohibiting women’s employment during the night, except for pregnant workers as from the sixth month of pregnancy, and that therefore the Convention has for all practical purposes ceased to apply.

The Committee notes from the Government’s reports that the Ministry of Labour has undertaken consultations with public institutions and the most representative employers’ and workers’ organizations with a view to examining the possibility of ratification of the Night Work Convention, 1990 (No. 171), or the Night Work (Women) Convention (Revised), 1948 (No. 89), and its Protocol of 1990, to be followed by the denunciation of Convention No. 4.

The Committee requests the Government to keep it informed of any decisions taken in this regard.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its report.

In its previous comments, the Committee noted that the national legislation contains no provision banning night work by women, in accordance with Article 3 of the Convention. The Committee observes that there has been no progress in this respect although a new Labour Code has been adopted.

The Committee also notes that the women's organizations which were consulted and women deputies in the plenary debates on the new Labour Code at the National Assembly disagreed with prohibition of night work by women on the grounds that it places restrictions on their integration in the world of labour. The women deputies were of the view that labour legislation should treat women in the same way as men and that only maternity protection should be regulated. The Committee also notes the Government's statement that it is necessary to take account of the social and economic situation of peoples among which the woman, in a high percentage of cases, is the head of the family and the only economically active person in the family group and, accordingly, the only source of income.

The Committee notes the Government's statement that in Nicaragua there is no prohibition on night work by women. Consequently, it requests the Government to take the necessary measures to ensure that national laws are consistent with the international commitments made.

In this regard the Committee recalls that, in 1990, the International Labour Conference adopted a Convention (No. 171) and a Recommendation (No. 178) on night work and a Protocol to the Night Work (Women) Convention (Revised), 1948 (No. 89) which meet, through different approaches, both the concerns about the employment of women and the protection against forms of work which have adverse effects on the health and the family and social life of workers.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its report.

In its previous comments the Committee noted that the national legislation contains no provision banning night work by women, in accordance with Article 3 of the Convention. The Committee observes that there has been no progress in this respect although a new Labour Code has been adopted.

The Committee notes that, according to the Government's report, the women's organizations consulted and women deputies in the plenary debates on the new Labour Code at the National Assembly, disagreed with prohibiting night work by women on the grounds that it places restrictions on their integration in the world of labour. The women deputies were of the view that labour legislation should treat women in the same way as men and that only maternity protection should be regulated. The Committee also notes the Government's statement that it is necessary to take account of the social and economic situation of peoples among which the woman, in a high percentage of cases, is the head of the family and the only economically active person in the family group and, accordingly, the only source of income.

The Committee asks the Government to indicate the measures taken to ensure that national laws are consistent with the commitments made by ratifying the Convention.

[The Government is asked to report in detail in 1996.]

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

In the comments which it has been making for many years, the Committee has noted that the national legislation contains no provision to prohibit the night work of women, in accordance with Article 3 of the Convention.

The Committee notes that the Government recognizes that it would be appropriate to consult the new organizations on this matter. It hopes that the Government will soon be in a position to supply information on any progress achieved in law and in practice in order to bring the legislation into conformity with the Convention.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee refers to its previous comments in which it pointed out that the national legislation contained no provision prohibiting the employment of women during the night. The Government indicated in a previous report that there was a general consensus against the adoption of such provisions which would be discriminatory towards women. The Government then indicated in another report that consultations were under way with women's organisations and trade union organisations with a view to the ratification of Convention No. 89, which is more flexible. The Committee once again requests the Government to indicate whether these consultations have been completed and, if so, their outcome.

The Committee also considers it useful to recall the comments that it made in 1986 (paragraphs 69 to 71 of the General Report) on the question of the application of Conventions on the night work of women and recalls that, at its 77th Session (1990), the International Labour Conference adopted the Night Work Convention (No. 171) and the Protocol to the Night Work (Women) Convention (Revised), 1948.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments, the Committee pointed out that the national legislation contained no provision prohibiting the employment of women during the night. The Government indicated, in a previous report, that there was a general consensus against the adoption of provisions in this respect which would be discriminatory towards women. The Committee notes, according to the last report, that consultations were being held with women's organisations and trade-union organisations with a view to ratifying Convention No. 89, which is more flexible.

The Committee requests the Government to report all developments in this field.