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Seventeenth Session (1)

Original Language Title: dix-septième session (1)

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3 AVRIL 1997. An Act to Accredit Convention No. 171 concerning Night Work, adopted at Geneva on 26 June 1990 by the International Labour Conference at its seventy-seventh session (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.

Art. 2. The Convention No. 171 concerning Night Work, adopted at Geneva on 26 June 1990 by the International Labour Conference at its seventy-seventh session, will take out its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, April 3, 1997.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister of Employment and Labour,
Ms. M. SMET
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Annex
Convention concerning Night Work
(Convention No. 171)
The General Conference of the International Labour Organization,
Convened in Geneva by the Board of Directors of the International Labour Office, meeting on 6 June 1990, at its sixty-seventh session;
Noting the provisions of the international labour conventions and recommendations for the night work of children and adolescents, including those of the convention and the recommendation on the night work of adolescents (non-industrial work), 1946, the Convention on the Night Work of Children (Industry) (Revised), 1948, and the recommendation on the night work of children and young people (agriculture), 1921;
Noting the provisions of international labour conventions and recommendations for night work of women, including those of the Convention on Night Work (Women) (Revised), 1948, and its 1990 Protocol, has the recommendation on night work of women (agriculture), 1921, as well as paragraph 5 of the recommendation on maternity protection, 1952;
Noting the provisions of the Convention on Discrimination (Employment and Occupation), 1958;
Noting the provisions of the Maternity Protection Convention (Revised), 1952;
Having decided to adopt various proposals on night work, which constitutes the fourth item on the agenda of the session;
After deciding that these proposals would take the form of an international convention,
Adopts, this twenty-sixth day of June nine hundred and ninety, the following convention, to be called the Night Work Convention, 1990:
Article 1er
For the purposes of this Convention:
(a) "night work" means any work carried out during a period of not less than seven consecutive hours including the interval between midnight and 5 a.m., to be determined by the competent authority after consultation with the most representative organizations of employers and workers or through collective agreements;
(b) the term "night work" means an employee whose work requires the realization of hours of night work in substantial numbers, above a given threshold. This threshold will be set by the competent authority after consultation with the most representative organizations of employers and workers or through collective agreements.
Article 2
1. This Agreement applies to all employed workers, except those engaged in agriculture, livestock, fishing, shipping and inland navigation.
2. A Member who ratifies the convention may, after consultation with representative organizations of employers and workers interested, completely or partially exclude from its scope certain limited categories of workers when the implementation of the convention in respect of them raises specific problems and of particular importance.
3. Any Member who takes precedence over the possibility offered in the preceding paragraph must, in the reports on the application of the convention under Article 22 of the Constitution of the International Labour Organization, indicate any particular category of workers so excluded and the reasons for exclusion. It must also report any measures taken to gradually extend the provisions of the convention to the workers concerned.
Article 3
1. The specific measures required by the nature of night work, which will include at least those mentioned in sections 4 to 10 below, must be taken in favour of night workers in order to protect their health, to facilitate the exercise of their family and social responsibilities, to provide them with opportunities for career development and to provide appropriate compensation. Such measures should also be taken in the area of security and maternity protection for all those performing night work.
2. The measures referred to in the preceding paragraph may be implemented progressively.
Article 4
1. At their request, workers will be entitled to obtain a free assessment of their health and to receive advice on how to reduce or avoid health problems associated with their work:
(a) before being assigned as night workers;
(b) at regular intervals during that assignment;
(c) if they experience health problems during this assignment that are not caused by factors other than night work.
2. Except for the observation of incapacity at night work, the content of these assessments should not be transmitted to third parties without the agreement of the workers or used at their expense.
Article 5
Adequate means of first aid must be made available to workers who perform night work, including arrangements that allow workers to be quickly directed to a place where they can receive the appropriate care.
Article 6
1. Night workers who, for health reasons, are certified unfit for night work must be transferred, whenever feasible, to a similar position to which they are fit.
2. When a transfer has such a position is not feasible, these workers must benefit from the same benefits as other workers who are unable to work or get a job.
3. A temporary night worker who is certified to be unable to work at night must be given the same protection for dismissal and notice of termination as other workers who are prevented from working for health reasons.
Article 7
1. Measures must be taken to ensure that an alternative to night work exists for workers who, without this, would be called upon to do such work:
(a) before and after the birth of a child, for a period of at least sixteen weeks, of which at least eight before the presumed date of delivery;
(b) upon presentation of a medical certificate that attests to the need for the health of the mother or child for other periods of time:
(i) during pregnancy;
(ii) during a period beyond the period after the birth of a child established in accordance with paragraph (a) above, whose duration will be determined by the competent authority after consultation with the most representative organizations of employers and workers.
2. The measures referred to in paragraph 1er above, may include the transfer to day-to-day work where possible, the granting of social security benefits or an extension of maternity leave.
3. During the periods referred to in paragraph 1er above:
(a) a worker may not be terminated or given notice of termination, except where there are fair reasons not related to pregnancy or childbirth;
(b) The worker ' s income must be maintained at a sufficient level to ensure that the worker ' s child is interviewed and that of the child in suitable living conditions. Maintenance of this income may be ensured by any of the measures referred to in paragraph 2 above, other appropriate measures or a combination of these measures;
(c) the worker will not lose the grade, seniority and advancement benefits that may be related to the night work position that she normally occupies.
4. The provisions of this article shall not reduce the protection and benefits of maternity leave.
Article 8
Compensation granted to night workers in terms of working hours, wages or similar benefits must recognize the nature of night work.
Article 9
Appropriate social services must be provided for night workers and, where necessary, for workers performing night work.
Article 10
1. Before introducing work schedules requiring night workers services, the employer must consult with representatives of interested workers on the timelines of these hours, on the forms of night work organization that are best suited to the establishment and its staff, as well as on the measures required for occupational health and social services. Such consultations should take place regularly in the establishments that employ night workers.
2. For the purposes of this article, the terms "workers' representatives" refer to persons recognized as such by legislation or national practice according to the Workers' Representatives Convention, 1971.
Article 11
1. The provisions of this Agreement may be implemented by means of legislation, collective agreements, arbitral or judicial decisions, by a combination of these means or in any other manner appropriate to national conditions and practice. They must be applied through legislation to the extent that they have not been through other means.
2. When the provisions of the Convention are implemented through legislation, the most representative organizations of employers and workers must be consulted beforehand.
Article 12
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office and recorded by him.
Article 13
1. This Convention shall be binding only on members of the International Labour Organization whose ratification has been registered by the Director General.
2. It will come into force twelve months after two members have been registered by the Director General.
3. Subsequently, this agreement will come into force for each Member twelve months after the date of its ratification.
Article 14
1. Any member who has ratified this Convention may declare it at the expiry of a period of ten years after the date of the initial entry into force of the Convention, by an act communicated to the Director General of the International Labour Office and registered to it. The denunciation will only take effect one year after being registered.
2. Any member who has ratified this Convention that, within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the denunciation faculty provided for in this Article shall be bound for a further ten-year period and, thereafter, may denounce this Convention at the expiry of each ten-year period under the conditions provided for in this Article.
Article 15
1. The Director General of the International Labour Office will notify all Members of the International Labour Organization of the registration of all reports and denunciations to be communicated by the members of the Organization.
2. In notifying the members of the Organization the registration of the second ratification that has been communicated to it, the Director-General will draw the attention of the Members of the Organization to the date on which this Agreement will enter into force.
Article 16
The Director-General of the International Labour Office will provide the Secretary-General of the United Nations, for registration, in accordance with Article 102 of the Charter of the United Nations, with full information on all ratifications and denunciations registered in accordance with the preceding articles.
Article 17
Each time it deems necessary, the Board of Directors of the International Labour Office will present to the General Conference a report on the application of this Convention and will consider whether it is necessary to include in the agenda of the Conference the question of its total or partial revision.
Article 18
1. In the event that the Conference adopts a new Convention for the full or partial revision of this Convention, and unless the new Convention otherwise provides:
(a) the ratification by a Member of the new revision convention would entail full right, notwithstanding article 14 above, immediate denunciation of this Convention, subject to the entry into force of the new revision convention;
(b) from the date of the entry into force of the new revision convention, this Convention would cease to be open to the ratification of Members.
2. This Convention would in any case remain in force in its form and content for those members who have ratified it and who would not ratify the revision convention.
Article 19
The English and French versions of the text of this Convention are equally authentic.
The above text is the authentic text of the Convention duly adopted by the General Conference of the International Labour Organization at its seventy-seventh session, held in Geneva and declared closed on 27 June 1990.
In the faith of their signatures, this twenty-seventh day of June 1990.
The President of the Conference,
JORGE TRIACA
Director General of the International Labour Office,
MICHEL HANSENNE
List of related States
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