230/1998 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the 26 July. June 1990 was in
Geneva on 77. meeting of the General Conference of the international organization
work taken on night work Convention, 1990 (No. 171).
With the Convention gave its assent, Parliament of the Czech Republic. The President of the
the Republic has ratified the Convention.
The ratification of the night work Convention, 1990, the Czech Republic has been written
Director General of the International Labour Office on 6. August 1996.
Convention entered into force pursuant to article 13(2). 2 day 4.
January 1995 and for the Czech Republic entered into force in accordance with the
the wording of paragraph 3 of the same article on the day 6. August 22, 1997.
Czech translation of the Convention shall be published at the same time. To the English and
the French text of the Convention, which are decisive for its interpretation, can be
take a peek at the Ministry of Foreign Affairs and the Ministry of labour and
Social Affairs.
Convention 171
CONVENTION
concerning night work, 1990
The General Conference of the International Labour Organization, convened in Geneva
The Administrative Council of the International Labour Office, and there met on 6. June
1990 on his 77. the meeting,
Bearing in mind the provisions of international labour conventions and recommendations
on night work of children and adolescents, and in particular the provisions of the persons of the Convention and
Recommendations on night work of juvenile persons (non-industrial occupations),
1946 Convention on night work of juvenile persons (industry) (revised)
1948, and recommendations on night work of children and adolescents people (agriculture),
1921, and
Bearing in mind the provisions of international labour conventions and recommendations
on night work of women and in particular the provisions of the Convention on night work (women)
(revised), 1948, and the Protocol of 1990 to the recommendation on the night
the work of women (agriculture), 1921, and paragraph 5 of the Recommendation on the protection of
motherhood, 1952, and
Bearing in mind the provisions of the Convention on discrimination (employment and
occupation), 1958, and
Bearing in mind the provisions of the maternity protection Convention (revised),
1952, and
rozhodnuvši will accept some proposals relating to night work, which
they are the fourth point of the agenda of the session, and
stanovivši, that these proposals will take the form of an International Convention,
accepts on the twenty-sixth of June of the year one thousand nine hundred and ninety
This Convention, which may be referred to as the Convention on night work, 1990:
Article 1
For the purposes of this Convention:
(a) the term "night work" means any work that is performed after
a period of not less than seven consecutive hours comprising the interval between
midnight and 5 a.m. and which will be determined by the competent authority, after
consultation with the most representative organisations of employers and
workers or by collective agreements;
(b) the term "night worker" means an employed person whose work
required to be exercised in the course of a significant number of hours of night
work that exceeds the established limit. This limit will be determined
by the competent authority, after consultation with the most representative organizations
employers and workers or by collective agreements.
Article 2
1. this Convention applies to all employed persons, except for those
persons who are employed in agriculture, cattle breeding, fishing,
in maritime transport, or on domestic voyages.
2. Member, ^ 1) which ratifies this Convention may, after consultation with the
the representative organisations of employers and workers concerned
exclude from its scope limited categories of wholly or partly in
workers, if their implementation of the Convention has raised special problems
the essential nature.
3. each Member which avails itself of the possibilities provided for in paragraph 2 of this
Article, shall specify, in its reports on the implementation of the Convention under article 22 of
The Constitution of the International Labour Organisation any categories of workers as follows
the excluded and the reasons for that were excluded. Also indicate all
the measures taken by the gradual extension of the provisions of the Convention on the
workers.
Article 3
1. in favor of night workers, special measures shall be taken
required by the nature of night work, which will include as a minimum
the measures referred to in articles 4 to 10, in order to protect the health of
night workers, to assist them in fulfilling their family and
social responsibilities, provide opportunities for the development and
advance in employment and reasonably compensates them. These measures will be
also taken in the area of safety at work, and the maternity protection for
all who perform night work.
2. the measures referred to in paragraph 1 above, may be carried out sequentially.
Article 4
1. At their request, the staff will have the right to submit to the free
medical examination and receive advice about how to avoid health
problems associated with their work or how to reduce these problems:
(a) before being included as a night worker;
(b) at regular intervals during this enlistment;
(c) if the pinch during such inclusion of health issues
are not caused by other factors than the performance of night work.
2. With the exception of the finding of incapacity to night work,
the contents of the award of such examination without the consent of workers will not be passed to the
to anyone else and will not be used against them.
Article 5
Workers engaged in night work will be available to appropriate
first aid equipment including measures to allow for, if necessary,
quick pickup of such workers to a place where they can be
given appropriate treatment.
Article 6
1. Night workers, who are renowned for medical reasons
unfit for night work shall be transferred, whenever
feasible, on similar work for which you are eligible.
2. If the transfer to that kind of work is not feasible, the following
workers provided the same benefits as other workers who
they are unable to work or employment.
3. Night worker who is certified as temporarily unfit for
night work shall be given the same protection against dismissal and against
testimony as to the other workers, which prevents you from work for health reasons.
Article 7
1. Measures will be taken to ensure that women workers, which would
otherwise have been invited to work in the night, was given the option other than the night
work:
(a) for a period of at least 16 weeks before and after the birth of the child, of which
It will be at least 8 weeks before the expected birth of a child;
(b) in the course of the next period on the basis of the submitted medical
confirmation, according to which it is necessary for reasons of the health of the mother or child:
(i) at the time of pregnancy;
(ii) during a certain period of time following the period after the birth of a child,
as provided for in accordance with subparagraph (a) above, the length of which 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 1 of this article may include
converting to daily work, if possible, the provision of benefits
social security or extension of maternity leave.
3. During the period referred to in paragraph 1 of this article:
(a) the worker shall not be dismissed or given notice of termination shall not be other than
for legitimate reasons, unrelated to the pregnancy or the birth
of the child;
(b) the receiving officer will be maintained at a level sufficient to maintain
a reasonable standard of living for her and for her child. The preservation of such
income may be provided by any of the measures referred to in paragraph 2
This article, other appropriate measures or a combination of these
measures,
(c) the worker must not lose the advantages arising from its position,
rank and career opportunities in employment,
that may be associated with the work place when the night work, which
normally takes.
4. the provisions of this article shall not have the effect of reducing the protection and
benefits connected with maternity leave.
Article 8
Compensation for night workers provided by the length of working time,
pay or a similar benefit will recognize the nature of night work.
Article 9
Night workers and, if necessary, and workers who
they perform night work are provided with appropriate social services.
Article 10
1. Before the introduction of the work schedule that requires a work night
workers, the employer shall consult with representatives of the workers concerned
the details of such a schedule and forms of organisation of night work that are
best adapted to the company and its staff, as well as the measures
required in terms of occupational safety and health and social
services. In enterprises, which employ night workers, they are
consultations take place on a regular basis.
2. for the purposes of this article, the term "workers representatives" means persons,
that are recognised as such under national legislation or
the practice, in accordance with the workers ' representatives Convention, 1971.
Article 11
1. the provisions of this Convention may be implemented by legislation,
collective agreements, arbitration or court decisions, statements
a combination of these methods or by any other means the corresponding
national conditions and practice. If they are not filled in other ways,
provisions of the Convention will be implemented by laws or other legislation.
2. where the provisions of this Convention are implemented by laws or in other
the legislation, they will be preliminarily discussed with
the most representative organisations of employers and workers.
Article 12
The formal ratifications of this Convention shall be communicated to the Director-
The International Labour Office for registration.
Article 13
1. this Convention undertakes to only those members of the International Labour Organization,
whose ratification has been registered by the Director General.
2. the Convention shall enter into force twelve months after the date the Director-General
registers the ratifications of two members.
3. thereafter, this Convention shall enter into force for each additional Member
twelve months from the date on which its ratification is registered.
Article 14
1. each Member which has ratified this Convention may denounce it after the
the expiry of ten years from the date of entry into force for the first time, the Act
forwarded to the Director-General of the International Labour Office that it
registers. Such denunciation shall take effect one year from the date of the
registered.
2. each Member which has ratified this Convention and which is within one
the year after the expiry of the 10-year period referred to in the preceding paragraph
does not make use of the right of dismissal provided for in this article, will be bound to the
a further period of ten years, and then will be able to denounce the Convention after
the end of each 10-year period, under the conditions laid down in this
article.
Article 15
1. the Director General of the International Labour Office shall notify all members of the
The international labour organisation of the registration of all ratifications and denunciations
communicated to the members of the organization.
2. When notifying the members of the Organization of the registration of the second ratification,
It shall be communicated to the Director-General will notify the members of the organisation
the date on which this Convention enters into force.
Article 16
In accordance with article 102 of the Charter of the United Nations shall notify the Director-General
The International Labour Office to the Secretary-General of the United Nations to
full details of the registration of all ratifications and denunciations that acts
registered in accordance with the provisions of the preceding articles.
Article 17
Whenever the Administrative Council of the International Labour Office can be considered as
necessary, shall submit to the General Conference a report on the implementation of this Convention, and
consider if it is desirable to include on the agenda of the Conference the question of its full
or partial revision.
Article 18
1. If the Conference adopt a new Convention, which wholly or partly
revising this Convention, then, unless the new Convention provides otherwise,
(a) the ratification by a member of the new revising Convention shall ipso jure mean
immediate denunciation of this Convention, notwithstanding the provisions of the above
Article 14, with the proviso that the new revising Convention enters into force;
(b) from the date when the new revising Convention comes into force, to stop
This Convention shall be open to ratification by the members.
2. this Convention shall remain in force, however, both in form and content for those
Members who have ratified the revising Convention, but neratifikovali.
Article 19
The English and French texts of this Convention are equally authentic.
The text that precedes, is an authentic text of the Convention duly adopted by the
The General Conference of the International Labour Organization during its
sedmdesátého sed-my sessions, held in Geneva, and was
It has been declared closed on 27. June 1990.
In witness whereof we have connected our signatures this twenty-seventh day of June 1990:
The President of the Conference:
Jorge Triaca in r.
Director General of the International Labour Office:
Michel Hansenne in r.
1) Member State of the International Labour Organisation.
