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

Night Work Convention, 1990 (No. 171) - Belgium (Ratification: 1997)

Article 6, paragraph 2, of the Convention. Persons medically unfit for night work. Further to its previous comment on this point, the Committee once again requests the Government to clarify whether persons who are medically certified unfit for night work and whose transfer to a day work position is not practicable, are entitled apart from the unemployment insurance coverage, to other social security benefits such as for instance sickness or disability benefits. The Committee recalls, in this respect, that the Convention does not require specific benefits on condition that the principle of equality of treatment with day workers is respected.

Article 7, paragraph 3(b). Maintenance of income of women workers. The Committee notes the Government’s explanations concerning the compensation provided for in section 219bis of the Royal Decree of 3 July 1996 for pregnant workers or nursing mothers whose contract has been temporarily suspended on maternity grounds. It also notes that in the Government’s view a compensation rate equal to 60 per cent of the woman’s previous remuneration appears sufficient. In this connection, the Committee considers that in line with the letter and the spirit of this provision of the Convention, which calls for measures to ensure that the income of the woman worker is maintained at a level sufficient for the upkeep of herself and her child in accordance with a suitable standard of living, any cash allowance provided during the period of compulsory protection should not be inferior to that provided for in Article 4(6) of the Maternity Protection Convention (Revised), 1952 (No. 103), that is to say not less than two-thirds of the woman’s previous earnings. The Committee therefore requests the Government to consider reviewing the relevant provisions with a view to bringing them into closer conformity with the requirements of the Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information concerning labour inspection results for the period 2006–08. The Committee would be grateful if the Government would continue providing up to date information regarding the application of the Convention in practice, including, for instance, extracts from labour inspection reports, copies of official studies on the extent and effects of night working in general, the approximate number of workers covered by the relevant legislation (if possible broken down by gender or age), copies of collective agreements containing clauses on night work, etc.