Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee has noted with interest the Government’s first reports. It would be grateful to the Government for providing additional information on the following points.

Article 2 of the Convention. The Committee notes that the Government is in the process of finalizing new protective laws concerning night work in the public sector. It requests the Government to report on any progress made in this regard and to provide a copy of the new legislation as soon as it is adopted.

Article 4. The Committee notes the Government’s statement to the effect that the provisions of the Convention regarding the medical examination of night workers have not so far been transposed to the national legislation but that a draft to this effect is now under preparation. It therefore requests the Government to supply information in its next report on any progress achieved in this respect.

Article 6(2). The Committee notes that there seem to exist no provisions in the national legislation regulating the case of night workers who are certified as unfit for night work and whose transfer to a similar job for which they are fit is impracticable. The Committee asks the Government to provide further information on the application of the Convention in this respect.

Article 7(2) and (3)(b). While noting section 40 of the Labour Act of 16 March 1971, as amended by the Act of 17 February 1997 on Night Work, and section 10 of the Collective Agreement No. 46 of 23 March 1990, as amended, the Committee requests the Government to specify the measures taken or contemplated to ensure that pregnant women and nursing mothers are adequately protected, especially in terms of income maintenance, while they are transferred, suspended, or otherwise removed from their regular night work positions.

Part V of the report form. The Committee notes the statistical information provided by the Government in its report regarding the labour inspection results for the period 2000-01. It requests the Government to continue to supply general information on the manner in which the Convention is applied in practice, including for instance, extracts from inspection reports, details on the categories of workers concerned, and any available statistics on the number of male and female workers employed at night.