Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes the information contained in the Government’s report and the attached documentation.

Article 2, paragraph 1, of the Convention. Further to its previous comment, the Committee notes the adoption of the Act of 14 December 2000 regulating certain aspects of working time in the public sector, in particular the provisions of Chapter IV which lay down protective standards for employees performing night work, especially as regards safety and health and maternity protection.

Article 4. The Committee takes note of the adoption of the Royal Decree of 28 May 2003 on workers’ health control, section 5(1) of which provides for the regular medical examination of workers upon their request. It also notes sections 90 and 91(3) of the Royal Decree which concern the confidential character of the worker’s health record.

Article 6, paragraph 2. The Committee notes the Government’s explanations concerning the protective regime applicable to workers who are medically certified unfit for night work under the Collective Agreement (CCT) No. 46 of 23 March 1990. It notes, in particular, that workers who are unable to perform night work on medical grounds and whose transfer to a suitable day work position has not been possible, are entitled to the same unemployment benefits as those workers who are generally unfit for work. In addition, workers above 50 years of age who have performed night work for at least 20 years are entitled to receive a supplementary monthly compensation payable by the employer for a period not exceeding five years. The Committee would appreciate receiving additional information on the application of these provisions in practice, including the granting, if any, of other social security benefits such as sickness or disability benefits to workers whose transfer from night work is not practicable.

Article 7, paragraphs 2 and 3(b). The Committee notes that according to the information provided by the Government, a pregnant worker or nursing mother whose contract has been temporarily suspended on maternity grounds is entitled to a compensation equal to 60 per cent of her wages payable by the health insurance. Similarly, women workers who suffer some income loss following their temporary transfer to a day work position may also receive a compensation from the health insurance. The Committee would be interested in having the Government’s views as to whether an allowance equal to 60 per cent of the woman worker’s previous remuneration may be deemed sufficient for the upkeep of herself and her child in accordance with a suitable standard of living, as required under this Article of the Convention.

Part V of the report form. The Committee notes the statistical information regarding the labour inspection results for the period 1998-2003 as well as the percentage of male and female workers who have been engaged in night work, on a full-time or part-time basis, during the period 1999-2001. The Committee would be grateful if the Government could continue providing up-to-date and detailed information regarding the application of the Convention in practice, including for instance, extracts from inspection reports, copies of official studies on the extent and effects of night working in general, the approximate number of workers covered by relevant legislation as well as any difficulties encountered in the application or enforcement of the Convention.