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C89 Night Work (Women) Convention (Revised), 1948 Article 2

Convention concerning Night Work of Women Employed in For the purpose of this Convention the term night signifies a
Industry (Revised 1948) (Note: Date of coming into force: period of at least eleven consecutive hours, including an
27:02:1951.) interval prescribed by the competent authority of at least
Convention:C089 seven consecutive hours falling between ten o'clock in the
Place:(San Francisco) evening and seven o'clock in the morning; the competent
Session of the Conference:31 authority may prescribe different intervals for different areas,
Date of adoption:09:07:1948 industries, undertakings or branches of industries or
Subject classification: Night Work undertakings, but shall consult the employers' and workers'
Subject: Working Time organisations concerned before prescribing an interval
See the ratifications for this Convention beginning after eleven o'clock in the evening.

Display the document in: French Spanish
Article 3
Status: Other instrument

Women without distinction of age shall not be employed
The General Conference of the International Labour
during the night in any public or private industrial
Organisation,
undertaking, or in any branch thereof, other than an
undertaking in which only members of the same family are
Having been convened at San Francisco by the Governing employed.
Body of the International Labour Office, and having met in its
Thirty-first Session on 17 June 1948, and
Article 4

Having decided upon the adoption of certain proposals with
Article 3 shall not apply:
regard to the partial revision of the Night Work (Women)
Convention, 1919, adopted by the Conference at its First
Session, and the Night Work (Women) Convention (Revised), (a) in cases of force majeure, when in any undertaking there
1934, adopted by the Conference at its Eighteenth Session, occurs an interruption of work which it was impossible to
which is the ninth item on the agenda of the session, and foresee, and which is not of a recurring character;

Considering that these proposals must take the form of an (b) in cases where the work has to do with raw materials or
international Convention. materials in course of treatment which are subject to rapid
deterioration when such night work is necessary to preserve
the said materials from certain loss.
adopts this ninth day of July of the year one thousand nine
hundred and forty-eight the following Convention, which may
be cited as the Night Work (Women) Convention (Revised), Article 5
1948:
1. The prohibition of night work for women may be suspended
PART I. GENERAL PROVISIONS by the government, after consultation with the employers' and
workers' organisations concerned, when in case of serious
emergency the national interest demands it.
Article 1

2. Such suspension shall be notified by the government
1. For the purpose of this Convention, the term industrial
concerned to the Director-General of the International Labour
undertakings includes particularly:
Office in its annual report on the application of the
Convention.
(a) mines, quarries, and other works for the extraction of
minerals from the earth;
Article 6

(b) undertakings in which articles are manufactured, altered,
In industrial undertakings which are influenced by the seasons
cleaned, repaired, ornamented, finished, adapted for sale,
and in all cases where exceptional circumstances demand it,
broken up or demolished, or in which materials are
the night period may be reduced to ten hours on sixty days of
transformed, including undertakings engaged in ship-building
the year.
or in the generation, transformation or transmission of
electricity or motive power of any kind;
Article 7
(c) undertakings engaged in building and civil engineering
work, including constructional, repair, maintenance, alteration In countries where the climate renders work by day
and demolition work. particularly trying, the night period may be shorter than that
prescribed in the above articles if compensatory rest is
accorded during the day.
2. The competent authority shall define the line of division
which separates industry from agriculture, commerce and
other non-industrial occupations. Article 8
This Convention does not apply to: months from the closing of the session of the Conference, be
submitted by the Member or Members to which it applies to
the authority or authorities within whose competence the
(a) women holding responsible positions of a managerial or
matter lies, for the enactment of legislation or other action.
technical character; and

3. Each such Member will, if it obtains the consent of the
(b) women employed in health and welfare services who are
authority or authorities within whose competence the matter
not ordinarily engaged in manual work.
lies, communicate the formal ratification of the amendment to
the Director-General of the International Labour Office for
PART II. SPECIAL PROVISIONS FOR CERTAIN COUNTRIES registration.

Article 9 4. Any such draft amendment shall take effect as an
amendment to this Convention on ratification by the Member
or Members to which it applies.
In those countries where no government regulation as yet
applies to the employment of women in industrial
undertakings during the night, the term night may PART III. FINAL PROVISIONS
provisionally, and for a maximum period of three years, be
declared by the government to signify a period of only ten
Article 13
hours, including an interval prescribed by the competent
authority of at least seven consecutive hours falling between
ten o'clock in the evening and seven o'clock in the morning. The formal ratifications of this Convention shall be
communicated to the Director-General of the International
Labour Office for registration.
Articles 10

Article 14
1. The provisions of this Convention shall apply to India
subject to the modifications set forth in this Article.
1. This Convention shall be binding only upon those Members
of the International Labour Organisation whose ratifications
2. The said provisions shall apply to all territories in respect of
have been registered with the Director-General.
which the Indian legislature has jurisdiction to apply them.

2. It shall come into force twelve months after the date on
3. The term industrial undertaking shall include:
which the ratifications of two Members have been registered
with the Director-General.
a) factories as defined in the Indian Factories Act; and
3. Thereafter, this Convention shall come into force for any
b) mines to which the Indian Mines Act applies. Member twelve months after the date on which its
ratifications has been registered.
Article 11
Article 15
1. The provisions of this Convention shall apply to Pakistan
subject to the modifications set forth in this Article. 1. A Member which has ratified this Convention may denounce
it after the expiration of ten years from the date on which the
Convention first comes into force, by an act communicated to
2. The said provisions shall apply to all territories in respect of
the Director-General of the International Labour Office for
which the Pakistan legislature has jurisdiction to apply them.
registration. Such denunciation shall not take effect until one
year after the date on which it is registered.
3. The term industrial undertaking shall include:
2. Each Member which has ratified this Convention and which
a) factories as defined in the Factories Act; does not, within the year following the expiration of the period
of ten years mentioned in the preceding paragraph, exercise
the right of denunciation provided for in this Article, will be
b) mines to which the Mines Act applies.
bound for another period of ten years and, thereafter, may
denounce this Convention at the expiration of each period of
Article 12 ten years under the terms provided for in this Article.

1. The International Labour Conference may, at any session at Article 16
which the matter is included in its agenda, adopt by a two-
thirds majority draft amendments to any one or more of the
1. The Director-General of the International Labour Office shall
preceding articles of Part II of this Convention.
notify all Members of the International Labour Organisation of
the registration of all ratifications and denunciations
2. Any such draft amendment shall state the Member or communicated to him by the Members of the Organisation.
Members to which it applies, and shall, within the period of
one year, or, in exceptional circumstances, of eighteen
2. When notifying the Members of the Organisation of the The General Conference of the International Labour
registration of the second ratification communicated to him, Organisation,
the Director-General shall draw the attention of the Members
of the Organisation to the date upon which the Convention will
Having been convened at Geneva by the Governing Body of
come into force.
the International Labour Office, and having met in its 77th
Session on 6 June 1990, and
Article 17
Noting the provisions of international labour Conventions and
The Director-General of the International Labour Office shall Recommendations on the night work of children and young
communicate to the Secretary-General of the United Nations persons, and specifically the provisions in the Night Work of
for registration in accordance with Article 102 of the Charter Young Persons (Non-Industrial Occupations) Convention and
of the United Nations full particulars of all ratifications and Recommendation, 1946, the Night Work of Young Persons
acts of denunciation registered by him in accordance with the (Industry) Convention (Revised), 1948, and the Night Work of
provisions of the preceding articles. Children and Young Persons (Agriculture) Recommendation,
1921, and
Article 18
Noting the provisions of international labour Conventions and
Recommendations on night work of women, and specifically
At such times as it may consider necessary the Governing
the provisions in the Night Work (Women) Convention
Body of the International Labour Office shall present to the
(Revised), 1948, and the Protocol of 1990 thereto, the Night
General Conference a report on the working of this Convention
Work of Women (Agriculture) Recommendation, 1921, and
and shall examine the desirability of placing on the agenda of
Paragraph 5 of the Maternity Protection Recommendation,
the Conference the question of its revision in whole or in part.
1952, and

Article 19
Noting the provisions of the Discrimination (Employment and
Occupation) Convention, 1958, and
1. Should the Conference adopt a new Convention revising
this Convention in whole or in part, then, unless the new
Noting the provisions of the Maternity Protection Convention
Convention otherwise provides:
(Revised), 1952, and

a) the ratification by a Member of the new revising Convention
Having decided upon the adoption of certain proposals with
shall ipso jure involve the immediate denunciation of this
regard to night work, which is the fourth item on the agenda
Convention, notwithstanding the provisions of Article 15
of the session, and
above, if and when the new revising Convention shall have
come into force;
Having determined that these proposals shall take the form of
an international Convention,
b) as from the date when the new revising Convention comes
into force this Convention shall cease to be open to ratification
by the Members. adopts this twenty-sixth day of June of the year one thousand
nine hundred and ninety the following Convention, which may
be cited as the Night Work Convention, 1990:
2. This Convention shall in any case remain in force in its
actual form and content for those Members which have
ratified it but have not ratified the revising Convention. Article 1

Article 20 For the purposes of this Convention:

The English and French versions of the text of this Convention (a) the term night work means all work which is performed
are equally authoritative. during a period of not less than seven consecutive hours,
including the interval from midnight to 5 a.m., to be
determined by the competent authority after consulting the
C171 Night Work Convention, 1990
most representative organisations of employers and workers
or by collective agreements;
Convention concerning Night Work (Note: Date of coming into
force: 04:01:1995.)
(b) the term night worker means an employed person whose
Convention:C171
work requires performance of a substantial number of hours of
Place:Geneva
night work which exceeds a specified limit. This limit shall be
Session of the Conference:77
fixed by the competent authority after consulting the most
Date of adoption:26:06:1990
representative organisations of employers and workers or by
Subject classification: Night Work
collective agreements.
Subject: Working Time
See the ratifications for this Convention
Article 2
Display the document in: French Spanish
Status: Up-to-date instrument This Convention was adopted
after 1985 and is considered up to date.
1. This Convention applies to all employed persons except 1. Night workers certified, for reasons of health, as unfit for
those employed in agriculture, stock raising, fishing, maritime night work shall be transferred, whenever practicable, to a
transport and inland navigation. similar job for which they are fit.

2. A Member which ratifies this Convention may, after 2. If transfer to such a job is not practicable, these workers
consulting the representative organisations of employers and shall be granted the same benefits as other workers who are
workers concerned, exclude wholly or partly from its scope unable to work or to secure employment.
limited categories of workers when the application of the
Convention to them would raise special problems of a
3. A night worker certified as temporarily unfit for night work
substantial nature.
shall be given the same protection against dismissal or notice
of dismissal as other workers who are prevented from working
3. Each Member which avails itself of the possibility afforded for reasons of health.
in paragraph 2 of this Article shall, in its reports on the
application of the Convention under article 22 of the
Article 7
Constitution of the International Labour Organisation, indicate
the particular categories of workers thus excluded and the
reasons for their exclusion. It shall also describe all measures 1. Measures shall be taken to ensure that an alternative to
taken with a view to progressively extending the provisions of night work is available to women workers who would
the Convention to the workers concerned. otherwise be called upon to perform such work:

Article 3 (a) before and after childbirth, for a period of at least sixteen
weeks of which at least eight weeks shall be before the
expected date of childbirth;
1. Specific measures required by the nature of night work,
which shall include, as a minimum, those referred to in
Articles 4 to 10, shall be taken for night workers in order to (b) for additional periods in respect of which a medical
protect their health, assist them to meet their family and certificate is produced stating that it is necessary for the
social responsibilities, provide opportunities for occupational health of the mother or child:
advancement, and compensate them appropriately. Such
measures shall also be taken in the fields of safety and
(i) during pregnancy;
maternity protection for all workers performing night work.

(ii) during a specified time beyond the period after childbirth
2. The measures referred to in paragraph 1 above may be
fixed pursuant to subparagraph (a) above, the length of which
applied progressively.
shall be determined by the competent authority after
consulting the most representative organisations of employers
Article 4 and workers.

1. At their request, workers shall have the right to undergo a 2. The measures referred to in paragraph 1 of this Article may
health assessment without charge and to receive advice on include transfer to day work where this is possible, the
how to reduce or avoid health problems associated with their provision of social security benefits or an extension of
work: maternity leave.

(a) before taking up an assignment as a night worker; 3. During the periods referred to in paragraph 1 of this Article:

(b) at regular intervals during such an assignment; (a) a woman worker shall not be dismissed or given notice of
dismissal, except for justifiable reasons not connected with
pregnancy or childbirth;
(c) if they experience health problems during such an
assignment which are not caused by factors other than the
performance of night work. (b) the income of the woman worker shall be maintained at a
level sufficient for the upkeep of herself and her child in
accordance with a suitable standard of living. This income
2. With the exception of a finding of unfitness for night work,
maintenance may be ensured by any of the measures listed in
the findings of such assessments shall not be transmitted to
paragraph 2 of this Article, by other appropriate measures or
others without the workers' consent and shall not be used to
by a combination of these measures;
their detriment.

(c) a woman worker shall not lose the benefits regarding
Article 5
status, seniority and access to promotion which may attach to
her regular night work position.
Suitable first-aid facilities shall be made available for workers
performing night work, including arrangements whereby such
4. The provisions of this Article shall not have the effect of
workers, where necessary, can be taken quickly to a place
reducing the protection and benefits connected with maternity
where appropriate treatment can be provided.
leave.

Article 6
Article 8
Compensation for night workers in the form of working time, 1. A Member which has ratified this Convention may denounce
pay or similar benefits shall recognise the nature of night it after the expiration of ten years from the date on which the
work. Convention first comes into force, by an act communicated to
the Director-General of the International Labour Office for
registration. Such denunciation shall not take effect until one
Article 9
year after the date on which it is registered.

Appropriate social services shall be provided for night workers
2. Each Member which has ratified this Convention and which
and, where necessary, for workers performing night work.
does not, within the year following the expiration of the period
of ten years mentioned in the preceding paragraph, exercise
Article 10 the right of denunciation provided for in this Article, will be
bound for another period of ten years and, thereafter, may
denounce this Convention at the expiration of each period of
1. Before introducing work schedules requiring the services of
ten years under the terms provided for in this Article.
night workers, the employer shall consult the workers'
representatives concerned on the details of such schedules
and the forms of organisation of night work that are best Article 15
adapted to the establishment and its personnel as well as on
the occupational health measures and social services which
1. The Director-General of the International Labour Office shall
are required. In establishments employing night workers this
notify all Members of the International Labour Organisation of
consultation shall take place regularly.
the registration of all ratifications and denunciations
communicated to him by the Members of the Organisation.
2. For the purposes of this Article the workers'
representatives means persons who are recognised as such
2. When notifying the Members of the Organisation of the
by national law or practice, in accordance with the Workers'
registration of the second ratification communicated to him,
Representatives Convention, 1971.
the Director-General shall draw the attention of the Members
of the Organisation to the date upon which the Convention will
Article 11 come into force.

1. The provisions of this Convention may be implemented by Article 16
laws or regulations, collective agreements, arbitration awards
or court decisions, a combination of these means or in any
The Director-General of the International Labour Office shall
other manner appropriate to national conditions and practice.
communicate to the Secretary-General of the United Nations
In so far as they have not been given effect by other means,
for registration in accordance with Article 102 of the Charter
they shall be implemented by laws or regulations.
of the United Nations full particulars of all ratifications and
acts of denunciation registered by him in accordance with the
2. Where the provisions of this Convention are implemented provisions of the preceding Articles.
by laws or regulations, there shall be prior consultation with
the most representative organisations of employers and
Article 17
workers.

At such times as it may consider necessary, the Governing
Article 12
Body of the International Labour Office shall present to the
General Conference a report on the working of this Convention
The formal ratifications of this Convention shall be and shall examine the desirability of placing on the agenda of
communicated to the Director-General of the International the Conference the question of its revision in whole or in part.
Labour Office for registration.
Article 18
Article 13
1. Should the Conference adopt a new Convention revising
1. This Convention shall be binding only upon those Members this Convention in whole or in part, then, unless the new
of the International Labour Organisation whose ratifications Convention otherwise provides:
have been registered with the Director-General.
(a) the ratification by a Member of the new revising
2. It shall come into force twelve months after the date on Convention shall ipso jure involve the immediate denunciation
which the ratifications of two Members have been registered of this Convention, notwithstanding the provisions of Article
with the Director-General. 14 above, if and when the new revising Convention shall have
come into force;
3. Thereafter, this Convention shall come into force for any
Member twelve months after the date on which its ratification (b) as from the date when the new revising Convention comes
has been registered. into force this Convention shall cease to be open to ratification
by the Members.
Article 14
2. This Convention shall in any case remain in force in its 3. The competent authority shall define the line of division
actual form and content for those Members which have which separates non-industrial occupations from industrial,
ratified it but have not ratified the revising Convention. agricultural and maritime occupations.

Article 19 4. National laws or regulations may exempt from the
application of this Convention--
The English and French versions of the text of this Convention
are equally authoritative. (a) domestic service in private households; and

C79 Night Work of Young Persons (Non-Industrial (b) employment, on work which is not deemed to be harmful,
Occupations) Convention, 1946 prejudicial, or dangerous to children or young persons, in
family undertakings in which only parents and their children or
wards are employed.
Convention concerning the Restriction of Night Work of
Children and Young Persons in Non-Industrial Occupations
(Note: Date of coming into force: 29:12:1950.) Article 2
Convention:C079
Place:Montreal
1. Children under fourteen years of age who are admissible for
Session of the Conference:29
full-time or part-time employment and children over fourteen
Date of adoption:09:10:1946
years of age who are still subject to full-time compulsory
Subject classification: Night Work
school attendance shall not be employed nor work at night
Subject: Elimination of Child Labour and Protection of
during a period of at least fourteen consecutive hours,
Children and Young Persons
including the interval between eight o'clock in the evening
See the ratifications for this Convention
and eight o'clock in the morning.
Display the document in: French Spanish
Status: Instrument to be revised 2. Provided that national laws or regulations may, where local
conditions so require, substitute another interval of twelve
hours of which the beginning shall not be fixed later than
The General Conference of the International Labour
eight thirty o'clock in the evening nor the termination earlier
Organisation,
than six o'clock in the morning.

Having been convened at Montreal by the Governing Body of
Article 3
the International Labour Office and having met in its Twenty-
ninth Session on 19 September 1946, and
1. Children over fourteen years of age who are no longer
subject to full-time compulsory school attendance and young
Having decided upon the adoption of certain proposals with
persons under eighteen years of age shall not be employed
regard to the restriction of night work of children and young
nor work at night during a period of at least twelve
persons in non-industrial occupations, which is included in the
consecutive hours, including the interval between ten o'clock
third item on the agenda of the Session, and
in the evening and six o'clock in the morning.

Having determined that these proposals shall take the form of
2. Provided that, where there are exceptional circumstances
an international Convention,
affecting a particular branch of activity or a particular area,
the competent authority may, after consultation with the
adopts this ninth day of October of the year one thousand employers' and workers' organisations concerned, decide that
nine hundred and forty-six the following Convention, which in the case of children and young persons employed in that
may be cited as the Night Work of Young Persons (Non- branch of activity or area, the interval between eleven o'clock
Industrial Occupations) Convention, 1946: in the evening and seven o'clock in the morning may be
substituted for that between ten o'clock in the evening and six
o'clock in the morning.
PART I. GENERAL PROVISIONS

Article 4
Article 1

1. In countries where the climate renders work by day
1. This Convention applies to children and young persons
particularly trying, the night period may be shorter than that
employed for wages, or working directly or indirectly for gain,
prescribed in the above articles if compensatory rest is
in non-industrial occupations.
accorded during the day.

2. For the purpose of this Convention, the term non-
2. The prohibition of night work may be suspended by the
industrial occupation includes all occupations other than
Government for young persons of sixteen years of age and
those recognised by the competent authority as industrial,
over when in case of serious emergency the national interest
agricultural or maritime occupations.
demands it.

3. National laws or regulations may empower an appropriate
authority to grant temporary individual licences in order to
enable young persons of sixteen years of age and over to 2. There shall be included in the annual reports to be
work at night when the special needs of vocational training so submitted under Article 22 of the Constitution of the
require, subject to the period of rest being not less than International Labour Organisation full information concerning
eleven consecutive hours in every period of twenty-four hours. all laws and regulations by which effect is given to the
provisions of this Convention and, more particularly,
concerning--
Article 5

(a) any interval which may be substituted for the interval
1. National laws or regulations may empower an appropriate
prescribed in paragraph 1 of Article 2 in virtue of the
authority to grant individual licences in order to enable
provisions of paragraph 2 of that Article;
children or young persons under the age of eighteen years to
appear at night as performers in public entertainments or to
participate at night as performers in the making of (b) the extent to which advantage is taken of the provisions of
cinematographic films. paragraph 2 of Article 3;

2. The minimum age at which such a licence may be granted (c) the authorities empowered to grant individual licences in
shall be prescribed by national laws or regulations. virtue of the provisions of paragraph 1 of Article 5 and the
minimum age prescribed for the granting of licences in
accordance with the provisions of paragraph 2 of the said
3. No such licence may be granted when, because of the
Article.
nature of the entertainment or the circumstances in which it is
carried on, or the nature of the cinematographic film or the
conditions under which it is made, participation in the PART II. SPECIAL PROVISIONS FOR CERTAIN COUNTRIES
entertainment or in the making of the film may be dangerous
to the life, health, or morals of the child or young person.
Article 7

4. The following conditions shall apply to the granting of
1. Any Member which, before the date of the adoption of the
licences:
laws or regulations permitting the ratification of this
Convention, had no laws or regulations restricting the night
(a) the period of employment shall not continue after work of children and young persons in non-industrial
midnight: occupations may, by a declaration accompanying its
ratification, substitute an age limit lower than eighteen years,
but in no case lower than sixteen years, for the age limit
(b) strict safeguards shall be prescribed to protect the health
prescribed in Article 3.
and morals, and to ensure kind treatment of, the child or
young person and to avoid interference with his education;
2. Any Member which has made such a declaration may at
any time cancel that declaration by a subsequent declaration.
(c) the child or young person shall be allowed a consecutive
rest period of at least fourteen hours.
3. Every Member for which a declaration made in virtue of
paragraph 1 of this Article is in force shall indicate each year
Article 6
in its annual report upon the application of this Convention the
extent to which any progress has been made with a view to
1. In order to ensure the due enforcement of the provisions of the full application of the provisions of the Convention.
this Convention, national laws or regulations shall--
Article 8
(a) provide for a system of public inspection and supervision
adequate for the particular needs of the various branches of
1. The provisions of Part I of this Convention shall apply to
activity to which the Convention applies;
India subject to the modifications set forth in the present
Article:
(b) require every employer to keep a register, or to keep
available official records, showing the names and dates of
(a) the said provisions shall apply to all territories in respect of
birth of all persons under eighteen years of age employed by
which the Indian Legislature has jurisdiction to apply them;
him and their hours of work; in the case of children and young
persons working in the streets or in places to which the public
have access, the register or records shall show the hours of (b) the competent authority may exempt from the application
service agreed upon in the contract of employment; of the Convention children and young persons employed in
undertakings employing less than twenty persons;
(c) provide suitable means for assuring identification and
supervision of persons under eighteen years of age engaged, (c) Article 2 of the Convention shall apply to children under
on account of an employer or on their own account, in twelve years of age who are admissible for full-time or part-
employment or occupations carried on in the streets or in time employment and to children over twelve years of age
places to which the public have access; who are subject to full-time compulsory school attendance;

(d) provide penalties applicable to employers or other (d) Article 3 of the Convention shall apply to children over
responsible adults for breaches of such laws or regulations. twelve years of age who are not subject to full-time
compulsory school attendance and to young persons under Article 12
fifteen years of age;
1. A Member which has ratified this Convention may denounce
(e) the exceptions permitted by paragraph 2 and 3 of Article 4 it after the expiration of ten years from the date on which the
shall apply to young persons of fourteen years of age and Convention first comes into force, by an act communicated to
over; the Director-General of the International Labour Office for
registration. Such denunciation shall not take effect until one
year after the date on which it is registered.
(f) Article 5 shall apply to children and young persons under
fifteen years of age.
2. Each Member which has ratified this Convention and which
does not, within the year following the expiration of the period
2. The provisions of paragraph 1 of this Article shall be subject
of ten years mentioned in the preceding paragraph, exercise
to amendment by the following procedure:
the right of denunciation provided for in this Article, will be
bound for another period of ten years and, thereafter, may
(a) the International Conference may, at any session at which denounce this Convention at the expiration of each period of
the matter is included in its agenda, adopt by a two-thirds ten years under the terms provided for in this Article.
majority draft amendments to paragraph 1 of this Article;
Article 13
(b) any such draft amendment shall, within the period of one
year, or, in exceptional circumstances, of eighteen momths,
1. The Director-General of the International Labour Office shall
from the closing of the session of the Conference, be
notify all Members of the International Labour Organisation of
submitted in India to the authority or authorities within whose
the registration of all ratifications and denunciations
competence the matter lies, for the enactment of legislation
communicated to him by the Members of the Organisation.
or other action;

2. When notifying the Members of the Organisation of the
(c) India will, if it obtains the consent of the authority or
registration of the second ratification communicated to him,
authorities within whose competence the matter lies,
the Director-General shall draw the attention of the Members
communicate the formal ratification of the amendment to the
of the Organisation to the date upon which the Convention will
Director-General of the International Labour Office for
come into force.
registration;

Article 14
(d) any such draft amendment shall take effect as an
amendment to this Convention on ratification by India.
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations
PART III. FINAL ARTICLES
for registration in accordance with Article 102 of the Charter
of the United Nations full particulars of all ratifications and
Article 9 acts of denunciation registered by him in accordance with the
provisions of the preceding Articles.
Nothing in this Convention shall affect any law, award, custom
or agreement between employers and workers which ensures Article 15
more favourable conditions than those provided by this
Convention.
At such times as it may consider necessary the Governing
Body of the International Labour Office shall present to the
Article 10 General Conference a report on the working of this Convention
and shall examine the desirability of placing on the agenda of
the Conference the question of its revision in whole or in part.
The formal ratifications of this Convention shall be
communicated to the Director-General of the International
Labour Office for registration. Article 16

Article 11 1. Should the Conference adopt a new Convention revising
this Convention in whole or in part, then, unless the new
Convention otherwise provides:
1. This Convention shall be binding only upon those Members
of the International Labour Organisation whose ratifications
have been registered with the Director-General. a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this
Convention, notwithstanding the provisions of Article 12
2. It shall come into force twelve months after the date on
above, if and when the new revising Convention shall have
which the ratifications of two Members have been registered
come into force;
with the Director-General.

b) as from the date when the new revising Convention comes
3. Thereafter, this Convention shall come into force for any
into force this Convention shall cease to be open to ratification
Member twelve months after the date on which its ratification
by the Members.
has been registered.
2. This Convention shall in any case remain in force in its or in the generation, transformation or transmission of
actual form and content for those Members which have electricity or motive power of any kind;
ratified it but have not ratified the revising Convention.
(c) undertakings engaged in building and civil engineering
Article 17 work, including constructional, repair, maintenance, alteration
and demolition work;
The English and French versions of the text of this Convention
are equally authoritative. (d) undertakings engaged in the transport of passengers or
goods by road or rail, including the handling of goods at
docks, quays, wharves, warehouses or airports.
C90 Night Work of Young Persons (Industry)
Convention (Revised), 1948
2. The competent authority shall define the line of division
which separates industry from agriculture, commerce and
Convention concerning the Night Work of Young Persons
other non-industrial occupations.
Employed in Industry (Revised 1948) (Note: Date of coming
into force: 12:06:1951.)
Convention:C090 3. National laws or regulations may exempt from the
Place:(San Francisco) application of this Convention employment on work which is
Session of the Conference:31 not deemed to be harmful, prejudicial, or dangerous to young
Date of adoption:10:07:1948 persons in family undertakings in which only parents and their
Subject classification: Night Work children or wards are employed.
Subject: Elimination of Child Labour and Protection of
Children and Young Persons
Article 2
See the ratifications for this Convention

Display the document in: French Spanish 1. For the purpose of this Convention the term night signifies
Status: Instrument to be revised a period of at least twelve consecutive hours.

The General Conference of the International Labour 2. In the case of young persons under sixteen years of age,
Organisation, this period shall include the interval between ten o'clock in
the evening and six o'clock in the morning.
Having been convened at San Francisco by the Governing
Body of the International Labour Office, and having met in its 3. In the case of young persons who have attained the age of
Thirty-first Session on 17 June 1948, and sixteen years but are under the age of eighteen years, this
period shall include an interval prescribed by the competent
authority of at least seven consecutive hours falling between
Having decided upon the adoption of certain proposals with
ten o'clock in the evening and seven o'clock in the morning;
regard to the partial revision of the Night Work of Young
the competent authority may prescribe different intervals for
Persons (Industry) Convention, 1919, adopted by the
different areas, industries, undertakings or branches of
Conference at its First Session, which is the tenth item on the
industries or undertakings, but shall consult the employers'
agenda of the session, and
and workers' organisations concerned before prescribing an
interval beginning after eleven o'clock in the evening.
Considering that these proposals must take the form of an
international Convention,
Article 3

adopts this tenth day of July of the year one thousand nine
1. Young persons under eighteen years of age shall not be
hundred and forty-eight the following Convention, which may
employed or work during the night in any public or private
be cited as the Night Work of Young Persons (Industry)
industrial undertaking or in any branch thereof except as
Convention (Revised), 1948:
hereinafter provided for.

PART I. GENERAL PROVISIONS
2. For purposes of apprenticeship or vocational training in
specified industries or occupations which are required to be
Article 1 carried on continuously, the competent authority may, after
consultation with the employers' and workers' organisations
concerned, authorise the employment in night work of young
1. For the purpose of this Convention, the term industrial
persons who have attained the age of sixteen years but are
undertaking includes particularly:
under the age of eighteen years.

(a) mines, quarries, and other works for the extraction of
3. Young persons employed in night work in virtue of the
minerals from the earth;
preceding paragraph shall be granted a rest period of at least
thirteen consecutive hours between two working periods.
(b) undertakings in which articles are manufactured, altered,
cleaned, repaired, ornamented, finished, adapted for sale,
4. Where night work in the baking industry is prohibited for all
broken up or demolished, or in which materials are
workers, the interval between nine o'clock in the evening and
transformed, including undertakings engaged in shipbuilding
four o'clock in the morning may, for purposes of
apprenticeship or vocational training of young persons who 1. Any Member which, before the date of the adoption of the
have attained the age of sixteen years, be substituted by the laws or regulations permitting the ratification of this
competent authority for the interval of at least seven Convention, had laws or regulations restricting the night work
consecutive hours falling between ten o'clock in the evening of young persons in industry which provide for an age-limit
and seven o'clock in the morning prescribed by the authority lower than eighteen years may, by a declaration
in virtue of paragraph 3 of Article 2. accompanying its ratification, substitute an age-limit lower
than eighteen years, but in no case lower than sixteen years,
for the age-limit prescribed in paragraph 1 of Article 3.
Article 4

2. Any Member which has made such a declaration may at
1. In countries where the climate renders work by day
any time cancel that declaration by a subsequent declaration.
particularly trying, the night period and barred interval may
be shorter than that prescribed in the above articles if
compensatory rest is accorded during the day. 3. Every Member for which a declaration made in virtue of
paragraph 1 of this Article is in force shall indicate each year
in its annual report upon the application of this Convention the
2. The provisions of Articles 2 and 3 shall not apply to the
extent to which any progress has been made with a view to
night work of young persons between the ages of sixteen and
the full application of the provisions of the Convention.
eighteen years in case of emergencies which could not have
been controlled or foreseen, which are not of a periodical
character, and which interfere with the normal working of the Article 8
industrial undertaking.
1. The provisions of Part I of this Convention shall apply to
Article 5 India subject to the modifications set forth in this Article.

The prohibition of night work may be suspended by the 2. The said provisions shall apply to all territories in respect of
government, for young persons between the ages of sixteen which the Indian legislature has jurisdiction to apply them.
and eighteen years, when in case of serious emergency the
public interest demands it.
3. The term industrial undertaking shall include:

Article 6
a) factories as defined in the Indian Factories Act;

1. The laws or regulations giving effect to the provisions of
b) mines to which the Indian Mines Act applies;
this Convention shall:

c) railways and ports.
(a) make appropriate provision for ensuring that they are
known to the persons concerned;
4. Article 2, paragraph 2, shall apply to young persons who
have attained the age of thirteen years but are under the age
(b) define the persons responsible for compliance therewith;
of fifteen years.

(c) prescribe adequate penalties for any violation thereof;
5. Article 2, paragraph 3, shall apply to young persons who
have attained the age of fifteen years but are under the age
(d) provide for the maintenance of a system of inspection of seventeen years.
adequate to ensure effective enforcement; and
6. Article 3, paragraph 1, and Article 4, paragraph 1, shall
(e) require every employer in a public or private industrial apply to young persons under the age of seventeen years.
undertaking to keep a register, or to keep available official
records, showing the names and dates of birth of all persons
7. Article 3, paragraphs 2, 3 and 4, Article 4, paragraph 2, and
under eighteen years of age employed by him and such other
Article 5 shall apply to young persons who have attained the
pertinent information as may be required by the competent
age of fifteen years but are under the age of seventeen years.
authority.

8. Article 6, paragraph 1 (e), shall apply to young persons
2. The annual reports submitted by Members under Article 22
under the age of seventeen years.
of the Constitution of the International Labour Organisation
shall contain full information concerning such laws and
regulations and a general survey of the results of the Article 9
inspections made in accordance therewith.
1. The provision of Part I of this Convention shall apply to
PART II. SPECIAL PROVISIONS FOR CERTAIN COUNTRIES Pakistan subject to the modifications set forth in this Article.

Article 7 2. The said provisions shall apply to all territories in respect of
which the Pakistan legislature has jurisdiction to apply them.
3. The term industrial undertaking shall include: 1. This Convention shall be binding only upon those Members
of the International Labour Organisation whose ratifications
have been registered with the Director-General.
a) factories as defined in the Factories Act;

2. It shall come into force twelve months after the date on
b) mines to which the Mines Act applies;
which the ratifications of two Members have been registered
with the Director-General.
c) railways and ports.
3. Thereafter, this Convention shall come into force for any
4. Article 2, paragraph 2, shall apply to young persons who Member twelve months after the date on which its
have attained the age of thirteen yers but are under the age ratifications has been registered.
of fifteen years.
Article 13
5. Article 2, paragraph 3, shall apply to young persons who
have attained the age of fifteen years but are under the age
1. A Member which has ratified this Convention may denounce
of seventeen years.
it after the expiration of ten years from the date on which the
Convention first comes into force, by an act communicated to
6. Article 3, paragraph 1, and Article 4, paragraph 1, shall the Director-General of the International Labour Office for
apply to young persons under the age of seventeen years. registration. Such denunciation shall not take effect until one
year after the date on which it is registered.
7. Article 3, paragraphs 2, 3 and 4, Article 4, paragraph 2, and
Article 5 shall apply to young persons who have attained the 2. Each Member which has ratified this Convention and which
age of fifteen years but are under the age of seventeen years. does not, within the year following the expiration of the period
of ten years mentioned in the preceding paragraph, exercise
the right of denunciation provided for in this Article, will be
8. Article 6, paragraph 1 (e), shall apply to young persons
bound for another period of ten years and, thereafter, may
under the age of seventeen years.
denounce this Convention at the expiration of each period of
ten years under the terms provided for in this Article.
Article 10
Article 14
1. The International Labour Conference may, at any session at
which the matter is included in its agenda, adopt by a two-
1. The Director-General of the International Labour Office shall
thirds majority draft amendments to any one or more of the
notify all Members of the International Labour Organisation of
preceding articles of Part II of this Convention.
the registration of all ratifications, declarations and
denunciations communicated to him by the Members of the
2. Any such draft amendment shall state the Member or Organisation.
Members to which it applies and shall, within the period of one
year or, in exceptional circumstances, of eighteen months
2. When notifying the Members of the Organisation of the
from the closing of the session of the Conference, be
registration of the second ratification communicated to him,
submitted by the Member or Members to which it applies to
the Director-General shall draw the attention of the Members
the authority or authorities within whose competence the
of the Organisation to the date upon which the Convention will
matter lies, for the enactment of legislation or other action.
come into force.

3. Each such Member will, if it obtains the consent of the
Article 15
authority or authorities within whose competence the matter
lies, communicate the formal ratification of the amendment to
the Director-General of the International Labour Office for The Director-General of the International Labour Office shall
registration. communicate to the Secretary-General of the United Nations
for registration in accordance with Article 102 of the Charter
of the United Nations full particulars of all ratifications,
4. Any such draft amendment shall take effect as an
declarations and acts of denunciation registered by him in
amendment to this Convention on ratification by the Member
accordance with the provisions of the preceding articles.
or Members to which it applies.

Article 16
PART III. FINAL PROVISIONS

At such times as it may consider necessary the Governing
Article 11
Body of the International Labour Office shall present to the
General Conference a report on the working of this Convention
The formal ratifications of this Convention shall be and shall examine the desirability of placing on the agenda of
communicated to the Director-General of the International the Conference the question of its revision in whole or in part.
Labour Office for registration.
Article 15
Article 12
1. Should the Conference adopt a new Convention revising non-industrial occupations in which large numbers of young
this Convention in whole or in part, then, unless the new workers are engaged;
Convention otherwise provides:
Whereas although, on account of the great diversity of
a) the ratification by a Member of the new revising Convention employments to which its provisions apply and on account of
shall ipso jure involve the immediate denunciation of this the different traditions and circumstances peculiar to each
Convention, notwithstanding the provisions of Article 13 country, the Convention leaves it to national laws and
above, if and when the new revising Convention shall have regulations to adapt for each given country the
come into force; implementation of the standards laid down therein, it is
nevertheless desirable to ensure as uniform application as
possible of the Convention; and
b) as from the date when the new revising Convention comes
into force this Convention shall cease to be open to ratification
by the Members. Whereas it is desirable that account should be taken of certain
methods which have been found to give satisfactory results
and which may accordingly be a guide to the Members of the
2. This Convention shall in any case remain in force in its
Organisation;
actual form and content for those Members which have
ratified it but have not ratified the revising Convention.
The Conference recommends that each Member should apply
the following provisions as rapidly as national conditions allow
Article 18
and report to the International Labour Office as requested by
the Governing Body concerning the measures taken to give
The English and French versions of the text of this Convention effect thereto:
are equally authoritative.
I. Scope of the Regulations
R80 Night Work of Young Persons (Non-Industrial
Occupations) Recommendation, 1946
1. The provisions of the Night Work of Young Persons (Non-
Industrial Occupations) Convention, 1946, should be applied
Recommendation concerning the Restriction of Night Work of to all occupations which are carried on in or in connection with
Children and Young Persons in Non-Industrial Occupations the following undertakings or services, whether public or
Recommendation:R080 private:
Place:Montreal
Session of the Conference:29
(a) commercial establishments, including delivery services;
Date of adoption=09:10:1946
Subject classification: Night Work
Subject: Elimination of Child Labour and Protection of (b) postal and telecommunication services, including delivery
Children and Young Persons services;
Display the document in: French Spanish
Status: Instrument to be revised
(c) establishments and administrative services in which the
persons employed are mainly engaged in clerical work;
The General Conference of the International Labour
Organisation,
(d) newspaper undertakings (editing, distribution, delivery
services and the sale of newspapers in the streets or in places
Having been convened at Montreal by the Governing Body of to which the public have access);
the International Labour Office and having met in its Twenty-
ninth Session on 19 September 1946, and
(e) hotels, boarding-houses, restaurants, clubs, cafés and
other refreshment houses;
Having decided upon the adoption of certain proposals with
regard to the restriction of night work of children and young
(f) establishments for the treatment and care of the sick,
persons in non-industrial occupations, which is included in the
infirm or destitute and of orphans;
third item on the agenda of the Session, and

(g) theatres and places of public entertainment;
Having adopted a Convention on this subject and having
decided to supplement this Convention by a
Recommendation, (h) itinerant trading, the hawking of objects of all kinds, and
any other occupation or service carried on in the streets or in
places to which the public have access;
adopts this ninth day of October of the year one thousand
nine hundred and forty-six, the following Recommendation,
which may be cited as the Night Work of Young Persons (Non- (i) all other jobs, occupations or services which are neither
Industrial Occupations) Recommendation, 1946: industrial nor agricultural nor maritime.

Whereas the Night Work of Young Persons (Non-Industrial 2. Without prejudice to the discretion which the Night Work of
Occupations) Convention, 1946, lays down the basis for Young Persons (Non-Industrial Occupations) Convention, 1946,
legislative protection against the dangers of night work in leaves to Members to exempt from its application domestic
service carried on for wages or earnings in a private
household and employment on work which is not deemed to special attention should be given, in order to achieve effective
be harmful, prejudicial or dangerous to children or young application of the provisions of the Night Work of Young
persons in family undertakings in which only parents and their Persons (Non-Industrial Occupations) Convention, 1946, as
children or wards are engaged, the attention of Members is regards non-industrial activities carried on in a great number
drawn to the desirability of: of small and scattered undertakings, to the investigation of
alleged violations of the law reported by the public, and more
particularly immediate action should be taken upon
(a) adopting appropriate legislative and administrative
complaints lodged by the parents of the child or young
measures for restricting the night work of children and young
person.
persons under eighteen years of age who are engaged in
domestic service;
8. When deciding on the form of document which the
employer shall be required by law to keep for the purpose of
(b) extending to all undertakings carried on for profit, without
furnishing the inspection services with the means of
consideration of the family relationship existing between the
supervising the enforcement of the regulations restricting
persons engaged in them, the application of the regulations
night work, it is desirable to take into consideration the
concerning the restriction of night work in non-industrial
advantages of the work permit or the workbook which, as they
occupations.
must be issued or officially stamped on each change of
employment, make it easy to identify the young worker,
II. Employment in Public Entertainment provide proof of age and fix his conditions of work, including
working hours.
3. Where local authorities are empowered, in virtue of the
provisions of Article 5 of the Night Work of Young Persons 9.
(Non-Industrial Occupations) Convention, 1946, to grant
individual licences to children and young persons allowing
(1) In order to facilitate the identification by official
them to appear at night as performers in public
supervisory services of young itinerant workers protected by
entertainments or to participate at night as performers in the
the laws or regulations concerning night work--
making of cinematographic films, supervisory control over the
issuing of such licences should be vested in a higher authority
to which the persons concerned may appeal either against the (a) young itinerant workers working for wages should carry on
refusal of the licence or against any of the conditions imposed their person a document and a badge which will permit their
therein. identification outside the undertaking, in addition to the
documents kept by the employer;
4. Licences should be issued for limited periods and should be
subject to all the conditions necessary in the circumstances of (b) young itinerant workers working on their own account or
each case for the protection of the child or young person. on account of their parents should carry on their person a
document authorising their employment and a badge which
will permit their identification.
5. Licences should be granted for children under fourteen
years of age only in exceptional cases in which they are
justified by the need of vocational training or the talent of the (2) Young itinerant workers under eighteen years of age
child and should be subject to the following conditions: should be provided with a work permit or an individual licence
containing--
(a) such licences should be restricted as a rule to children who
are attending institutions for dramatic or musical instruction; (a) the name, age and address of the child or young person;

(b) employment at night should be limited as far as possible (b) the photograph or signature of the child or young person
to three evenings a week or to an average of three evenings a or other means of identification and his permit or licence
week calculated over a longer period; number;

(c) employment should cease by ten o'clock in the evening or (c) if the child or young person is employed for wages, the
a rest period of sixteen consecutive hours should be granted. name and address of the employer and his hours of work; and

III. Methods of Supervision (d) if the child or young person is working on his own account
or on account of his parents, the name and address of his
parents and their authorisation.
6. While respecting the principle laid down in paragraph 12 of
the Labour Inspection Recommendation, 1923, according to
which the inspectorate should include men and women having (3) It is desirable that the work permit or individual licence
the same powers and duties and exercising the same should be issued by a service under the labour department.
authority, it is desirable to take into account the experience of
certain countries which have found it particularly satisfactory
(4) A young itinerant worker should be obliged to wear the
to entrust to women inspectors the enforcement of laws and
badge which bears his permit or licence number so that it will
regulations for the protection of young workers.
be readily visible.

7. In addition to regular inspection to ensure compliance with
(5) The full co-operation of local authorities, and particularly
the laws and regulations for the protection of young workers,
that of the preventive police, if such exists, of educational
authorities and of child welfare authorities, with inspection That each Member of the International Labour Organisation
services, should be obtained in order to ensure supervision of take steps to regulate the employment of children under the
the working hours of young itinerant workers and the age of fourteen years in agricultural undertakings during the
enforcement of the laws and regulations relating to night night, in such a way as to ensure to them a period of rest
work. compatible with their physical necessities and consisting of
not less than ten consecutive hours.
(6) The employer should be held legally responsible for
violations of the laws or regulations, and in particular for any II
disproportion between the volume of work to be required and
the time available for its performance during permitted
That each Member of the International Labour Organisation
working hours; the employer should be given the opportunity
take steps to regulate the employment of young persons
to vindicate his good faith if he exercised all due diligence to
between the ages of fourteen and eighteen years in
prevent the violation.
agricultural undertakings during the night, in such a way as to
ensure to them a period of rest compatible with their physical
(7) Parents should, after previous warning, be held legally necessities and consisting of not less than nine consecutive
responsible for violations of the laws or regulations when the hours.
occupation is carried on on their account or with their
authorisation.
R13 Night Work of Women (Agriculture)
Recommendation, 1921
R14 Night Work of Children and Young Persons
(Agriculture) Recommendation, 1921
Recommendation concerning Night Work of Women in
Agriculture
Recommendation concerning Night Work of Children and Recommendation:R013
Young Persons in Agriculture Place:Geneva
Recommendation:R014 Session of the Conference:3
Place:Geneva Date of adoption=15:11:1921
Session of the Conference:3 Subject classification: Night Work
Date of adoption=15:11:1921 Subject: Working Time
Subject classification: Night Work Display the document in: French Spanish
Subject: Elimination of Child Labour and Protection of Status: Instrument subject to a request for information
Children and Young Persons
Display the document in: French Spanish
The General Conference of the International Labour
Status: Instrument to be revised
Organisation,

The General Conference of the International Labour
Having been convened at Geneva by the Governing Body of
Organisation,
the International Labour Office, and having met in its Third
Session on 25 October 1921, and
Having been convened at Geneva by the Governing Body of
the International Labour Office, and having met in its Third
Having decided upon the adoption of certain proposals with
Session on 25 October 1921, and
regard to the night work of women in agriculture, which is
included in the third item of the agenda of the Session, and
Having decided upon the adoption of certain proposals with
regard to the employment of children and young persons in
Having decided that these proposals shall take the form of a
agriculture during the night, which is included in the third item
Recommendation,
of the agenda of the Session, and

adopts the following Recommendation, which may be cited as
Having decided that these proposals shall take the form of a
the Night Work of Women (Agriculture) Recommendation,
Recommendation,
1921, to be submitted to the Members of the International
Labour Organisation for consideration with a view to effect
adopts the following Recommendation, which may be cited as being given to it by national legislation or otherwise, in
the Night Work of Children and Young Persons (Agriculture) accordance with the provisions of the Constitution of the
Recommendation, 1921, to be submitted to the Members of International Labour Organisation:
the International Labour Organisation for consideration with a
view to effect being given to it by national legislation or
The General Conference of the International Labour
otherwise, in accordance with the provisions of the
Organisation recommends:
Constitution of the International Labour Organisation:

That each Member of the International Labour Organisation
The General Conference of the International Labour
take steps to regulate the employment of women wage-
Organisation recommends:
earners in agricultural undertakings during the night in such a
way as to ensure to them a period of rest compatible with
I their physical necessities and consisting of not less than nine
hours, which shall, when possible, be consecutive.