Year of entry into force: 1995
Region: Universal
Legal Status: Intergovernmental - Legally Binding
Excerpts
Article 3
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 protect their health, assist them to meet their family and social responsibilities, provide opportunities for occupational advancement, and compensate them appropriately. Such measures shall also be taken in the fields of safety and maternity protection for all workers performing night work.
2. The measures referred to in paragraph 1 above may be applied progressively.
Article 4
1. At their request, workers shall have the right to undergo a health assessment without charge and to receive advice on how to reduce or avoid health problems associated with their work:
(a) before taking up an assignment as a night worker;
(b) at regular intervals during such an assignment;
(c) if they experience health problems during such an assignment which are not caused by factors other than the performance of night work.
2. With the exception of a finding of unfitness for night work, the findings of such assessments shall not be transmitted to others without the workers’ consent and shall not be used to their detriment.
Article 5
Suitable first-aid facilities shall be made available for workers performing night work, including arrangements whereby such workers, where necessary, can be taken quickly to a place where appropriate treatment can be provided.
Article 6
1. Night workers certified, for reasons of health, as unfit for night work shall be transferred, whenever practicable, to a similar job for which they are fit.
2. If transfer to such a job is not practicable, these workers shall be granted the same benefits as other workers who are unable to work or to secure employment.
3. A night worker certified as temporarily unfit for night work shall be given the same protection against dismissal or notice of dismissal as other workers who are prevented from working for reasons of health.
Article 7
1. Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work:
(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;
(b) for additional periods in respect of which a medical certificate is produced stating that it is necessary for the health of the mother or child:
(i) during pregnancy;
(ii) during a specified time beyond the period after childbirth fixed pursuant to subparagraph (a) above, the length of which shall be determined by the competent authority after consulting the most representative organisations of employers and workers.
2. The measures referred to in paragraph 1 of this Article may include transfer to day work where this is possible, the provision of social security benefits or an extension of maternity leave.
3. During the periods referred to in paragraph 1 of this Article:
(a) a woman worker shall not be dismissed or given notice of dismissal, except for justifiable reasons not connected with pregnancy or childbirth;
(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 maintenance may be ensured by any of the measures listed in paragraph 2 of this Article, by other appropriate measures or by a combination of these measures;
(c) a woman worker shall not lose the benefits regarding status, seniority and access to promotion which may attach to her regular night work position.
4. The provisions of this Article shall not have the effect of reducing the protection and benefits connected with maternity leave.