CONVENTION (NO. 89) CONCERNING NIGHT WORK OF WOMEN EMPLOYED IN INDUSTRY.

Note: The Convention was concurred in by the Senate, S.R. No.
140, May 21, 1953. The Philippine instrument of ratification was signed
by the President, October 28, 1953 and was deposited with the
Director-General of the ILO, December 29, 1953. The Convention entered
into force, February 27, 1951, and with respect to the Philippines,
December 29, 1954.

Reference: This Convention is also published in 91 UNTS, p. 147.

The General Conference of the International Labour Organisation,

Having been convened at San Francisco by the Governing Body of
the International Labour Office, and having met in its Thirty-first
Session on 17 June 1948, and

Having decided upon the adoption of certain proposals with
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), 1934, adopted by the Conference at its
Eighteenth Session, which is the ninth item on the agenda of the
session, and

Considering that these proposals must take the form of an international Convention,

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), 1948:

PART I. GENERAL PROVISIONS

ARTICLE I

1. For the purpose of this Convention, the term “industrial undertaking” includes particularly—

(a) mines, quarries, and other works for the extraction of minerals from the
earth;

(b) undertakings in which articles are manufactured, altered, cleaned, repaired,
ornamented, finished, adapted for sale, broken up or demolished, or in which
materials are transformed, including undertakings engaged in shipbuilding or

in the generation, transformation or transmission of electricity or motive power of any kind;

(c) undertakings engaged in building and civil engineering
work, including constructional, repair, maintenance, alteration and
demolition work.

2. The competent authority shall define the line of division
which separates industry from agriculture, commerce and other
non-industrial occupations.

ARTICLE 2

For the purpose of this Convention the term “night” signifies a
period of at least eleven consecutive 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 competent authority may prescribe different intervals
for different areas, industries, undertakings or branches of industries
or undertakings, but shall consult the employers’ and workers’
organisations concerned before prescribing an interval beginning after
eleven o’clock in the evening.

ARTICLE 3

Women without distinction of age shall not be employed during
the night in any public or private industrial undertaking, or in any
branch thereof, other than an undertaking in which only members of the
same family are employed.

ARTICLE 4

Article 3 shall not apply—

(a) in cases of force majeure, when in any undertaking there
occurs an interruption of work which it was impossible to foresee, and
which is not of a recurring character;

(b) in cases where the work has to do with raw materials or
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.

ARTICLE 5

1. The prohibition of night work for women may be suspended by
the government, after consultation with the employers’ and workers’
organisations concerned, when in case of serious emergency the national
interest demands it.

2. Such suspension shall be notified by the government concerned to the
Director-General of the International Labour Office in its annual report on the
application of the Convention.

ARTICLE 6

In industrial undertakings which are influenced by the seasons
and in all cases where exceptional circumstances demand it, the night
period may be reduced to ten hours on sixty days of the year.

ARTICLE 7

In countries where the climate renders work by day particularly
trying, the night period may be shorter than that prescribed in the
above Articles if compensatory rest is accorded during the day.

ARTICLE 8

This Convention does not apply to—

(a) women holding responsible positions of a managerial or technical character;
and

(b) women employed in health and welfare services who are not ordinarily engaged in manual work.

PART II. SPECIAL PROVISIONS FOR CERTAIN COUNTRIES

ARTICLE 9

In those countries where no government regulation as yet applied
to the employment of women in industrial undertakings during the night,
the term “night” may provisionally, and for a maximum period of three
years, be declared by the government to signify a period of only ten
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.

ARTICLE 10

1. The provisions of this Convention shall apply to India subject to the
modifications set forth in this Article.

2. The said provisions shall apply to all territories in respect of which the
Indian legislature has jurisdiction to apply them.

3. The term “industrial undertaking” shall include—

(a) factories as defined in the Indian Factories Act; and

(b) mines to which the Indian Mines Act applies.

ARTICLE 11

1. The provisions of this Convention shall apply to Pakistan subject to the
modifications set forth in this Article.

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—

(a) factories as defined in the Factories Act;

(b) mines to which the Mines Act applies.

ARTICLE 12

1. The International Labour Conference may, at any session at which the
matter is included in its agenda, adopt by a two-thirds majority draft amendments
to any one or more of the preceding Articles of Part II of this Convention.

2. Any such draft amendment shall state the Member or Members to which
it applies, and shall, within the period of one year, or, in exceptional circumstances,
or eighteen 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 matter lies, for the enactment of legislation or other
action.

3. Each such Member will, if it obtains the consent of the 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 registration.

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.

PART III. FINAL PROVISIONS

ARTICLE 13

The formal ratifications of this Convention shall be communicated
to the Director-General of the International Labour Office for
registration.

ARTICLE 14

1. This Convention shall be binding only upon those
Members of the International Labour Organisation whose ratifications
have been registered with the Director-General.

2. It shall come into force twelve months after the date on which
the ratifications of two Members have been registered with the
Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve
months after the date on which its ratification has been registered.

ARTICLE 15

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 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.

2. Each Member which has ratified this Convention and which 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 bound for another period of ten years and,
thereafter, may denounce this Convention at the expiration of each
period of ten years under the terms provided for in this Article.

ARTICLE 16

1. The Director-General of the International Labour Office shall
notify all
Members of the International Labour Organisation
of the registration of all ratifications and denunciations communicated
to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the registration of
the second ratification communicated to him, the Director-General shall draw the
attention of the Members of the Organisation to the date upon which the Convention will come into force.

ARTICLE 17

The Director-General of the International Labour Office shall
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 and acts of denunciation
registered by him in accordance with the provisions of the preceding
Articles.

ARTICLE 18

At the expiration of each period of ten years after the coming
into force of this Convention, the Governing Body of the International
Labour Office shall present to the General Conference a report on the
working of this Convention and shall consider the desirability of
placing on the agenda of the Conference the question of its revision in
whole or in part.

ARTICLE 19

1. Should the Conference adopt a new Convention revising this Convention
in whole or in part, then, unless the new Convention otherwise provides,

(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 15 above, if and
when the new revising Convention shall have come into force;

(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.

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 20

The English and French versions of the text of this Convention are equally authoritative.

The foregoing is the authentic text of the Convention duly
adopted by the General Conference of the International Labour
Organisation during its Thirty-first Session which was held at San
Francisco and declared closed the tenth day of July 1948.

IN FAITH WHEREOF we have appended our signatures this thirty-first day of August 1948.

Parties to the Convention as of December 31, 1965: