Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Night Work (Women) Convention (Revised), 1948 (No. 89) - French Polynesia

Article 3 of the Convention. Prohibition of night work for women. The Committee notes the Government’s indication that following the adoption of Act No. 2011-15 of 4 May 2011 on the codification of labour law, all restrictions on the night work of women have been eliminated with a view to improving the employment opportunities for women and strengthening the legal framework against discrimination. More concretely, the Government indicates that section 29 of Act No. 86-845 of 17 July 1986 and section 3 of Decision No. 91-008 AT of 17 January 1991, which previously gave effect to the basic requirement of the Convention, have now been repealed. The Government further explains that this change was rendered necessary by the evolution of labour law and the principle of non-discrimination which requires the relaxation of all restrictions except for those linked to maternity protection. While welcoming the removal of all gender-specific restrictions from the labour legislation, the Committee recalls that the Government of French Polynesia remains bound by the Convention until a declaration modifying the terms of the acceptance of the obligations of the Convention on its behalf is communicated by the Government of France (as provided for in article 35 of the ILO Constitution). The Committee requests the Government to keep the Office informed of any further developments in this respect.