Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Night Work Convention, 1990 (No. 171) - Côte d'Ivoire (Ratification: 2016)

The Committee notes the Government’s first report and the national measures giving effect to the Convention, particularly the Labour Code and its implementing decree No. 96-204 of 7 March 1996 regarding night work.

Article 7 of the Convention. Maternity protection. The Committee notes that sections 23.6 to 23.8 of the Labour Code propose the following alternatives for women workers within the general framework of maternity protection: possible suspension of the employment contract for a given period around childbirth, with pay to be provided by the social security institution (sections 23.6 and 23.11), temporary transfer to another job or position without a reduction in pay (section 23.7) and, if a temporary transfer is not possible, suspension of the employment contract with pay provided by the employer until the start of the legal maternity leave (section 23.8). It notes that the Government indicates that these provisions give effect to Article 7 of the Convention. On the other hand, the Committee notes that section 22.2 of the Labour Code prohibits night work for pregnant women, subject to other medical advice. This section also provides that derogations may be granted, under conditions set out by decree, in view of the specific nature of the occupational activity. In this regard, the Committee recalls that Article 7 does not prohibit night work during pregnancy and immediately after confinement, but recognizes the need for special maternity protection for women night workers due to the nature of night work (2018 General Survey on working-time instruments, paragraph 467). Given that sections 23.6 to 23.8 of the Labour Code appear to offer alternatives to women night work within the general framework of maternity protection, thereby giving effect to Article 7, the Committee considers that the prohibition of night work for pregnant women in section 22.2 of the same Code may be called into question. It invites the Government to examine this question in light of the principle of equality of opportunity and treatment in respect of employment and occupation, in consultation with the social partners, and requests it to provide information in this regard, as well as on the application in practice of sections 22.2 and 23.6 to 23.8 of the Labour Code.

In addition, the Committee notes that section 23.4 of the Labour Code provides protection against dismissal during pregnancy and for a given period after childbirth. However, it also notes that under the last paragraph of section 23.7, in the event of disagreement between the parties on a possible temporary transfer, the employment contract may be terminated. The Committee notes that although the employer is considered responsible for the termination in this case, the fact remains that the worker loses her job. It recalls that Article 7(3)(a) is based on the principle that women should not lose their jobs or income as a result of benefiting from the protection afforded by the Convention (2018 General Survey, paragraph 471). The Committee therefore requests the Government to review the last paragraph of section 23.7 in the light of this principle.