Night Work (Women) Convention (Revised), 1948 (No. 89) - United Arab Emirates (Ratification: 1982)

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions No. 1 (hours of work) and No. 89 (women’s night work) together.

Hours of work

Articles 2, 6 and 8(1)(c) of Convention No. 1. Exceptions to normal hours of work. Record keeping. Further to its previous comments, the Committee notes the Government’s indication in its report that Federal Act No. 8 of 1980, which is the main legislation implementing the Convention, is under revision. While noting the content of draft sections 46 (on daily hours of work) and 48 (on overtime) of the revising act, as provided by the Government, the Committee observes that it is not in a position to provide an assessment of conformity without having access to all the provisions of the draft which address working time. Based on the provisions available, it wishes to emphasize the importance of national legislation and practice restricting recourse to exemptions from the maximum limits to hours of work (namely eight hours in the day and 48 hours in the week) to cases of clear, well-defined and limited circumstances such as accident, actual or threatened, force majeure or urgent work to be done to plant or machinery (2018 General Survey on working time instruments, paragraph 119). The Committee also notes that the Government’s reply to its previous request under Article 8(1)(c) does not specifically address the obligation for employers to keep a record of all hours worked in excess of the normal hours of work, as provided for under this article. The Committee requests the Government to ensure that any revision of the legislation is in full conformity with the Convention and to provide information on all relevant provisions on working time as well as on the time of the coming into force of the new law. It recalls that the Government can avail itself of the technical assistance of the ILO in this process.

Women’s night work

Article 3 of Convention No. 89. Prohibition of women’s night work. Further to its previous comments, the Committee notes the Government’s indication in its report that it is considering the abrogation of the prohibition of women’s night work. On this matter, it refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (see 2018 General Survey on working-time instruments, paragraph 545). Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3 of the Convention. General prohibition of night work for women. The Committee recalls that, for the past ten years, it has been commenting on Ministerial Order No. 46/1 of 1980, which authorizes the night work of women in, among others, tourism, health-care and transport sectors and in cases of serious accident, repair work or extraordinary pressure. In this connection, the Committee has been drawing the Government’s attention to the 1990 Protocol to Convention No. 89 and to the Night Work Convention, 1990 (No. 171), which provide for broader exemptions from the night work prohibition and variations in the duration of the night period, while maintaining the focus on women’s protection from arduous working conditions. However, the Committee notes that the Government’s most recent report provides no information concerning any measures taken or envisaged in this regard, while merely indicating that the subject remains under examination.

The Committee recalls that the subject of the night work of women, and the reinterpretation of gender-specific roles in marriage, family responsibility and working life, has been the subject of ILO meetings of experts, the 2001 General Survey, as well as Office reports, including the 1989 report which explained that the “ILO seeks to rationalize the various interests and doctrines into a coherent policy that ensures equal opportunity and at the same time prevents the deterioration of working conditions.” In this connection, Protocol of 1990 was designed to ease prohibitions in cases where some form of restriction aimed only at women were considered valid and Convention No. 171 aims to provide measures of protection for both genders of night workers. Recalling that the protective function of the night work standards should, only on a limited basis and subject to regular review, be legitimately considered as justified, the Committee requests the Government to consider bringing the national legislation relating to the employment of women in line with the Convention, in consultation with the social partners. The Committee draws the Government’s attention to the 2001 General Survey on the night work of women in industry, paragraphs 29–32 and 161–169, and reiterates that the Government may avail itself of technical assistance from the Office with a view to better understanding the possibilities and implications of each of the two instruments and consequentially revising the national legislation. The Committee requests the Government to provide information on any measures taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. General prohibition of night work for women. The Committee notes the Government’s renewed reference to Ministerial Order No. 46/1 of 1980 which authorizes the night work of women mainly in the tourism, health-care and transport sectors as well as in cases of serious accident, repair work or extraordinary work pressure. As the Government indicates in its last report, these exceptions reflect women’s high participation rate in economic activity but also the Government’s commitment to applying the principle of equal opportunity. The Committee recalls its previous comment in which it invited the Government, in consultation with the social partners, and in particular with women workers, to consider the possibility of further modernizing its legislation by ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-specified conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. The Committee notes, in this regard, the Government’s indication that it is currently examining the possibility of amending the legislation relating to the employment of women in line with the Committee’s comments. The Committee accordingly requests the Government to keep the Office informed of any progress in the revision process and the possible ratification of either the Protocol to Convention No. 89 or Convention No. 171, and recalls that the Government may, if it so wishes, draw on the technical assistance of the Office on these matters.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. General prohibition of night work for women. The Committee notes the Government’s reference to the Ministerial Order No. 46/1 of 1980 which specifies the tasks in which the employment of women is allowed during the night, i.e. the period from 10 p.m. to 7 a.m. While most of the types of work contained in the Order do not relate to industrial undertakings, and therefore are not strictly relevant to the application of the Convention, the Committee notes that “work for the purpose of meeting abnormal work pressures” goes beyond the permissible exceptions set out in Articles 4, 5 and 8 of the Convention. In this respect, the Committee suggests that the Government might wish to consider the possibilities offered by the 1990 Protocol to Convention No. 89 for broader exemptions from the night work prohibition and variations in the duration of the night period, while maintaining the focus on women’s protection from arduous working conditions.

The Committee wishes to draw once more the Government’s attention to the fact that general protective measures for female workers, such as blanket prohibitions – as contrasted to special measures aimed at protecting women’s reproductive and maternal capacity – are increasingly regarded as obsolete and unnecessary infringements of the fundamental principle of equality of opportunity and treatment between men and women. The Committee is fully aware, however, that the specific needs of each country vary and that the universal acceptance of non-discrimination in employment and occupation as a fundamental human right may in some situations call for a phased approach. It is in this sense that the Committee concluded in paragraph 201 of its 2001 General Survey on the night work of women in industry that “Convention No. 89, as revised by the 1990 Protocol, retains its relevance for some countries as a means of protecting those women who need protection from the harmful effects and risks of night work in certain industries, while acknowledging the need for flexible and consensual solutions to specific problems and for consistency with modern thinking and principles on maternity protection”. In light of these observations, the Committee invites the Government, in consultation with the social partners, and in particular with women workers, to consider the possibility of modernizing its legislation by ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-specified conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. The Committee recalls that the Government may wish to seek the assistance of the Office with a view to better understanding the possibilities and implications of each of these two instruments and revising existing legislation accordingly. It requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that according to the information contained in the Government’s report the application of the Convention is observed in law and practice in all parts of the country and there have been no new legislative or other measures taken in this regard.

The Committee takes this opportunity to refer to paragraphs 191-202 of its 2001 General Survey on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a blanket prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. It also noted that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and strengthening non-discrimination. The Committee further recalled that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women, as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

More concretely, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol. Therefore, the Committee invites the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female workers. Finally, the Committee would be grateful to the Government for providing, in accordance with Part V of the report form, up-to-date information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the application of the exceptions allowed under the provisions of the Convention, etc.