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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)) and 171 (night work) together.

Articles 1 and 2(1) of Convention No. 14 and Article 2(2) of Convention No. 171. Scope of application. The Committee notes that, in accordance with section 2 of the Labour Code, the provisions of the Code are not applicable to persons appointed to a permanent post in a public administration, and the Code is not appliable to workers employed in the service of the State or legal persons governed by public law who have a special status, within the limits of that status and the general principles of administrative law. The Committee requests the Government to indicate whether any public employees work in industrial undertakings covered by the Convention and, if so, to specify the weekly rest regime applicable to them. It also requests the Government to indicate the night work regime applied in the public service and to provide a copy of any text regulating night work for this category of workers.

Weekly rest.

Article 4 of Convention No. 14. Total or partial exceptions. The Committee takes note of paragraph 2 of section 24.1 of the Labour Code, which provides that the procedures for the application of this section shall be determined by regulation, in particular regarding the occupations for which and the conditions under which rest may exceptionally and for clearly established reasons either be given in rotation or collectively on days other than Sunday or be suspended to compensate for certain ritual or local holidays. In this respect, the Committee notes the Government’s indication in its report that a regulatory text on the application of weekly rest is currently under consideration. Accordingly, the Committee requests the Government to provide information on the progress made in adopting the above-mentioned regulation and, if possible, to provide a copy.

Article 5. Compensatory rest.Noting that there appears to be no provision in the Labour Code for compensatory rest in the event of work during the weekly rest period,the Committee requests the Government to provide information on any measures taken or envisaged to establish, where possible, provisions for rest periods to compensate for suspensions or reductions in the weekly rest period, as required under this Article of the Convention.

Night work.

Article 1(a) of Convention No. 171. Definition of night work. The Committee notes that section 2 of Decree No. 96-204 of 7 March 1996 on night work provides that agreements concluded between employers’ and workers’ organizations or between employers and workers in an enterprise or establishment may set starting and ending times for night work that differ from the times provided for in Article 1 (between 9 p.m. and 5 a.m.) in order to take into account the practices and customs of certain industries or professions. The Committee requests the Government to indicate whether such collective agreements have been concluded under section 2 of this Decree and, if so, to provide a copy.

Article 4. Health assessment. The Committee notes that section 11 of Decree No. 96-204 of 7 March 1996 on night work provides that night workers shall undergo a health assessment at least twice a year in order to ascertain their suitability for the position they hold. The Committee requests the Government to: (i) indicate whether the health assessments of night workers provided for in the Decree are carried out at no cost to the worker; and (ii) provide information on the measures in place to ensure the confidentiality of the content and results of the assessments.

Article 7. Maternity protection. Further to its previous comment on the prohibition of night work for pregnant women under section 22.2 of the Labour Code, the Committee notes the Government's indication in its report that the question of how to strengthen the protection of pregnant women without undermining the principle of equal opportunity and treatment with regard to access to night work will be the subject of consultation with the social partners with a view to the adoption of a regulatory act. The Committee requests the Government to provide information on the consultation process that will be initiated and, if possible, on its outcome. In the absence of information on the application in practice of sections 22.2 and 23.6 to 23.8 of the Labour Code, the Committee once again requests the Government to provide information in this respect.

Furthermore, the Committee notes that the Government has not provided information on its previous comment concerning the last paragraph of section 23.7 of the Labour Code, which provides for the possibility for the employer to terminate the contract of a pregnant woman in the event of a disagreement regarding a possible temporary transfer. In this context, the Committee requests the Government to indicate the measures taken or envisaged to ensure that, during the periods referred to in Article 7(1), women workers may not be dismissed or given notice of dismissal unless there are just reasons unrelated to pregnancy or childbirth, as required by Article 7(3)(a) of the Convention.

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

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.