Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 45) des travaux souterrains (femmes), 1935 - Malaisie - Péninsulaire (Ratification: 1957)

The Committee notes that the Government in its report refers to the Factories and Machinery Act, 1967 and the Occupational Safety and Health Act, 1994 as the relevant legislation applying the Convention. According to this legislation there would be no specific provisions related to the gender of persons employed, but that all workers are protected equally. However, according to available information, section 35 of the Employment Act of 1955, referred to in previous reports, remains in force and continues to prohibit underground work for women. The Government is requested to clarify whether section 35 of the Employment Act of 1955, which gives effect to Article 2 of the Convention, remains in force or not.

The Committee notes the Government’s declared intention to denounce Convention No. 45. In this respect, the Committee recalls that according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018.

The Committee welcomes the information that the Government is considering the possibility of ratifying the Safety and Health in Mines Convention, 1995 (No. 176), as the Occupational Safety and Health Act 1994 would appear to give effect to the terms of this Convention. The Committee requests the Government to keep the Office informed of any decision taken in this regard.