C89 Night Work (Women) Convention (Revised), 1948
Convention concerning Night Work of Women Employed in
Industry (Revised 1948) (Note: Date of coming into force:
27:02:1951.)
Convention:C089
Place:(San Francisco)
Session of the Conference:31
Date of adoption:09:07:1948
Subject classification: Night Work
Subject: Working Time
See the ratifications for this Convention
Display the document in: French Spanish
Status: Other instrument
The General Conference of the International Labour
Organisation,
Having been convened at San Francisco by the Governing
Body of the International Labour Office, and having met in its
Thirty-first Session on 17 June 1948, and
Having decided upon the adoption of certain proposals with
regard to the partial revision of the Night Work (Women)
Convention, 1919, adopted by the Conference at its First
Session, and the Night Work (Women) Convention (Revised),
1934, adopted by the Conference at its Eighteenth Session,
which is the ninth item on the agenda of the session, and
Considering that these proposals must take the form of an
international Convention.
adopts this ninth day of July of the year one thousand nine
hundred and forty-eight the following Convention, which may
be cited as the Night Work (Women) Convention (Revised),
1948:
PART I. GENERAL PROVISIONS
Article 1
1. For the purpose of this Convention, the term industrial
undertakings includes particularly:
(a) mines, quarries, and other works for the extraction of
minerals from the earth;
(b) undertakings in which articles are manufactured, altered,
cleaned, repaired, ornamented, finished, adapted for sale,
broken up or demolished, or in which materials are
transformed, including undertakings engaged in ship-building
or in the generation, transformation or transmission of
electricity or motive power of any kind;
(c) undertakings engaged in building and civil engineering
work, including constructional, repair, maintenance, alteration
and demolition work.
2. The competent authority shall define the line of division
which separates industry from agriculture, commerce and
other non-industrial occupations.
Article 2
For the purpose of this Convention the term night signifies a
period of at least eleven consecutive hours, including an
interval prescribed by the competent authority of at least
seven consecutive hours falling between ten o'clock in the
evening and seven o'clock in the morning; the competent
authority may prescribe different intervals for different areas,
industries, undertakings or branches of industries or
undertakings, but shall consult the employers' and workers'
organisations concerned before prescribing an interval
beginning after eleven o'clock in the evening.
Article 3
Women without distinction of age shall not be employed
during the night in any public or private industrial
undertaking, or in any branch thereof, other than an
undertaking in which only members of the same family are
employed.
Article 4
Article 3 shall not apply:
(a) in cases of force majeure, when in any undertaking there
occurs an interruption of work which it was impossible to
foresee, and which is not of a recurring character;
(b) in cases where the work has to do with raw materials or
materials in course of treatment which are subject to rapid
deterioration when such night work is necessary to preserve
the said materials from certain loss.
Article 5
1. The prohibition of night work for women may be suspended
by the government, after consultation with the employers' and
workers' organisations concerned, when in case of serious
emergency the national interest demands it.
2. Such suspension shall be notified by the government
concerned to the Director-General of the International Labour
Office in its annual report on the application of the
Convention.
Article 6
In industrial undertakings which are influenced by the seasons
and in all cases where exceptional circumstances demand it,
the night period may be reduced to ten hours on sixty days of
the year.
Article 7
In countries where the climate renders work by day
particularly trying, the night period may be shorter than that
prescribed in the above articles if compensatory rest is
accorded during the day.
Article 8
This Convention does not apply to:
(a) women holding responsible positions of a managerial or
technical character; and
(b) women employed in health and welfare services who are
not ordinarily engaged in manual work.
PART II. SPECIAL PROVISIONS FOR CERTAIN COUNTRIES
Article 9
In those countries where no government regulation as yet
applies to the employment of women in industrial
undertakings during the night, the term night may
provisionally, and for a maximum period of three years, be
declared by the government to signify a period of only ten
hours, including an interval prescribed by the competent
authority of at least seven consecutive hours falling between
ten o'clock in the evening and seven o'clock in the morning.
Articles 10
1. The provisions of this Convention shall apply to India
subject to the modifications set forth in this Article.
2. The said provisions shall apply to all territories in respect of
which the Indian legislature has jurisdiction to apply them.
3. The term industrial undertaking shall include:
a) factories as defined in the Indian Factories Act; and
b) mines to which the Indian Mines Act applies.
Article 11
1. The provisions of this Convention shall apply to Pakistan
subject to the modifications set forth in this Article.
2. The said provisions shall apply to all territories in respect of
which the Pakistan legislature has jurisdiction to apply them.
3. The term industrial undertaking shall include:
a) factories as defined in the Factories Act;
b) mines to which the Mines Act applies.
Article 12
1. The International Labour Conference may, at any session at
which the matter is included in its agenda, adopt by a two-
thirds majority draft amendments to any one or more of the
preceding articles of Part II of this Convention.
2. Any such draft amendment shall state the Member or
Members to which it applies, and shall, within the period of
one year, or, in exceptional circumstances, of eighteen
months from the closing of the session of the Conference, be
submitted by the Member or Members to which it applies to
the authority or authorities within whose competence the
matter lies, for the enactment of legislation or other action.
3. Each such Member will, if it obtains the consent of the
authority or authorities within whose competence the matter
lies, communicate the formal ratification of the amendment to
the Director-General of the International Labour Office for
registration.
4. Any such draft amendment shall take effect as an
amendment to this Convention on ratification by the Member
or Members to which it applies.
PART III. FINAL PROVISIONS
Article 13
The formal ratifications of this Convention shall be
communicated to the Director-General of the International
Labour Office for registration.
Article 14
1. This Convention shall be binding only upon those Members
of the International Labour Organisation whose ratifications
have been registered with the Director-General.
2. It shall come into force twelve months after the date on
which the ratifications of two Members have been registered
with the Director-General.
3. Thereafter, this Convention shall come into force for any
Member twelve months after the date on which its
ratifications has been registered.
Article 15
1. A Member which has ratified this Convention may denounce
it after the expiration of ten years from the date on which the
Convention first comes into force, by an act communicated to
the Director-General of the International Labour Office for
registration. Such denunciation shall not take effect until one
year after the date on which it is registered.
2. Each Member which has ratified this Convention and which
does not, within the year following the expiration of the period
of ten years mentioned in the preceding paragraph, exercise
the right of denunciation provided for in this Article, will be
bound for another period of ten years and, thereafter, may
denounce this Convention at the expiration of each period of
ten years under the terms provided for in this Article.
Article 16
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organisation of
the registration of all ratifications and denunciations
communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the
registration of the second ratification communicated to him,
the Director-General shall draw the attention of the Members
of the Organisation to the date upon which the Convention will
come into force.
Article 17
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations
for registration in accordance with Article 102 of the Charter
of the United Nations full particulars of all ratifications and
acts of denunciation registered by him in accordance with the
provisions of the preceding articles.
Article 18
At such times as it may consider necessary the Governing
Body of the International Labour Office shall present to the
General Conference a report on the working of this Convention
and shall examine the desirability of placing on the agenda of
the Conference the question of its revision in whole or in part.
The General Conference of the International Labour
Organisation,
Having been convened at Geneva by the Governing Body of
the International Labour Office, and having met in its 77th
Session on 6 June 1990, and
Noting the provisions of international labour Conventions and
Recommendations on the night work of children and young
persons, and specifically the provisions in the Night Work of
Young Persons (Non-Industrial Occupations) Convention and
Recommendation, 1946, the Night Work of Young Persons
(Industry) Convention (Revised), 1948, and the Night Work of
Children and Young Persons (Agriculture) Recommendation,
1921, and
Noting the provisions of international labour Conventions and
Recommendations on night work of women, and specifically
the provisions in the Night Work (Women) Convention
(Revised), 1948, and the Protocol of 1990 thereto, the Night
Work of Women (Agriculture) Recommendation, 1921, and
Paragraph 5 of the Maternity Protection Recommendation,
1952, and

Article 19
Noting the provisions of the Discrimination (Employment and
Occupation) Convention, 1958, and
1. Should the Conference adopt a new Convention revising
this Convention in whole or in part, then, unless the new
Noting the provisions of the Maternity Protection Convention
Convention otherwise provides:
(Revised), 1952, and

a) the ratification by a Member of the new revising Convention

Having decided upon the adoption of certain proposals with
shall ipso jure involve the immediate denunciation of this
regard to night work, which is the fourth item on the agenda
Convention, notwithstanding the provisions of Article 15
of the session, and
above, if and when the new revising Convention shall have
come into force;
Having determined that these proposals shall take the form of
an international Convention,
b) as from the date when the new revising Convention comes
into force this Convention shall cease to be open to ratification
by the Members. adopts this twenty-sixth day of June of the year one thousand
nine hundred and ninety the following Convention, which may
be cited as the Night Work Convention, 1990:
2. This Convention shall in any case remain in force in its
actual form and content for those Members which have
ratified it but have not ratified the revising Convention. Article 1

Article 20 For the purposes of this Convention:

The English and French versions of the text of this Convention (a) the term night work means all work which is performed
are equally authoritative. during a period of not less than seven consecutive hours,
including the interval from midnight to 5 a.m., to be
determined by the competent authority after consulting the
C171 Night Work Convention, 1990
most representative organisations of employers and workers
or by collective agreements;
Convention concerning Night Work (Note: Date of coming into
force: 04:01:1995.)
(b) the term night worker means an employed person whose
Convention:C171
work requires performance of a substantial number of hours of
Place:Geneva
night work which exceeds a specified limit. This limit shall be
Session of the Conference:77
fixed by the competent authority after consulting the most
Date of adoption:26:06:1990
representative organisations of employers and workers or by
Subject classification: Night Work
collective agreements.
Subject: Working Time
See the ratifications for this Convention
Article 2
Display the document in: French Spanish
Status: Up-to-date instrument This Convention was adopted
after 1985 and is considered up to date.
1. This Convention applies to all employed persons except
those employed in agriculture, stock raising, fishing, maritime
transport and inland navigation.
2. A Member which ratifies this Convention may, after
consulting the representative organisations of employers and
workers concerned, exclude wholly or partly from its scope
limited categories of workers when the application of the
Convention to them would raise special problems of a
substantial nature.
3. Each Member which avails itself of the possibility afforded
in paragraph 2 of this Article shall, in its reports on the
application of the Convention under article 22 of the
Constitution of the International Labour Organisation, indicate
the particular categories of workers thus excluded and the
reasons for their exclusion. It shall also describe all measures
taken with a view to progressively extending the provisions of
the Convention to the workers concerned.
Article 3
1. Specific measures required by the nature of night work,
which shall include, as a minimum, those referred to in
Articles 4 to 10, shall be taken for night workers in order to
protect their health, assist them to meet their family and
social responsibilities, provide opportunities for occupational
advancement, and compensate them appropriately. Such
measures shall also be taken in the fields of safety and
maternity protection for all workers performing night work.
2. The measures referred to in paragraph 1 above may be
applied progressively.
Article 4
1. At their request, workers shall have the right to undergo a
health assessment without charge and to receive advice on
how to reduce or avoid health problems associated with their
work:
(a) before taking up an assignment as a night worker;
(b) at regular intervals during such an assignment;
(c) if they experience health problems during such an
assignment which are not caused by factors other than the
performance of night work.
2. With the exception of a finding of unfitness for night work,
the findings of such assessments shall not be transmitted to
others without the workers' consent and shall not be used to
their detriment.
Article 5
Suitable first-aid facilities shall be made available for workers
performing night work, including arrangements whereby such
workers, where necessary, can be taken quickly to a place
where appropriate treatment can be provided.
Article 6
1. Night workers certified, for reasons of health, as unfit for
night work shall be transferred, whenever practicable, to a
similar job for which they are fit.
2. If transfer to such a job is not practicable, these workers
shall be granted the same benefits as other workers who are
unable to work or to secure employment.
3. A night worker certified as temporarily unfit for night work
shall be given the same protection against dismissal or notice
of dismissal as other workers who are prevented from working
for reasons of health.
Article 7
1. Measures shall be taken to ensure that an alternative to
night work is available to women workers who would
otherwise be called upon to perform such work:
(a) before and after childbirth, for a period of at least sixteen
weeks of which at least eight weeks shall be before the
expected date of childbirth;
(b) for additional periods in respect of which a medical
certificate is produced stating that it is necessary for the
health of the mother or child:
(i) during pregnancy;
(ii) during a specified time beyond the period after childbirth
fixed pursuant to subparagraph (a) above, the length of which
shall be determined by the competent authority after
consulting the most representative organisations of employers
and workers.
2. The measures referred to in paragraph 1 of this Article may
include transfer to day work where this is possible, the
provision of social security benefits or an extension of
maternity leave.
3. During the periods referred to in paragraph 1 of this Article:
(a) a woman worker shall not be dismissed or given notice of
dismissal, except for justifiable reasons not connected with
pregnancy or childbirth;
(b) the income of the woman worker shall be maintained at a
level sufficient for the upkeep of herself and her child in
accordance with a suitable standard of living. This income
maintenance may be ensured by any of the measures listed in
paragraph 2 of this Article, by other appropriate measures or
by a combination of these measures;
(c) a woman worker shall not lose the benefits regarding
status, seniority and access to promotion which may attach to
her regular night work position.
4. The provisions of this Article shall not have the effect of
reducing the protection and benefits connected with maternity
leave.
Article 8
Compensation for night workers in the form of working time,
pay or similar benefits shall recognise the nature of night
work.
Article 9
Appropriate social services shall be provided for night workers
and, where necessary, for workers performing night work.
Article 10
1. Before introducing work schedules requiring the services of
night workers, the employer shall consult the workers'
representatives concerned on the details of such schedules
and the forms of organisation of night work that are best
adapted to the establishment and its personnel as well as on
the occupational health measures and social services which
are required. In establishments employing night workers this
consultation shall take place regularly.
2. For the purposes of this Article the workers'
representatives means persons who are recognised as such
by national law or practice, in accordance with the Workers'
Representatives Convention, 1971.
Article 11
1. The provisions of this Convention may be implemented by
laws or regulations, collective agreements, arbitration awards
or court decisions, a combination of these means or in any
other manner appropriate to national conditions and practice.
In so far as they have not been given effect by other means,
they shall be implemented by laws or regulations.
2. Where the provisions of this Convention are implemented
by laws or regulations, there shall be prior consultation with
the most representative organisations of employers and
workers.
Article 12
The formal ratifications of this Convention shall be
communicated to the Director-General of the International
Labour Office for registration.
Article 13
1. This Convention shall be binding only upon those Members
of the International Labour Organisation whose ratifications
have been registered with the Director-General.
2. It shall come into force twelve months after the date on
which the ratifications of two Members have been registered
with the Director-General.
3. Thereafter, this Convention shall come into force for any
Member twelve months after the date on which its ratification
has been registered.
Article 14
1. A Member which has ratified this Convention may denounce
it after the expiration of ten years from the date on which the
Convention first comes into force, by an act communicated to
the Director-General of the International Labour Office for
registration. Such denunciation shall not take effect until one
year after the date on which it is registered.
2. Each Member which has ratified this Convention and which
does not, within the year following the expiration of the period
of ten years mentioned in the preceding paragraph, exercise
the right of denunciation provided for in this Article, will be
bound for another period of ten years and, thereafter, may
denounce this Convention at the expiration of each period of
ten years under the terms provided for in this Article.
Article 15
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organisation of
the registration of all ratifications and denunciations
communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the
registration of the second ratification communicated to him,
the Director-General shall draw the attention of the Members
of the Organisation to the date upon which the Convention will
come into force.
Article 16
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations
for registration in accordance with Article 102 of the Charter
of the United Nations full particulars of all ratifications and
acts of denunciation registered by him in accordance with the
provisions of the preceding Articles.
Article 17
At such times as it may consider necessary, the Governing
Body of the International Labour Office shall present to the
General Conference a report on the working of this Convention
and shall examine the desirability of placing on the agenda of
the Conference the question of its revision in whole or in part.
Article 18
1. Should the Conference adopt a new Convention revising
this Convention in whole or in part, then, unless the new
Convention otherwise provides:
(a) the ratification by a Member of the new revising
Convention shall ipso jure involve the immediate denunciation
of this Convention, notwithstanding the provisions of Article
14 above, if and when the new revising Convention shall have
come into force;
(b) as from the date when the new revising Convention comes
into force this Convention shall cease to be open to ratification
by the Members.
2. This Convention shall in any case remain in force in its
actual form and content for those Members which have
ratified it but have not ratified the revising Convention.
Article 19
The English and French versions of the text of this Convention
are equally authoritative.
C79 Night Work of Young Persons (Non-Industrial
Occupations) Convention, 1946
Convention concerning the Restriction of Night Work of
Children and Young Persons in Non-Industrial Occupations
(Note: Date of coming into force: 29:12:1950.)
Convention:C079
Place:Montreal
Session of the Conference:29
Date of adoption:09:10:1946
Subject classification: Night Work
Subject: Elimination of Child Labour and Protection of
Children and Young Persons
See the ratifications for this Convention
Display the document in: French Spanish
Status: Instrument to be revised
The General Conference of the International Labour
Organisation,
Having been convened at Montreal by the Governing Body of
the International Labour Office and having met in its Twenty-
ninth Session on 19 September 1946, and
Having decided upon the adoption of certain proposals with
regard to the restriction of night work of children and young
persons in non-industrial occupations, which is included in the
third item on the agenda of the Session, and
Having determined that these proposals shall take the form of
an international Convention,
adopts this ninth day of October of the year one thousand
nine hundred and forty-six the following Convention, which
may be cited as the Night Work of Young Persons (Non-
Industrial Occupations) Convention, 1946:
PART I. GENERAL PROVISIONS
Article 1
1. This Convention applies to children and young persons
employed for wages, or working directly or indirectly for gain,
in non-industrial occupations.
2. For the purpose of this Convention, the term non-
industrial occupation includes all occupations other than
those recognised by the competent authority as industrial,
agricultural or maritime occupations.
3. The competent authority shall define the line of division
which separates non-industrial occupations from industrial,
agricultural and maritime occupations.
4. National laws or regulations may exempt from the
application of this Convention--
(a) domestic service in private households; and
(b) employment, on work which is not deemed to be harmful,
prejudicial, or dangerous to children or young persons, in
family undertakings in which only parents and their children or
wards are employed.
Article 2
1. Children under fourteen years of age who are admissible for
full-time or part-time employment and children over fourteen
years of age who are still subject to full-time compulsory
school attendance shall not be employed nor work at night
during a period of at least fourteen consecutive hours,
including the interval between eight o'clock in the evening
and eight o'clock in the morning.
2. Provided that national laws or regulations may, where local
conditions so require, substitute another interval of twelve
hours of which the beginning shall not be fixed later than
eight thirty o'clock in the evening nor the termination earlier
than six o'clock in the morning.
Article 3
1. Children over fourteen years of age who are no longer
subject to full-time compulsory school attendance and young
persons under eighteen years of age shall not be employed
nor work at night during a period of at least twelve
consecutive hours, including the interval between ten o'clock
in the evening and six o'clock in the morning.
2. Provided that, where there are exceptional circumstances
affecting a particular branch of activity or a particular area,
the competent authority may, after consultation with the
employers' and workers' organisations concerned, decide that
in the case of children and young persons employed in that
branch of activity or area, the interval between eleven o'clock
in the evening and seven o'clock in the morning may be
substituted for that between ten o'clock in the evening and six
o'clock in the morning.
Article 4
1. In countries where the climate renders work by day
particularly trying, the night period may be shorter than that
prescribed in the above articles if compensatory rest is
accorded during the day.
2. The prohibition of night work may be suspended by the
Government for young persons of sixteen years of age and
over when in case of serious emergency the national interest
demands it.
3. National laws or regulations may empower an appropriate
authority to grant temporary individual licences in order to
enable young persons of sixteen years of age and over to
work at night when the special needs of vocational training so
require, subject to the period of rest being not less than
eleven consecutive hours in every period of twenty-four hours.
Article 5
1. National laws or regulations may empower an appropriate
authority to grant individual licences in order to enable
children or young persons under the age of eighteen years to
appear at night as performers in public entertainments or to
participate at night as performers in the making of
cinematographic films.
2. The minimum age at which such a licence may be granted
shall be prescribed by national laws or regulations.
3. No such licence may be granted when, because of the
nature of the entertainment or the circumstances in which it is
carried on, or the nature of the cinematographic film or the
conditions under which it is made, participation in the
entertainment or in the making of the film may be dangerous
to the life, health, or morals of the child or young person.
4. The following conditions shall apply to the granting of
licences:
(a) the period of employment shall not continue after
midnight:
(b) strict safeguards shall be prescribed to protect the health
and morals, and to ensure kind treatment of, the child or
young person and to avoid interference with his education;
(c) the child or young person shall be allowed a consecutive
rest period of at least fourteen hours.
Article 6
1. In order to ensure the due enforcement of the provisions of
this Convention, national laws or regulations shall--
(a) provide for a system of public inspection and supervision
adequate for the particular needs of the various branches of
activity to which the Convention applies;
(b) require every employer to keep a register, or to keep
available official records, showing the names and dates of
birth of all persons under eighteen years of age employed by
him and their hours of work; in the case of children and young
persons working in the streets or in places to which the public
have access, the register or records shall show the hours of
service agreed upon in the contract of employment;
(c) provide suitable means for assuring identification and
supervision of persons under eighteen years of age engaged,
on account of an employer or on their own account, in
employment or occupations carried on in the streets or in
places to which the public have access;
(d) provide penalties applicable to employers or other
responsible adults for breaches of such laws or regulations.
2. There shall be included in the annual reports to be
submitted under Article 22 of the Constitution of the
International Labour Organisation full information concerning
all laws and regulations by which effect is given to the
provisions of this Convention and, more particularly,
concerning--
(a) any interval which may be substituted for the interval
prescribed in paragraph 1 of Article 2 in virtue of the
provisions of paragraph 2 of that Article;
(b) the extent to which advantage is taken of the provisions of
paragraph 2 of Article 3;
(c) the authorities empowered to grant individual licences in
virtue of the provisions of paragraph 1 of Article 5 and the
minimum age prescribed for the granting of licences in
accordance with the provisions of paragraph 2 of the said
Article.
PART II. SPECIAL PROVISIONS FOR CERTAIN COUNTRIES
Article 7
1. Any Member which, before the date of the adoption of the
laws or regulations permitting the ratification of this
Convention, had no laws or regulations restricting the night
work of children and young persons in non-industrial
occupations may, by a declaration accompanying its
ratification, substitute an age limit lower than eighteen years,
but in no case lower than sixteen years, for the age limit
prescribed in Article 3.
2. Any Member which has made such a declaration may at
any time cancel that declaration by a subsequent declaration.
3. Every Member for which a declaration made in virtue of
paragraph 1 of this Article is in force shall indicate each year
in its annual report upon the application of this Convention the
extent to which any progress has been made with a view to
the full application of the provisions of the Convention.
Article 8
1. The provisions of Part I of this Convention shall apply to
India subject to the modifications set forth in the present
Article:
(a) the said provisions shall apply to all territories in respect of
which the Indian Legislature has jurisdiction to apply them;
(b) the competent authority may exempt from the application
of the Convention children and young persons employed in
undertakings employing less than twenty persons;
(c) Article 2 of the Convention shall apply to children under
twelve years of age who are admissible for full-time or part-
time employment and to children over twelve years of age
who are subject to full-time compulsory school attendance;
(d) Article 3 of the Convention shall apply to children over
twelve years of age who are not subject to full-time
compulsory school attendance and to young persons under
fifteen years of age;
(e) the exceptions permitted by paragraph 2 and 3 of Article 4
shall apply to young persons of fourteen years of age and
over;
(f) Article 5 shall apply to children and young persons under
fifteen years of age.
2. The provisions of paragraph 1 of this Article shall be subject
to amendment by the following procedure:
(a) the International Conference may, at any session at which
the matter is included in its agenda, adopt by a two-thirds
majority draft amendments to paragraph 1 of this Article;
(b) any such draft amendment shall, within the period of one
year, or, in exceptional circumstances, of eighteen momths,
from the closing of the session of the Conference, be
submitted in India to the authority or authorities within whose
competence the matter lies, for the enactment of legislation
or other action;
Article 12
1. A Member which has ratified this Convention may denounce
it after the expiration of ten years from the date on which the
Convention first comes into force, by an act communicated to
the Director-General of the International Labour Office for
registration. Such denunciation shall not take effect until one
year after the date on which it is registered.
2. Each Member which has ratified this Convention and which
does not, within the year following the expiration of the period
of ten years mentioned in the preceding paragraph, exercise
the right of denunciation provided for in this Article, will be
bound for another period of ten years and, thereafter, may
denounce this Convention at the expiration of each period of
ten years under the terms provided for in this Article.
Article 13
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organisation of
the registration of all ratifications and denunciations
communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the

(c) India will, if it obtains the consent of the authority or
registration of the second ratification communicated to him,
authorities within whose competence the matter lies,
the Director-General shall draw the attention of the Members
communicate the formal ratification of the amendment to the
of the Organisation to the date upon which the Convention will
Director-General of the International Labour Office for
come into force.
registration;

(d) any such draft amendment shall take effect as an
amendment to this Convention on ratification by India.
PART III. FINAL ARTICLES
Article 9
Nothing in this Convention shall affect any law, award, custom
or agreement between employers and workers which ensures
more favourable conditions than those provided by this
Convention.
Article 10
The formal ratifications of this Convention shall be
communicated to the Director-General of the International
Labour Office for registration.
Article 14
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations
for registration in accordance with Article 102 of the Charter
of the United Nations full particulars of all ratifications and
acts of denunciation registered by him in accordance with the
provisions of the preceding Articles.
Article 15
At such times as it may consider necessary the Governing
Body of the International Labour Office shall present to the
General Conference a report on the working of this Convention
and shall examine the desirability of placing on the agenda of
the Conference the question of its revision in whole or in part.
Article 16

Article 11 1. Should the Conference adopt a new Convention revising

this Convention in whole or in part, then, unless the new
Convention otherwise provides:
1. This Convention shall be binding only upon those Members
of the International Labour Organisation whose ratifications
have been registered with the Director-General. a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this
Convention, notwithstanding the provisions of Article 12
2. It shall come into force twelve months after the date on
above, if and when the new revising Convention shall have
which the ratifications of two Members have been registered
come into force;
with the Director-General.

b) as from the date when the new revising Convention comes

3. Thereafter, this Convention shall come into force for any
into force this Convention shall cease to be open to ratification
Member twelve months after the date on which its ratification
by the Members.
has been registered.
2. This Convention shall in any case remain in force in its
actual form and content for those Members which have
ratified it but have not ratified the revising Convention.
Article 17
The English and French versions of the text of this Convention
are equally authoritative.
C90 Night Work of Young Persons (Industry)
Convention (Revised), 1948
Convention concerning the Night Work of Young Persons
Employed in Industry (Revised 1948) (Note: Date of coming
into force: 12:06:1951.)
Convention:C090
Place:(San Francisco)
Session of the Conference:31
Date of adoption:10:07:1948
Subject classification: Night Work
Subject: Elimination of Child Labour and Protection of
Children and Young Persons
See the ratifications for this Convention
Display the document in: French Spanish
Status: Instrument to be revised
The General Conference of the International Labour
Organisation,
Having been convened at San Francisco by the Governing
Body of the International Labour Office, and having met in its
Thirty-first Session on 17 June 1948, and
Having decided upon the adoption of certain proposals with
regard to the partial revision of the Night Work of Young
Persons (Industry) Convention, 1919, adopted by the
Conference at its First Session, which is the tenth item on the
agenda of the session, and
Considering that these proposals must take the form of an
international Convention,
adopts this tenth day of July of the year one thousand nine
hundred and forty-eight the following Convention, which may
be cited as the Night Work of Young Persons (Industry)
Convention (Revised), 1948:
PART I. GENERAL PROVISIONS
Article 1
1. For the purpose of this Convention, the term industrial
undertaking includes particularly:
(a) mines, quarries, and other works for the extraction of
minerals from the earth;
(b) undertakings in which articles are manufactured, altered,
cleaned, repaired, ornamented, finished, adapted for sale,
broken up or demolished, or in which materials are
transformed, including undertakings engaged in shipbuilding
or in the generation, transformation or transmission of
electricity or motive power of any kind;
(c) undertakings engaged in building and civil engineering
work, including constructional, repair, maintenance, alteration
and demolition work;
(d) undertakings engaged in the transport of passengers or
goods by road or rail, including the handling of goods at
docks, quays, wharves, warehouses or airports.
2. The competent authority shall define the line of division
which separates industry from agriculture, commerce and
other non-industrial occupations.
3. National laws or regulations may exempt from the
application of this Convention employment on work which is
not deemed to be harmful, prejudicial, or dangerous to young
persons in family undertakings in which only parents and their
children or wards are employed.
Article 2
1. For the purpose of this Convention the term night signifies
a period of at least twelve consecutive hours.
2. In the case of young persons under sixteen years of age,
this period shall include the interval between ten o'clock in
the evening and six o'clock in the morning.
3. In the case of young persons who have attained the age of
sixteen years but are under the age of eighteen years, this
period shall include an interval prescribed by the competent
authority of at least seven consecutive hours falling between
ten o'clock in the evening and seven o'clock in the morning;
the competent authority may prescribe different intervals for
different areas, industries, undertakings or branches of
industries or undertakings, but shall consult the employers'
and workers' organisations concerned before prescribing an
interval beginning after eleven o'clock in the evening.
Article 3
1. Young persons under eighteen years of age shall not be
employed or work during the night in any public or private
industrial undertaking or in any branch thereof except as
hereinafter provided for.
2. For purposes of apprenticeship or vocational training in
specified industries or occupations which are required to be
carried on continuously, the competent authority may, after
consultation with the employers' and workers' organisations
concerned, authorise the employment in night work of young
persons who have attained the age of sixteen years but are
under the age of eighteen years.
3. Young persons employed in night work in virtue of the
preceding paragraph shall be granted a rest period of at least
thirteen consecutive hours between two working periods.
4. Where night work in the baking industry is prohibited for all
workers, the interval between nine o'clock in the evening and
four o'clock in the morning may, for purposes of
apprenticeship or vocational training of young persons who
have attained the age of sixteen years, be substituted by the
competent authority for the interval of at least seven
consecutive hours falling between ten o'clock in the evening
and seven o'clock in the morning prescribed by the authority
in virtue of paragraph 3 of Article 2.
Article 4
1. In countries where the climate renders work by day
particularly trying, the night period and barred interval may
be shorter than that prescribed in the above articles if
compensatory rest is accorded during the day.
2. The provisions of Articles 2 and 3 shall not apply to the
night work of young persons between the ages of sixteen and
eighteen years in case of emergencies which could not have
been controlled or foreseen, which are not of a periodical
character, and which interfere with the normal working of the
industrial undertaking.
Article 5
The prohibition of night work may be suspended by the
government, for young persons between the ages of sixteen
and eighteen years, when in case of serious emergency the
public interest demands it.
Article 6
1. The laws or regulations giving effect to the provisions of
this Convention shall:
(a) make appropriate provision for ensuring that they are
known to the persons concerned;
(b) define the persons responsible for compliance therewith;
(c) prescribe adequate penalties for any violation thereof;
(d) provide for the maintenance of a system of inspection
adequate to ensure effective enforcement; and
(e) require every employer in a public or private industrial
undertaking to keep a register, or to keep available official
records, showing the names and dates of birth of all persons
under eighteen years of age employed by him and such other
pertinent information as may be required by the competent
authority.
2. The annual reports submitted by Members under Article 22
of the Constitution of the International Labour Organisation
shall contain full information concerning such laws and
regulations and a general survey of the results of the
inspections made in accordance therewith.
PART II. SPECIAL PROVISIONS FOR CERTAIN COUNTRIES
Article 7
1. Any Member which, before the date of the adoption of the
laws or regulations permitting the ratification of this
Convention, had laws or regulations restricting the night work
of young persons in industry which provide for an age-limit
lower than eighteen years may, by a declaration
accompanying its ratification, substitute an age-limit lower
than eighteen years, but in no case lower than sixteen years,
for the age-limit prescribed in paragraph 1 of Article 3.
2. Any Member which has made such a declaration may at
any time cancel that declaration by a subsequent declaration.
3. Every Member for which a declaration made in virtue of
paragraph 1 of this Article is in force shall indicate each year
in its annual report upon the application of this Convention the
extent to which any progress has been made with a view to
the full application of the provisions of the Convention.
Article 8
1. The provisions of Part I of this Convention shall apply to
India subject to the modifications set forth in this Article.
2. The said provisions shall apply to all territories in respect of
which the Indian legislature has jurisdiction to apply them.
3. The term industrial undertaking shall include:
a) factories as defined in the Indian Factories Act;
b) mines to which the Indian Mines Act applies;
c) railways and ports.
4. Article 2, paragraph 2, shall apply to young persons who
have attained the age of thirteen years but are under the age
of fifteen years.
5. Article 2, paragraph 3, shall apply to young persons who
have attained the age of fifteen years but are under the age
of seventeen years.
6. Article 3, paragraph 1, and Article 4, paragraph 1, shall
apply to young persons under the age of seventeen years.
7. Article 3, paragraphs 2, 3 and 4, Article 4, paragraph 2, and
Article 5 shall apply to young persons who have attained the
age of fifteen years but are under the age of seventeen years.
8. Article 6, paragraph 1 (e), shall apply to young persons
under the age of seventeen years.
Article 9
1. The provision of Part I of this Convention shall apply to
Pakistan subject to the modifications set forth in this Article.
2. The said provisions shall apply to all territories in respect of
which the Pakistan legislature has jurisdiction to apply them.
3. The term industrial undertaking shall include:
a) factories as defined in the Factories Act;
b) mines to which the Mines Act applies;
c) railways and ports.
4. Article 2, paragraph 2, shall apply to young persons who
have attained the age of thirteen yers but are under the age
of fifteen years.
5. Article 2, paragraph 3, shall apply to young persons who
have attained the age of fifteen years but are under the age
of seventeen years.
6. Article 3, paragraph 1, and Article 4, paragraph 1, shall
apply to young persons under the age of seventeen years.
7. Article 3, paragraphs 2, 3 and 4, Article 4, paragraph 2, and
Article 5 shall apply to young persons who have attained the
age of fifteen years but are under the age of seventeen years.
8. Article 6, paragraph 1 (e), shall apply to young persons
under the age of seventeen years.
Article 10
1. The International Labour Conference may, at any session at
which the matter is included in its agenda, adopt by a two-
thirds majority draft amendments to any one or more of the
preceding articles of Part II of this Convention.
2. Any such draft amendment shall state the Member or
Members to which it applies and shall, within the period of one
year or, in exceptional circumstances, of eighteen months
from the closing of the session of the Conference, be
submitted by the Member or Members to which it applies to
the authority or authorities within whose competence the
matter lies, for the enactment of legislation or other action.
3. Each such Member will, if it obtains the consent of the
authority or authorities within whose competence the matter
lies, communicate the formal ratification of the amendment to
the Director-General of the International Labour Office for
registration.
4. Any such draft amendment shall take effect as an
amendment to this Convention on ratification by the Member
or Members to which it applies.
PART III. FINAL PROVISIONS
Article 11
The formal ratifications of this Convention shall be
communicated to the Director-General of the International
Labour Office for registration.
Article 12
1. This Convention shall be binding only upon those Members
of the International Labour Organisation whose ratifications
have been registered with the Director-General.
2. It shall come into force twelve months after the date on
which the ratifications of two Members have been registered
with the Director-General.
3. Thereafter, this Convention shall come into force for any
Member twelve months after the date on which its
ratifications has been registered.
Article 13
1. A Member which has ratified this Convention may denounce
it after the expiration of ten years from the date on which the
Convention first comes into force, by an act communicated to
the Director-General of the International Labour Office for
registration. Such denunciation shall not take effect until one
year after the date on which it is registered.
2. Each Member which has ratified this Convention and which
does not, within the year following the expiration of the period
of ten years mentioned in the preceding paragraph, exercise
the right of denunciation provided for in this Article, will be
bound for another period of ten years and, thereafter, may
denounce this Convention at the expiration of each period of
ten years under the terms provided for in this Article.
Article 14
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organisation of
the registration of all ratifications, declarations and
denunciations communicated to him by the Members of the
Organisation.
2. When notifying the Members of the Organisation of the
registration of the second ratification communicated to him,
the Director-General shall draw the attention of the Members
of the Organisation to the date upon which the Convention will
come into force.
Article 15
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations
for registration in accordance with Article 102 of the Charter
of the United Nations full particulars of all ratifications,
declarations and acts of denunciation registered by him in
accordance with the provisions of the preceding articles.
Article 16
At such times as it may consider necessary the Governing
Body of the International Labour Office shall present to the
General Conference a report on the working of this Convention
and shall examine the desirability of placing on the agenda of
the Conference the question of its revision in whole or in part.
Article 15
1. Should the Conference adopt a new Convention revising
this Convention in whole or in part, then, unless the new
Convention otherwise provides:
a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this
Convention, notwithstanding the provisions of Article 13
above, if and when the new revising Convention shall have
come into force;
b) as from the date when the new revising Convention comes
into force this Convention shall cease to be open to ratification
by the Members.
2. This Convention shall in any case remain in force in its
actual form and content for those Members which have
ratified it but have not ratified the revising Convention.
Article 18
The English and French versions of the text of this Convention
are equally authoritative.
R80 Night Work of Young Persons (Non-Industrial
Occupations) Recommendation, 1946
Recommendation concerning the Restriction of Night Work of
Children and Young Persons in Non-Industrial Occupations
Recommendation:R080
Place:Montreal
Session of the Conference:29
Date of adoption=09:10:1946
Subject classification: Night Work
Subject: Elimination of Child Labour and Protection of
Children and Young Persons
Display the document in: French Spanish
Status: Instrument to be revised
The General Conference of the International Labour
Organisation,
Having been convened at Montreal by the Governing Body of
the International Labour Office and having met in its Twenty-
ninth Session on 19 September 1946, and
Having decided upon the adoption of certain proposals with
regard to the restriction of night work of children and young
persons in non-industrial occupations, which is included in the
third item on the agenda of the Session, and
Having adopted a Convention on this subject and having
decided to supplement this Convention by a
Recommendation,
adopts this ninth day of October of the year one thousand
nine hundred and forty-six, the following Recommendation,
which may be cited as the Night Work of Young Persons (Non-
Industrial Occupations) Recommendation, 1946:
Whereas the Night Work of Young Persons (Non-Industrial
Occupations) Convention, 1946, lays down the basis for
legislative protection against the dangers of night work in
non-industrial occupations in which large numbers of young
workers are engaged;
Whereas although, on account of the great diversity of
employments to which its provisions apply and on account of
the different traditions and circumstances peculiar to each
country, the Convention leaves it to national laws and
regulations to adapt for each given country the
implementation of the standards laid down therein, it is
nevertheless desirable to ensure as uniform application as
possible of the Convention; and
Whereas it is desirable that account should be taken of certain
methods which have been found to give satisfactory results
and which may accordingly be a guide to the Members of the
Organisation;
The Conference recommends that each Member should apply
the following provisions as rapidly as national conditions allow
and report to the International Labour Office as requested by
the Governing Body concerning the measures taken to give
effect thereto:
I. Scope of the Regulations
1. The provisions of the Night Work of Young Persons (Non-
Industrial Occupations) Convention, 1946, should be applied
to all occupations which are carried on in or in connection with
the following undertakings or services, whether public or
private:
(a) commercial establishments, including delivery services;
(b) postal and telecommunication services, including delivery
services;
(c) establishments and administrative services in which the
persons employed are mainly engaged in clerical work;
(d) newspaper undertakings (editing, distribution, delivery
services and the sale of newspapers in the streets or in places
to which the public have access);
(e) hotels, boarding-houses, restaurants, clubs, cafés and
other refreshment houses;
(f) establishments for the treatment and care of the sick,
infirm or destitute and of orphans;
(g) theatres and places of public entertainment;
(h) itinerant trading, the hawking of objects of all kinds, and
any other occupation or service carried on in the streets or in
places to which the public have access;
(i) all other jobs, occupations or services which are neither
industrial nor agricultural nor maritime.
2. Without prejudice to the discretion which the Night Work of
Young Persons (Non-Industrial Occupations) Convention, 1946,
leaves to Members to exempt from its application domestic
service carried on for wages or earnings in a private
household and employment on work which is not deemed to
be harmful, prejudicial or dangerous to children or young
persons in family undertakings in which only parents and their
children or wards are engaged, the attention of Members is
drawn to the desirability of:
(a) adopting appropriate legislative and administrative
measures for restricting the night work of children and young
persons under eighteen years of age who are engaged in
domestic service;
(b) extending to all undertakings carried on for profit, without
consideration of the family relationship existing between the
persons engaged in them, the application of the regulations
concerning the restriction of night work in non-industrial
occupations.
II. Employment in Public Entertainment
3. Where local authorities are empowered, in virtue of the
provisions of Article 5 of the Night Work of Young Persons
(Non-Industrial Occupations) Convention, 1946, to grant
individual licences to children and young persons allowing
them to appear at night as performers in public
entertainments or to participate at night as performers in the
making of cinematographic films, supervisory control over the
issuing of such licences should be vested in a higher authority
to which the persons concerned may appeal either against the
refusal of the licence or against any of the conditions imposed
therein.
4. Licences should be issued for limited periods and should be
subject to all the conditions necessary in the circumstances of
each case for the protection of the child or young person.
5. Licences should be granted for children under fourteen
years of age only in exceptional cases in which they are
justified by the need of vocational training or the talent of the
child and should be subject to the following conditions:
(a) such licences should be restricted as a rule to children who
are attending institutions for dramatic or musical instruction;
(b) employment at night should be limited as far as possible
to three evenings a week or to an average of three evenings a
week calculated over a longer period;
(c) employment should cease by ten o'clock in the evening or
a rest period of sixteen consecutive hours should be granted.
III. Methods of Supervision
6. While respecting the principle laid down in paragraph 12 of
the Labour Inspection Recommendation, 1923, according to
which the inspectorate should include men and women having
the same powers and duties and exercising the same
authority, it is desirable to take into account the experience of
certain countries which have found it particularly satisfactory
to entrust to women inspectors the enforcement of laws and
regulations for the protection of young workers.
7. In addition to regular inspection to ensure compliance with
the laws and regulations for the protection of young workers,
special attention should be given, in order to achieve effective
application of the provisions of the Night Work of Young
Persons (Non-Industrial Occupations) Convention, 1946, as
regards non-industrial activities carried on in a great number
of small and scattered undertakings, to the investigation of
alleged violations of the law reported by the public, and more
particularly immediate action should be taken upon
complaints lodged by the parents of the child or young
person.
8. When deciding on the form of document which the
employer shall be required by law to keep for the purpose of
furnishing the inspection services with the means of
supervising the enforcement of the regulations restricting
night work, it is desirable to take into consideration the
advantages of the work permit or the workbook which, as they
must be issued or officially stamped on each change of
employment, make it easy to identify the young worker,
provide proof of age and fix his conditions of work, including
working hours.
9.
(1) In order to facilitate the identification by official
supervisory services of young itinerant workers protected by
the laws or regulations concerning night work--
(a) young itinerant workers working for wages should carry on
their person a document and a badge which will permit their
identification outside the undertaking, in addition to the
documents kept by the employer;
(b) young itinerant workers working on their own account or
on account of their parents should carry on their person a
document authorising their employment and a badge which
will permit their identification.
(2) Young itinerant workers under eighteen years of age
should be provided with a work permit or an individual licence
containing--
(a) the name, age and address of the child or young person;
(b) the photograph or signature of the child or young person
or other means of identification and his permit or licence
number;
(c) if the child or young person is employed for wages, the
name and address of the employer and his hours of work; and
(d) if the child or young person is working on his own account
or on account of his parents, the name and address of his
parents and their authorisation.
(3) It is desirable that the work permit or individual licence
should be issued by a service under the labour department.
(4) A young itinerant worker should be obliged to wear the
badge which bears his permit or licence number so that it will
be readily visible.
(5) The full co-operation of local authorities, and particularly
that of the preventive police, if such exists, of educational
authorities and of child welfare authorities, with inspection
services, should be obtained in order to ensure supervision of
the working hours of young itinerant workers and the
enforcement of the laws and regulations relating to night
work.
(6) The employer should be held legally responsible for
violations of the laws or regulations, and in particular for any
disproportion between the volume of work to be required and
the time available for its performance during permitted
working hours; the employer should be given the opportunity
to vindicate his good faith if he exercised all due diligence to
prevent the violation.
(7) Parents should, after previous warning, be held legally
responsible for violations of the laws or regulations when the
occupation is carried on on their account or with their
authorisation.
R14 Night Work of Children and Young Persons
(Agriculture) Recommendation, 1921
Recommendation concerning Night Work of Children and
Young Persons in Agriculture
Recommendation:R014
Place:Geneva
Session of the Conference:3
Date of adoption=15:11:1921
Subject classification: Night Work
Subject: Elimination of Child Labour and Protection of
Children and Young Persons
Display the document in: French Spanish
Status: Instrument to be revised
The General Conference of the International Labour
Organisation,
Having been convened at Geneva by the Governing Body of
the International Labour Office, and having met in its Third
Session on 25 October 1921, and
Having decided upon the adoption of certain proposals with
regard to the employment of children and young persons in
agriculture during the night, which is included in the third item
of the agenda of the Session, and
Having decided that these proposals shall take the form of a
Recommendation,
adopts the following Recommendation, which may be cited as
the Night Work of Children and Young Persons (Agriculture)
Recommendation, 1921, to be submitted to the Members of
the International Labour Organisation for consideration with a
view to effect being given to it by national legislation or
otherwise, in accordance with the provisions of the
Constitution of the International Labour Organisation:
The General Conference of the International Labour
Organisation recommends:
I their physical necessities and consisting of not less than nine
That each Member of the International Labour Organisation
take steps to regulate the employment of children under the
age of fourteen years in agricultural undertakings during the
night, in such a way as to ensure to them a period of rest
compatible with their physical necessities and consisting of
not less than ten consecutive hours.
II
That each Member of the International Labour Organisation
take steps to regulate the employment of young persons
between the ages of fourteen and eighteen years in
agricultural undertakings during the night, in such a way as to
ensure to them a period of rest compatible with their physical
necessities and consisting of not less than nine consecutive
hours.
R13 Night Work of Women (Agriculture)
Recommendation, 1921
Recommendation concerning Night Work of Women in
Agriculture
Recommendation:R013
Place:Geneva
Session of the Conference:3
Date of adoption=15:11:1921
Subject classification: Night Work
Subject: Working Time
Display the document in: French Spanish
Status: Instrument subject to a request for information
The General Conference of the International Labour
Organisation,
Having been convened at Geneva by the Governing Body of
the International Labour Office, and having met in its Third
Session on 25 October 1921, and
Having decided upon the adoption of certain proposals with
regard to the night work of women in agriculture, which is
included in the third item of the agenda of the Session, and
Having decided that these proposals shall take the form of a
Recommendation,
adopts the following Recommendation, which may be cited as
the Night Work of Women (Agriculture) Recommendation,
1921, to be submitted to the Members of the International
Labour Organisation for consideration with a view to effect
being given to it by national legislation or otherwise, in
accordance with the provisions of the Constitution of the
International Labour Organisation:
The General Conference of the International Labour
Organisation recommends:
That each Member of the International Labour Organisation
take steps to regulate the employment of women wage-
earners in agricultural undertakings during the night in such a
way as to ensure to them a period of rest compatible with
hours, which shall, when possible, be consecutive.