C171 - Night Work Convention, 1990 (No.

 171) Noting the provisions of the Discrimination (Employment and Occupation)

Convention concerning Night Work (Entry into force: 04 Jan 1995) Adoption:
Convention, 1958, and
Geneva, 77th ILC session (26 Jun 1990) - Status: Up-to-date instrument
(Technical Convention).Convention may be denounced: 04 Jan 2025 - 04 Jan
Noting the provisions of the Maternity Protection Convention (Revised), 1952, and
2026

Preamble Having decided upon the adoption of certain proposals with regard to night work,

which is the fourth item on the agenda of the session, and

The General Conference of the International Labour Organisation,
Having determined that these proposals shall take the form of an international
Having been convened at Geneva by the Governing Body of the International Convention,
Labour Office, and having met in its 77th Session on 6 June 1990, and
adopts this twenty-sixth day of June of the year one thousand nine hundred and
Noting the provisions of international labour Conventions and Recommendations ninety the following Convention, which may be cited as the Night Work Convention,
on the night work of children and young persons, and specifically the provisions in 1990:
the Night Work of Young Persons (Non-Industrial Occupations) Convention and Article 1

Recommendation, 1946, the Night Work of Young Persons (Industry) Convention

For the purposes of this Convention:
(Revised), 1948, and the Night Work of Children and Young Persons (Agriculture)

Recommendation, 1921, and  (a) the term night work means all work which is performed during a

period of not less than seven consecutive hours, including the interval from
Noting the provisions of international labour Conventions and Recommendations
midnight to 5 a.m., to be determined by the competent authority after
on night work of women, and specifically the provisions in the Night Work (Women)
consulting the most representative organisations of employers and workers
Convention (Revised), 1948, and the Protocol of 1990 thereto, the Night Work of
or by collective agreements;
Women (Agriculture) Recommendation, 1921, and Paragraph 5 of the Maternity
 (b) the term night worker means an employed person whose work
Protection Recommendation, 1952, and
requires performance of a substantial number of hours of night work which

exceeds a specified limit. This limit shall be fixed by the competent authority
 after consulting the most representative organisations of employers and  2. The measures referred to in paragraph 1 above may be applied

workers or by collective agreements. progressively.

Article 2 Article 4

 1. This Convention applies to all employed persons except those  1. At their request, workers shall have the right to undergo a health

employed in agriculture, stock raising, fishing, maritime transport and inland assessment without charge and to receive advice on how to reduce or avoid health

navigation. problems associated with their work:

 2. A Member which ratifies this Convention may, after consulting the  (a) before taking up an assignment as a night worker;

representative organisations of employers and workers concerned, exclude wholly

 (b) at regular intervals during such an assignment;
or partly from its scope limited categories of workers when the application of the
 (c) if they experience health problems during such an
Convention to them would raise special problems of a substantial nature.
assignment which are not caused by factors other than the performance of
 3. Each Member which avails itself of the possibility afforded in paragraph
night work.
2 of this Article shall, in its reports on the application of the Convention under
 2. With the exception of a finding of unfitness for night work, the findings
article 22 of the Constitution of the International Labour Organisation, indicate the
of such assessments shall not be transmitted to others without the workers'
particular categories of workers thus excluded and the reasons for their exclusion.
consent and shall not be used to their detriment.
It shall also describe all measures taken with a view to progressively extending the
Article 5
provisions of the Convention to the workers concerned.
Article 3 Suitable first-aid facilities shall be made available for workers performing night

work, including arrangements whereby such workers, where necessary, can be

 1. Specific measures required by the nature of night work, which shall
taken quickly to a place where appropriate treatment can be provided.
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 Article 6

responsibilities, provide opportunities for occupational advancement, and  1. Night workers certified, for reasons of health, as unfit for night work

compensate them appropriately. Such measures shall also be taken in the fields of shall be transferred, whenever practicable, to a similar job for which they are fit.

safety and maternity protection for all workers performing night work.
 2. If transfer to such a job is not practicable, these workers shall be  2. The measures referred to in paragraph 1 of this Article may include

granted the same benefits as other workers who are unable to work or to secure transfer to day work where this is possible, the provision of social security benefits

employment. or an extension of maternity leave.

 3. A night worker certified as temporarily unfit for night work shall be given  3. During the periods referred to in paragraph 1 of this Article:

the same protection against dismissal or notice of dismissal as other workers who
 (a) a woman worker shall not be dismissed or given notice of
are prevented from working for reasons of health.
dismissal, except for justifiable reasons not connected with pregnancy or
Article 7
childbirth;
 1. Measures shall be taken to ensure that an alternative to night work is
 (b) the income of the woman worker shall be maintained at a
available to women workers who would otherwise be called upon to perform such
level sufficient for the upkeep of herself and her child in accordance with a
work:
suitable standard of living. This income maintenance may be ensured by any
 (a) before and after childbirth, for a period of at least sixteen
of the measures listed in paragraph 2 of this Article, by other appropriate
weeks of which at least eight weeks shall be before the expected date of
measures or by a combination of these measures;
childbirth;
 (c) a woman worker shall not lose the benefits regarding status,
 (b) for additional periods in respect of which a medical certificate
seniority and access to promotion which may attach to her regular night work
is produced stating that it is necessary for the health of the mother or child:
position.

 (i) during pregnancy;

 4. The provisions of this Article shall not have the effect of reducing the

 (ii) during a specified time beyond the period after protection and benefits connected with maternity leave.

childbirth fixed pursuant to subparagraph (a) above, the length of Article 8

which shall be determined by the competent authority after consulting Compensation for night workers in the form of working time, pay or similar benefits

the most representative organisations of employers and workers. shall recognise the nature of night work.

Article 9
 Appropriate social services shall be provided for night workers and, where The formal ratifications of this Convention shall be communicated to the Director-

necessary, for workers performing night work. General of the International Labour Office for registration.

Article 10 Article 13

 1. Before introducing work schedules requiring the services of night  1. This Convention shall be binding only upon those Members of the

workers, the employer shall consult the workers' representatives concerned on the International Labour Organisation whose ratifications have been registered with the

details of such schedules and the forms of organisation of night work that are best Director-General.

adapted to the establishment and its personnel as well as on the occupational

 2. It shall come into force twelve months after the date on which the
health measures and social services which are required. In establishments
ratifications of two Members have been registered with the Director-General.
employing night workers this consultation shall take place regularly.
 3. Thereafter, this Convention shall come into force for any Member
 2. For the purposes of this Article the workers' representatives means
twelve months after the date on which its ratification has been registered.
persons who are recognised as such by national law or practice, in accordance Article 14
with the Workers' Representatives Convention, 1971.
 1. A Member which has ratified this Convention may denounce it after the
Article 11
expiration of ten years from the date on which the Convention first comes into
 1. The provisions of this Convention may be implemented by laws or
force, by an act communicated to the Director-General of the International Labour
regulations, collective agreements, arbitration awards or court decisions, a
Office for registration. Such denunciation shall not take effect until one year after
combination of these means or in any other manner appropriate to national
the date on which it is registered.
conditions and practice. In so far as they have not been given effect by other
 2. Each Member which has ratified this Convention and which does not,
means, they shall be implemented by laws or regulations.
within the year following the expiration of the period of ten years mentioned in the
 2. Where the provisions of this Convention are implemented by laws or
preceding paragraph, exercise the right of denunciation provided for in this Article,
regulations, there shall be prior consultation with the most representative
will be bound for another period of ten years and, thereafter, may denounce this
organisations of employers and workers.
Convention at the expiration of each period of ten years under the terms provided
Article 12
for in this Article.
 Article 15
 1. Should the Conference adopt a new Convention revising this
 1. The Director-General of the International Labour Office shall notify all
Convention in whole or in part, then, unless the new Convention otherwise
Members of the International Labour Organisation of the registration of all
provides:
ratifications and denunciations communicated to him by the Members of the
 (a) the ratification by a Member of the new revising Convention
Organisation.
shall ipso jure involve the immediate denunciation of this Convention,
 2. When notifying the Members of the Organisation of the registration of
notwithstanding the provisions of Article 14 above, if and when the new
the second ratification communicated to him, the Director-General shall draw the
revising Convention shall have come into force;
attention of the Members of the Organisation to the date upon which the
 (b) as from the date when the new revising Convention comes
Convention will come into force.
Article 16 into force this Convention shall cease to be open to ratification by the

Members.
The Director-General of the International Labour Office shall communicate to the

Secretary-General of the United Nations for registration in accordance with Article  2. This Convention shall in any case remain in force in its actual form and

102 of the Charter of the United Nations full particulars of all ratifications and acts content for those Members which have ratified it but have not ratified the revising

of denunciation registered by him in accordance with the provisions of the Convention.

preceding Articles. Article 19

Article 17 The English and French versions of the text of this Convention are equally

authoritative.
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