TNAG-0125-FCO40-161-Labour-force-working-conditions-1969 — Page 81

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The 48 countries which are signatory to the "Convention as shown in a tabulation published in August 1968, grouped by continents, are listed below:

Africa: Algeria, Burundi, Congo, Ghana, Republic of Guinea, Kenya, Libya, Malawi, Malta, Rwanda, Senegal, South Africa, Tunisia, United Arab Republic, Zambia;

America: Brazil, Costa Rica, Cuba, Dominican Republic, Guatamala, Paraguay, Uruginay;

Asia: Ceylon, Cyprus, India, Iraq, Kuwait, Lebanon, Mauritania, Pakistan, Philippines, Syria, Vitnam;

Australasia: New Zealand;

Europe: Austria, Belgium, Czechoslavakia, France, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Rumania, Spain, Switzerland, Yugoslavia.

It may be noted that neither the United Kingdom nor

U.S.A. is a signatory.

Besides, many countries, important export-wise, such as West Germany, Japan, Nationalist China, South Korea, Canada and Australia, Singapore, Malaya, have not signed this Convention.

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II.

Actual Statutory Disposition In Various Countries

Government policies and regulations with respect to

night work of women vary in different countries. A country having not ratified "Convention 89" does not necessarily mean its endorse- ment of a policy of permitting women to work in industrial undertakings during night hours. The United Kingdom is a case in point. The present U.K. practice is largely in consonance with the provisions of Convention 89. Within its borders and in all its territories and dependencies, women are not permitted to do night work except in cases as specified in the Convention.

In U.S.A. where there is a constitutional separation of state and federal powers, the regulation of conditions of work lies within the jurisdiction of the States, so that practices in this regard are not uniform throughout the country. In those Statcs where the textile industry makes up an important segment of economy, state law is said to impose as a rule no ban on night work for women. This could explain why the federal government is in no position to ratify "Convention 89".

A recent checkup on labour legislation prevailing in countries of Asia and Europe has brought out one generally accepted feature in that regulations pertaining to the subject of women for night work usually provide for the delegation of discretionary power to some designated authority to grant special exemptions to industrial undertakings from the ban on night work by women.

To name countries where the special authorization clause is adopted, Malaya, Singapore, Nationalist China, Thailand and South Korea are prominent examples. For such authorization Malaya requires a majority vote of Legislature, while in Singapore ministerial approval is sufficient.·

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