Hours of Employment (Conventions) Act 1936

Sections 1 and 4.

SCHEDULE

PART I Night Work (Women) Convention (Revised), 1934

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) Industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including shipbuilding, and the generation, transformation, and transmission of electricity or motive power of any kind;

(c) Construction, reconstruction, maintenance, repair, alteration, or demolition of any building, railway, tramway, harbour, dock, pier, canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, well, telegraphic or telephonic installation, electrical undertaking, gas work, water work, or other work of construction, as well as the preparation for or laying the foundations of any such work or structure.

2 The competent authority in each country shall define the line of division which separates industry from commerce and agriculture.

Article 2

1 For the purpose of this Convention, the term " night " signifies a period of at least eleven consecutive hours, including the interval between ten o'clock in the evening and five o'clock in the morning.

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 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 8

This Convention does not apply to women holding responsible positions of management who are not ordinarily engaged in manual work.

PART II Sheet-Glass Works Convention, 1934

Article 1

1 This Convention applies to persons who work in successive shifts in necessarily continuous operations in sheet-glass works which manufacture by automatic machines sheet-glass or other glass of the same characteristics which only differs from sheet -glass in thickness and other dimensions.

2 By necessarily continuous operations are meant all operations which, on account of the automatic and continuous character of the feeding of the molten glass to the machines and the working of the machines, are necessarily carried on without a break at any time of the day, night or week.

Article 2

1 The persons to whom this Convention applies shall be employed under a system providing for at least four shifts.

2 The hours of work of such persons shall not exceed an average of forty-two per week.

3 This average shall be calculated over a period not exceeding four weeks.

4 The length of a spell of work shall not exceed eight hours.

5 The interval between two spells of work by the same shift shall not be less than sixteen hours ; Provided that this interval may where necessary be reduced on the occasion of the periodical change-over of shifts.

Article 3

1 The limits of hours prescribed in paragraphs 2, 3 and 4 of Article 2 may be exceeded and the interval prescribed in paragraph 5 reduced, but only so far as may be necessary to avoid serious interference with the ordinary working of the undertaking—

(a) in case of accident, actual or threatened, or in case of urgent work to be done to machinery or plant, or in case of force majeure ; or

(b) in order to make good the unforeseen absence of one or more members of a shift.

2 Adequate compensation for all additional hours worked in accordance with this Article shall be granted in such manner as may be determined by national laws or regulations or by agreement between the organisations of employers and workers concerned.

Article 4

In order to facilitate the effective enforcement of the provisions of this Convention every employer shall be required :

(a) to notify, by the posting of notices in conspicuous positions in the works or other suitable place or by such other method as may be approved by the competent authority, the hours at which each shift begins and ends;

(b) not to alter the hours so notified except in such manner and with such notice as may be approved by the competent authority; and

(c) to keep a record in the form prescribed by the competent authority of all additional hours worked in pursuance of Article 3 of this Convention and of the compensation granted in respect thereof.