Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided by the Government in its report.

Article 2, paragraph 1, and Article 3, paragraph 1, of the Convention. Prohibition for young persons under 18 years of age to work at night. In its previous comments, the Committee noted that Act No. 20 of 1982, which in section 13(2) contained a definition of the term “night”, had been repealed by section 353 of Decree No. 2737 of 27 November 1989 issuing the Code on Young Persons [hereinafter, the Code on Young Persons]. It noted that, although
section 242 of the Code on Young Persons prohibits night work by “young persons”, meaning any young person aged between 12 and 18 years working in any occupation, outside the exceptions allowed by law, and who undertake work expressly prohibited by law (section 237), the Code does not contain a definition of the term “night”. The Committee requested the Government to indicate the explicitly to which the legislation gives effect to the Convention on this point.

The Committee notes with interest that, under the terms of section 2(6)(6) of resolution No. 04448 of 2 December 2005, issued under section 245(23) of Decree No. 2737 issuing the Code on Young Persons [hereinafter, resolution
No. 04448 of 2 December 2005], night work between 8 p.m. and 6 a.m. is prohibited, which is in conformity with Article 3, paragraph 1, of the Convention. However, it notes that, by virtue of section 2(6)(6) of resolution No. 04448 of 2 December 2005, this prohibition does not apply to young persons aged 16 and 17 years. The Committee recalls that, under the terms of Article 2, paragraph 1, of the Convention, young persons under 18 years of age shall not be employed during the night in any public or private industrial establishment, or in any branch thereof, other than an establishment in which only members of the same family are employed, except as provided for in the Convention. The Committee requests the Government to provide information on the effect given in practice to
section 2(6)(6) of resolution No. 04448 of 2 December 2005, with an indication of the conditions under which young persons aged 16 and 17 years may be authorized to work at night.