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Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - Eswatini (Ratification: 1981)

Other comments on C090

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Article 3(2) of the Convention. Night work for the purposes of apprenticeship or vocational training. The Committee had previously noted that section 98(1) of the Employment Act of 1980 provides for an exception to the prohibition of night work for “young persons” (defined in section 2 of the Act as persons who have reached the age of 15 but who are not yet 18) for the purposes of apprenticeship or vocational training. The Committee had reminded the Government that according to Article 3(2) of the Convention, the competent authority may, after consultation with the employers’ and workers’ organizations concerned, authorize the employment in night work of young persons who have attained the age of 16 years, for purposes of apprenticeship or vocational training in specified industries or occupations which are required to be carried on continuously.
The Committee notes that according to section 11(4) of the draft Employment Bill of 2007, young persons who have not attained the age of 16 years may not be employed between the hours of 6 p.m. on one day and 7 a.m. on the following day, except for the purpose of apprenticeship or vocational training approved by the Minister after consultation with the Labour Advisory Board. The Committee notes the Government’s indication that the draft Bill which was submitted before the Parliament for approval was referred back for further revision. The Committee expresses the firm hope that the revision of the draft Employment Bill will be completed soon and that the Bill will be adopted in the near future. It requests the Government to supply a copy, once it has been adopted.
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