Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee notes the Government’s report on the adoption of the Protection of Young Persons at Work Law No. 48(I) 2001.

Exemptions from the prohibition of night work. The Committee notes that section 13(1) of Law No. 48(I) of 2001 provides that work by young persons is prohibited between 11 p.m. and 7 a.m., irrespective of the nature of the work. It notes that subsection 2 of the same provision permits a young person to work between 11 p.m. and 7 a.m. for the purposes and under the conditions determined by regulation. Under the terms of section 2 of the Law, the term young person means any young person of 15 years of age but under 18 years. The Committee reminds the Government that the Convention permits the competent authority to suspend the prohibition of night work solely for young persons between the ages of 16 and 18 years, and only in the following cases: (a) for purposes of apprenticeship or vocational training in specified industries or occupations which are required to be carried on continuously, after consultation with the employers’ and workers’ organizations concerned (Article 3, paragraph 2, of the Convention); (b) in case of emergencies which could not have been controlled or foreseen, which are not of a periodical nature, and which interfere with the normal working of the industrial enterprise (Article 4, paragraph 2); (c) when in case of serious emergency the public interest demands it (Article 5). The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that exemptions from the prohibition of night work of young persons can only be authorized for young persons between 16 and 18 years of age and under the conditions set out in the above provisions. The Committee also requests the Government to indicate whether regulations permitting night work by young persons between 11 p.m. and 7 a.m. have been adopted and, if so, to provide a copy thereof.