Observación (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

Convenio sobre el trabajo nocturno de los menores (industria), 1919 (núm. 6) - Argelia (Ratificación : 1962)

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Article 3(1) of the Convention. Period during which night work is prohibited. In its previous comments, the Committee noted that, under section 27 of Act No. 90-11 of 21 April 1990 concerning employment relationships (Employment Relationship Act), the term “night work” means any work performed between 9 p.m. and 5 a.m. It also noted that section 28 of the Employment Relationship Act prohibits the employment of workers of either sex under 19 years of age in night work. The Committee noted that the aforementioned Act reiterated the provisions of sections 13 and 14 of Act No. 91-03 of 21 February 1981, on which it had been commenting for many years, as the prohibition of night work for children did not cover a period of at least 11 consecutive hours. The Committee reminded the Government that, under the terms of Article 3(1) of the Convention, the term “night” signifies a period of at least 11 consecutive hours, including the interval between 10 p.m. and 5 a.m.

The Committee notes that the Government reiterates in its report that night work is prohibited for all young persons under 19 years of age and that the legislation is thus in conformity with the Convention. However, the Committee recalls that even though section 27 of the Employment Relationship Act complies with the interval prescribed by the Convention (between 9 p.m. and 5 a.m.), it does not specify the period during which night work is prohibited, namely 11 consecutive hours. Recalling that the Government has been indicating since 1990 that it would take the Committee’s comments into account, the Committee urges the Government to take the necessary steps in the near future to give full effect to Article 3(1) of the Convention and thereby ensure that the prohibition of night work for children in all cases covers a period of at least 11 consecutive hours, including the interval between 10 p.m. and 5 a.m. It requests the Government to provide information as soon as possible on any progress achieved in this respect.

[The Government is asked to reply in full to the present comments in 2018.]