Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the various amendments to section 122 of the Labour Code referring to prohibition of night work of young persons.

In 1976, the Committee noted with satisfaction that Act No. 506 of 1974 amended section 122 of the Labour Code so that it complies with the provisions of Articles 2 and 3 of the Convention. Section 122 (amended) stated that persons who are less than 18 years old shall not be employed at night for a period of 12 consecutive hours, which shall include the interval between 10 p.m. and 5 a.m. Persons under 16 years of age could not perform any work during the night between 10 p.m. and 6 a.m. According to the same provision, persons under 15 years of age could not be employed during the night for a period of at least 14 consecutive hours, which included an interval between 8 p.m. and 8 a.m. This provision was included in the new Labour Code of 1993 (Act No. 213/93). Section 122 gave effect to Article 2 of the Convention.

The Committee notes with regret the new amendment of section 122 of the Labour Code, by means of Act No. 496 of 22 August 1995. According to new section 122, young persons between 15 and 18 years of age shall not be employment during the night for a period of time of ten consecutive hours, which shall include the interval between 8 p.m. and 6 a.m. The amendment decreased to ten hours the period of rest of 12 consecutive hours established by the Convention and by section 122 of the Labour Code before being amended by the Act No. 496 of 22 August 1995. Furthermore, the Committee observes that section 189 of the Minor Code (Act No. 903/81) prohibits young persons under 18 years of age to perform night work for a period of nine hours between 8 p.m. and 5 a.m. This provision is in violation of both the national legislation that establishes ten consecutive hours (section 122 of the Labour code) and Article 2 of the Convention that establishes a period of at least 12 consecutive hours.

The Committee observes the legislative regression on the subject of young persons’ protection at a time when night work has been included in the notion of hazardous child labour in Recommendation No. 190 on the worst forms of child labour, and also taking into account the fact that Paraguay ratified Convention No. 182 on the worst forms of child labour in March 2001.

The Committee hopes that the Government will take the necessary legislative measures to bring the legislation into conformity with the Convention by amending section 122 of the Labour Code and section 189 of the Minor Code.

The Committee refers to its comments on the application of the Convention No. 79.

[The Government is asked to supply full particulars to the Conference at its 90th Session and to report in detail in 2002.]