Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report. It notes with interest the adoption of Act No. 1680 of 30 May 2001 incorporating the Children’s and Young Persons’ Code (hereafter Children’s and Young Persons’ Code) and Decree No. 4951 of 22 March 2005 setting out a list of 19 types of dangerous work prohibited for children under 18 years of age (hereafter Decree No. 4951 of 22 March 2005).

Article 3 of the Convention. Period during which it is forbidden to work at night. In its previous comments, the Committee noted that under section 122 of Act No. 213 issuing the Labour Code (hereafter Labour Code), as amended by Act No. 496 of 22 August 1995, young persons between 15 and 18 years of age shall not be employed at night for a period of ten hours including the interval between 8 p.m. and 6 a.m. The Committee also noted that section 189 of Act
No. 903 of 18 December 1981 issuing the Young Persons’ Code (hereafter Young Persons’ Code) prohibits young persons under 18 years of age from performing work at night between 8 p.m. and 5 a.m., namely a period of nine hours. The Committee noted at that time that these two provisions were not in compliance with Article 3 of the Convention which prohibits night work for young people between 14 and 18 years of age for a period of 12 consecutive hours, including the interval between 10 p.m. to 6 a.m. The Committee notes with interest that
section 257 of the Children’s and Young Persons’ Code of 2001 repeals these two provisions.

In addition, the Committee notes with satisfaction that, under section 2 of Decree No. 4951 of 22 March 2005, night work during the period between 7 p.m. and 7 a.m. is classed as dangerous and, under section 3 of the Decree, is prohibited for children under 18 years of age. The Committee notes, however, that section 58 of the Children’s and Young Persons’ Code regulates night work for young persons by prohibiting such work for persons aged between 14 and
18 years during a period of ten hours, including the interval between 8 p.m. and
6 a.m. Hence, in order to avoid any legal ambiguity, the Committee deems it desirable to align section 58 of the Children’s and Young Persons’ Code so as to bring it into conformity with Decree No. 4951 of 22 March 2005 and with the Convention, by modifying the period during which young persons must not work at night to increase it from ten to 12 hours and requests the Government to take the necessary measures to this end.

The Committee refers also to the comments made on application of Convention No. 90.