Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee takes note of the Government’s report.

Article 3 of the Convention. Period during which it is forbidden to work at night. In its previous comments, the Committee noted with satisfaction that under section 2 of Decree No. 4951 of 22 March 2005, night work between 7 p.m. and 7 a.m., i.e. a period of 12 hours, is classified as dangerous and that, pursuant to section 3 of the Decree, it is prohibited for children under 18 years of age. It nonetheless noted that section 58 of the Children’s and Young Persons’ Code prohibits night work for children aged 14 to 18 years for a period of ten hours including the interval between 8 p.m. and 6 a.m. In order to avoid any ambiguity in the law, the Committee deemed it advisable to align section 58 with the Children’s and Young Persons’ Code with Decree No. 4951 of 22 March 2005 and the Convention, by introducing an amendment to increase to 12 hours the period during which young persons must not work at night.

While noting the information from the Government that the exceptions allowed by this provision of the Convention have not been used, the Committee again expresses the view that it would be advisable to align section 58 of the Children’s and Young Persons’ Code with Decree No. 4951 of 22 March 2005, the Convention and practice. It requests the Government to take the necessary steps to amend section 58 of the Children’s and Young Persons Code and to establish that the period during which children may not work at night must be 12 hours.