Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 6) sur le travail de nuit des enfants (industrie), 1919 - Algérie (Ratification: 1962)

Autre commentaire sur C006

Observation

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2011

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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 respecting conditions of employment, the term “night work” means any work performed between 9 p.m. and 5 a.m. It also noted that section 28 of the Act respecting conditions of employment prohibits the employment in night work of workers of either sex, aged under 19 years. The Committee noted that the Act respecting conditions of employment 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 Government indicated that the revision of the labour legislation and the preparation of a new Labour Code would provide an opportunity to remedy the legal shortcomings noted in relation to night work. In this respect, 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. in the evening and 5 a.m. in the morning. It observed that the provisions of section 27 of the Act respecting conditions of employment, although complying with the interval provided for by this provision of the Convention (between 9 p.m. and 5 a.m.), does not specify the period during which night work is prohibited, namely for 11 consecutive hours.

The Committee notes the Government’s indication that the concerns raised by the Committee are taken into account in a draft text of the new Labour Code, which is currently being finalized. Observing that the Government has been indicating since 1990 that it would take into account the Committee’s comments, it urges the Government to take the necessary measures in the near future to give full effect to Article 3(1) of the Convention, and accordingly to ensure that the prohibition of night work for children covers in all cases a period of at least 11 consecutive hours, including the interval between 10 p.m. in the evening and 5 a.m. in the morning. It requests the Government to provide information on any progress achieved in this respect as soon as possible.