Observación (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

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

Article 2 of the Convention. Period during which night work is prohibited. In its previous comments the Committee noted that, under section 122 of Act
No. 213 issuing the Labour Code (hereinafter Labour Code), as amended by Act No. 496 of 22 August 1995, young people between the ages of 15 and 18 years 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 Minors’ Code (hereinafter Minors’ Code) prohibits young people under 18 years of age from carrying out night work between 8 p.m. and 5 a.m., namely a period of nine hours. The Committee noted that these two provisions are not in conformity with Article 2 of the Convention which provides that the term “night” signifies a period of at least 12 consecutive hours between 10 p.m. and 6 a.m. The Committee notes with interest that
section 257 of the Children’s and Young Persons’ Code 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 for the period between 7 p.m. and 7 a.m. is classed as dangerous and that, under section 3 of the Decree, it is prohibited for young persons under 18 years of age. The Committee notes, however, that section 58 of the Children’s and Young Persons’ Code regulates night work for children by prohibiting work for children between the ages of 14 and 18 years for a period of ten consecutive hours including the interval between 8 p.m. and 6 a.m. In order to avoid any legal ambiguity, the Committee considers it desirable that section 58 of the Children’s and Young Persons’ Code should be brought into line with Decree No. 4951 of 22 March 2005 and with the Convention by increasing from ten to 12 hours the period during which children must not work at night and the Committee requests the Government to take the necessary measures in this regard.

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