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

Article 3, paragraph 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 (hereafter Conditions of Employment Act), the expression “night work” means any work performed between 9 p.m. and 5 a.m. The Committee also noted that section 28 of the Conditions of Employment Act prohibits the employment in night work of workers of either sex aged less than 19 years. The Committee also noted that the Conditions of Employment Act reiterated the provisions of sections 13 and 14 of Act No. 81-03 of 21 February 1981 on which the Committee has been commenting for many years in that the prohibition of night work for children did not cover a period of at least 11 consecutive hours. The Committee noted the information supplied by the Government to the effect that it would take into account the definition of night work during a revision of the Conditions of Employment Act. It requested the Government to indicate the measures taken or envisaged in this revision to ensure that prohibition of night work for children covers in all cases a period of at least 11 consecutive hours.

The Committee notes the information supplied by the Government to the effect that it has taken note of the comments made on night work for children and that all measures will be taken with a view to implementing the provisions of the Convention. In this regard, the Government indicates that revisiting labour legislation and the preparation of a Labour Code will make it possible to remedy the legal gaps concerning night work. The Committee reminds the Government that, under Article 3, paragraph 1, of the Convention, the term “night” signifies a period of at least 11 consecutive hours, including the interval between 10 p.m. and 5 a.m. The Committee observes that the provisions of section 27 of the Conditions of Employment Act, although it complies with the interval provided by this provision of the Convention (between 9 p.m. and 5 a.m.), does not stipulate the period during which night work is prohibited, namely 11 consecutive hours. The Committee again expresses the firm hope that, during revision of the labour legislation, measures will shortly be taken to give full effect to the provisions of Article 3, paragraph 1, of the Convention, thus ensuring that the prohibition on night work for children covers in all cases a period of at least 11 consecutive hours, including the interval between 9 p.m. and 5 a.m. The Committee again requests the Government to supply information on any progress made in this respect.