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Night Work of Young Persons (Industry) Convention, 1919 (No. 6) - Gabon (RATIFICATION: 1960)

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The Committee notes the adoption on 19 November 2021 of Act No. 022/2021 issuing the Labour Code.

Article 2(1) of the Convention. Prohibition on the employment of young persons under 18 years of age during the night in industrial undertakings. The Committee notes that, under section 204 of the Labour Code, young persons under 18 years of age may not be employed during the night in any public or private industrial undertaking, or in any branch thereof, other than an undertaking in which only members of the same family, and apprentices because of the particular nature of certain types of activity, are employed. The Committee recalls that the exception to the prohibition on the employment of young persons under 18 years of age during the night in industrial undertakings only applies to undertakings in which only members of the same family are employed, and not to apprentices. The Committee requests the Government to provide information on the measures taken or envisaged to amend section 204 of the Labour Code in order to ensure that the law is in conformity with Article 2(1) of the Convention.

Article 2(2). Exceptions to the prohibition on night work for young persons. The Committee notes that, under section 205 of the Labour Code, the prohibition on night work for young persons does not apply in the case of young persons over 16 years of age employed in the following industries in work which, because of its nature, is required to be carried on continuously day and night, namely: (1) iron and steel works involving processes where reverberatory or regenerative furnaces are used, and galvanising of sheet metal or wire (except the pickling process); (2) paper and printing works; (3) glass works; (4) sugar mills where raw sugar is processed; and (5) gold mining reduction work. Section 205 also establishes an exemption, without fixing a minimum age: (1) in cases where the work involves raw materials, where necessary; and (2) in cases where the work involves materials being processed which would be likely to deteriorate rapidly and action is necessary to prevent the inevitable loss of these materials. The Committee requests the Government to provide information on the application in practice of section 205 of the Labour Code, in particular indicating the cases where exemptions are applied to: (i) work involving raw materials; and (ii) work involving materials being processed which would be likely to deteriorate rapidly. The Committee also requests the Government to indicate the measures taken or envisaged to ensure that no young persons under 16 years of age are engaged in night work.

Article 3(1). Hours during which work is considered night work. The Committee notes that, under section 202 of the Labour Code, night work is defined as all work done between 9 p.m. and 6 a.m. The Committee also notes that, under section 206(2) of the Labour Code, daily compensatory rest for young persons must be at least 12 consecutive hours.

Article 4. Unforeseen emergencies (“force majeure”). Under section 205 of the Labour Code, the prohibition on night work for young persons does not apply in an emergency where, in an enterprise, the interruption of operations could not have been foreseen and is not of a periodic nature. The Committee notes that this provision does not specify the minimum age that applies to allow an exemption in the event of an unforeseen emergency. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that no young person under 16 years of age is made to work at night in the event of an unforeseen emergency.

Application of the Convention in practice. The Committee notes the Government’s indication that in practice young persons of 18 years of age may not be employed during the night in any public or private industrial undertaking. The Committee also notes that, under section 206 of the Labour Code, night work for young persons in industry is regulated by decree adopted at the proposal of the labour minister further to consultation of the most representative employers’ and workers’ organizations. The Government indicates that new regulatory texts must therefore be adopted to give effect to the provisions of the Convention. The Committee requests the Government to provide information on the measures taken with a view to the adoption of regulatory texts, under section 206 of the Labour Code, in order to give effect to the provisions of the Convention.