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Night Work of Young Persons (Industry) Convention, 1919 (No. 6) - Myanmar (RATIFICATION: 1921)

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Article 2(1) of the Convention. Prohibition on employing children under 18 years of age at night in industrial undertakings. The Committee previously noted that under the terms of section 79(1)(a) of the Factories Act 1951 (No. LXV), no child (person under the age of 15 years, by virtue of section 2(a)) shall be employed or permitted to work in any factory between the hours of 6 p.m. and 6 a.m. However, the Committee noted the Government’s information that a young person between 15 and 18 years of age (adolescents, by virtue of section 2(b)) who is certified as being fit for work as an adult in factories may be employed at night. It further noted the Government’s information that the process of amending section 79(1) of the Factories Act to bring it into conformity with this Convention was being carried out.

The Committee notes the Government’s information in its report that the provisions of the Factories Act relating to children under 18 years of age were amended. While the amended provisions prohibit night work for young persons up until the age of 16, the Committee notes with concern that, young persons between the ages of 16 and 18 may be declared by a registered medical doctor to be fit for employment and allowed to work between the hours of 6 p.m. and 6 a.m. (section 79(3) of the amended Factories Act). The Committee recalls that Article 2(1) of the Convention prohibits the employment of all young persons under the age of 18 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 are employed. Under Article 3(1) of the Convention, the term “night” signifies a period of 11 consecutive hours, including the interval between 10 p.m. and 5 a.m. The Committee therefore requests the Government to take measures to ensure that section 79 of the amended Factories Act is once again modified to prohibit the night work of all young persons under the age of 18 for a period of eleven consecutive hours, including from 10 p.m. to 5 a.m. It requests the Government to provide information on the progress made in this regard.

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Article 2(1) of the Convention. Prohibition on employing children under 18 years of age at night in industrial undertakings. The Committee had previously noted that under the terms of section 79(1)(a) of the Factories Act 1951 (No. LXV), no child shall be employed or permitted to work in any factory between the hours of 6 p.m. and 6 a.m. Under section 2(a) of the Act, the term child means a person under 15 years of age. With regard to adolescents, i.e. a person over 15 but under 18 years of age (section 2(b)), the Committee nevertheless noted the Government’s information that a young person between 15 and 18 years of age who is certified as being fit for work as an adult in factories may be employed at night. It had further noted the Government’s information that the Factories Act 1951 (No. LXV) is being revised by the central body responsible for the revision of legislation.

The Committee notes the Government’s indication that the process of amending section 79(1) of the Factories Act to bring it into conformity with this Convention is currently being carried out. The Committee expresses the firm hope that section 79(1) of the Factories Act will be amended in the near future. It requests the Government to provide a copy, once it has been adopted.

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The Committee notes the information supplied by the Government in its reports.

Article 2, paragraph 1, of the Convention. Prohibition on employing children under 18 years of age in industrial undertakings. In its previous comments, the Committee noted that, under the terms of section 79(1)(a) of the Factories Act 1951 (No. LXV), no child shall be employed or permitted to work in any factory between the hours of 6 p.m. and 6 a.m. Under section 2(a) of the Act, the term child means a person under 15 years of age. With regard to adolescents, i.e. a person over 15 but under 18 years of age (section 2(b)), the Committee nevertheless noted the Government’s information that a young person between 15 and 18 years of age who is certified as being fit for work as an adult in factories may be employed at night. The Committee requested the Government to indicate whether the Factories Act 1951 (No. LXV) is still in force.

The Committee notes the Government’s information that the Factories Act 1951 (No. LXV) is still in force and is being revised by the central body responsible for the revision of legislation. It also notes the Government’s information that, despite what is indicated in the Factories Act 1951 (No. LXV), the majority of workers in the formal sector, particularly in industry, are employed through employment offices and only workers who are at least 18 years of age may be employed. Recalling that, under Article 2, paragraph 1, of the Convention, it is prohibited to employ young persons under 18 years of age at night in industrial undertakings, the Committee hopes that, in the context of the revision of the Factories Act 1951 (No. LXV), the Government will take the necessary measures to include a provision to this effect. It asks the Government to supply information on all progress made in this regard and to supply a copy of the legislation once it has been adopted.

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The Committee notes the information provided by the Government in its report.

Article 2, paragraph 1, of the Convention. Under the terms of this provision of the Convention, it is prohibited to employ young persons under 18 years of age during the night in industrial undertakings. The Committee notes that by virtue of section 79 of the Factories Act 1951 (No. LXV), no child shall be employed or permitted to work in any factory between the hours of 6 p.m. and 6 a.m. In accordance with section 2(a) of the Act, the term child means a person who has not completed his 15th year. With regard to adolescents (under section 2(b) of the Act the term adolescent means a person who has completed his 15th but has not completed his 18th year), the Committee notes the information provided by the Government in its previous reports to the effect that young persons between the ages of 15 and 18 years who are certified as being fit for work may be employed at night as adults in factories. The Committee requests the Government to indicate whether the Factories Act 1951 (No. LXV) is still in force and, if so, it would be grateful if the Government would indicate the provisions prohibiting night work by young persons aged between 15 and 18 years.