Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 3 of the Convention. In its comments since 1984 the Committee has noted that the provision concerning prohibition of night work for minors is not consistent with the provisions of the Convention. The former section 19 of Act No. 18,620 of 1987, which became section 18 of the Labour Code (reformulated and systematized) of 1994 lays down a prohibition on all night work for persons under 18 years of age performed in industrial establishments between 10 p.m. and 7 a.m. This night period of nine hours long is contrary to Article 3 of the Convention which indicates a period of at least 11 consecutive hours.

The Committee notes the Government’s indication in its latest report concerning section 227 of the industrial hygiene and security regulations (Supreme Decree No. 655) which establishes the prohibition for persons under the age of 18 years of all night work, that being understood as meaning work performed to between 8 p.m. and 7 a.m. This provision gives effect to the requirement of at least 11 consecutive hours.

The Committee notes the discrepancy between sections 18 of the Labour Code and 227 of the industrial hygiene and safety regulations in respect of the period during which work shall not be performed by minors.

The Committee noted in previous comments the Government’s statement to the effect that the Committee’s observation would be taken into consideration in reforming the Labour Code. The Committee notes the message No. 136-313 and the draft Bill to amend the Labour Code which is before Congress for consideration. The Committee regrets that there is no proposal in the draft Bill to amend section 18. The Committee urges the Government to reconsider this omission.

The Committee trusts that the Government will take the necessary measures to harmonize the various provisions of national legislation with each other and with the provisions of the Convention and will supply information on progress made to this end.