Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that for the second consecutive year the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous observation, the Committee noted the new amendment of section 122 of the Labour Code, by means of Act No. 496 of 22 August 1995. According to new section 122, young persons between 15 and 18 years of age shall not be employed during the night for a period of ten consecutive hours, which shall include the interval between 8 p.m. and 6 a.m. The amendment decreased to ten hours, the period of rest of 12 consecutive hours established by the Convention and by section 122 of the Labour Code before being amended by Act No. 496 of 22 August 1995. Furthermore, the Committee observed that section 189 of the Minor Code (Act No. 903/81) prohibits young persons under 18 years of age to perform night work for a period of nine hours between 8 p.m. and 5 a.m. This provision is in violation of both the national legislation that establishes ten hours (section 122 of the Labour code) and Article 2 of the Convention that establishes a period of at least 12 consecutive hours.

The Committee took note of the conclusions adopted in June 2002 by the Conference Committee on the Application of Standards, in which the Conference Committee noted with concern the reduction in the protection afforded to children in relation to the restriction on night work. It also noted that, before the Conference Committee, the Government representative endorsed the validity of the observation of the Committee of Experts, and expressed the will of its Government to make the necessary amendments to ensure the application of the Convention.

The Committee hoped that the Government would take the necessary measures to bring the legislation into conformity with the Convention by amending section 122 of the Labour Code and section 189 of the Minor Code.

The Committee referred to its comments on the application of Convention No. 79.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.