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Night Work of Young Persons (Industry) Convention, 1919 (No. 6) - Colombia (Ratification: 1983)

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Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 2(1) and (2) and 3(1) of the Convention. Period during which it is prohibited to work at night and exceptions for persons over the age of 16. In its previous comments, the Committee noted the adoption of Decision No. 01677 of 16 May 2008, section 3 of which lists the conditions under which work is prohibited for children and young persons under 18 years of age by reason of the risks that may be caused to their health and safety. In this regard, it noted with interest that, under section 3(6.6), work is prohibited for children and young persons under 18 years of age between 8 p.m. and 6 a.m. It noted that the period provided for in section 3(6.6) of Decision No. 01677 is ten consecutive hours instead of 11 consecutive hours, as provided for by the Convention. In addition, the Committee noted that, under section 4 of Decision No. 01677, young persons between 15 and 17 years of age who have obtained a technical or technological training qualification from the National Apprenticeship Service (SENA) or other accredited institutions may be authorized to work in an activity for which they have been trained and may exercise freely this occupation or trade, provided that the contractor respects the provisions of Decrees Nos 1295 of 1994 and 933 of 2003, Decisions Nos 1016 of 1989 and 2346 of 2007, and Decision No. 584 of 2004 of the Andean Committee for Occupational Safety and Health Authorizations. The Committee requested the Government to indicate whether young persons between 15 and 17 years of age are authorized to work at night.

The Committee notes the Government’s indication in its report that the new Decision No. 3597 of 3 October 2013 repeals Decision No. 01677. It adds that section 3(6.8) of Decision No. 3597 refers to section 114 of the Children and Young Persons’ Code in order to prohibit work at night for young persons between 15 and 17 years of age. The Committee therefore notes with interest that, under section 114(1) of the Children and Young Persons’ Code, young persons between 15 and 17 years of age are authorized to work a maximum of six hours a day, until 6 p.m. at the latest. However, the Committee notes that section 114(2) provides that young persons aged 17 years may work a maximum of eight hours a day, until 8 p.m. at the latest. It also notes the Government’s indication that the Labour Code defines night work as work undertaken between 10 p.m. and 6 a.m. The Committee recalls that, under Article 3(1) of the Convention, the term “night” signifies a period of at least 11 consecutive hours, including the interval between ten o’clock in the evening and five o’clock in the morning. Noting that section 114 of the Children and Young Persons’ Code does not specify the time at which young persons aged 17 years of age may begin their working day, the Committee requests the Government to indicate whether the term “night work”, within the meaning of section 114 of the Children and Young Persons’ Code, includes a period of at least 11 consecutive hours, in conformity with Article 3(1) of the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments from the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) dated 30 August 2011, and the comments from the General Confederation of Labour (CGT) dated 1 September 2011.

Articles 2(1) and (2), and 3(1) of the Convention. Period during which night work is prohibited and exceptions from the age of 16 years. In its previous comments the Committee noted that, under the terms of section 2(6.6) of Decision No. 04448 of 2 December 2005, night work between 8 p.m. and 6 a.m. is prohibited to children and young persons under 16 years.

The Committee notes the observation from the CTC and the CUT to the effect that the Convention is not applied in practice and many children work at night in the country. It also notes that, according to the CGT’s allegations, child labour increased significantly between 2007 and 2009.

The Committee notes the adoption of Decision No. 01677 of 16 May 2008, section 3 of which lays down the conditions of work prohibited for children and young persons under the age of 18 years on account of the possible risks to their health and safety. It notes with interest that under section 3(6.6), work is prohibited for children and young persons under 18 years of age between 8 p.m. and 6 a.m. However, the Committee notes that pursuant to Article 3(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. In this regard, the Committee notes that the period provided for in section 3(6.6) of Decision No. 01677 is ten consecutive hours. In addition, the Committee notes that under section 4 of Decision No. 01677, young persons between 15 and 17 years of age who have obtained a technical training qualification from the National Apprenticeship Service (SENA) or institutes accredited for that purpose can be authorized to work in an activity for which they have been trained and may exercise freely this profession, art or occupation, on condition that the contractor respects the provisions of Decrees Nos 1295 of 1994 and 933 of 2003, Decisions Nos 1016 of 1989 and 2346 of 2007, and also Decision No. 584 of 2004 of the Andean Committee for Occupational Safety and Health Authorizations. The Committee requests the Government to take the necessary measures to ensure that the prohibition on night work for children and young persons under 18 years of age covers a period of at least 11 consecutive hours in conformity with Article 3(1) of the Convention. In addition, the Committee requests the Government to indicate whether, under section 4 of Decision No. 01677, young persons between 15 and 17 years of age may be authorized to work at night. If so, the Committee requests the Government to clarify whether such authorizations only apply in the exceptional cases provided for in Article 2(2) of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

Article 2, paragraph 1, and Article 3, paragraph 1, of the Convention. Prohibition for young persons under 18 years of age to work at night. In its previous comments, the Committee noted that Act No. 20 of 1982, which in section 13(2) contained a definition of the term “night”, had been repealed by section 353 of Decree No. 2737 of 27 November 1989 issuing the Code on Young Persons [hereinafter, the Code on Young Persons]. It noted that, although
section 242 of the Code on Young Persons prohibits night work by “young persons”, meaning any young person aged between 12 and 18 years working in any occupation, outside the exceptions allowed by law, and who undertake work expressly prohibited by law (section 237), the Code does not contain a definition of the term “night”. The Committee requested the Government to indicate the explicitly to which the legislation gives effect to the Convention on this point.

The Committee notes with interest that, under the terms of section 2(6)(6) of resolution No. 04448 of 2 December 2005, issued under section 245(23) of Decree No. 2737 issuing the Code on Young Persons [hereinafter, resolution
No. 04448 of 2 December 2005], night work between 8 p.m. and 6 a.m. is prohibited, which is in conformity with Article 3, paragraph 1, of the Convention. However, it notes that, by virtue of section 2(6)(6) of resolution No. 04448 of 2 December 2005, this prohibition does not apply to young persons aged 16 and 17 years. The Committee recalls that, under the terms of Article 2, paragraph 1, of the Convention, young persons under 18 years of age shall not be employed during the night in any public or private industrial establishment, or in any branch thereof, other than an establishment in which only members of the same family are employed, except as provided for in the Convention. The Committee requests the Government to provide information on the effect given in practice to
section 2(6)(6) of resolution No. 04448 of 2 December 2005, with an indication of the conditions under which young persons aged 16 and 17 years may be authorized to work at night.

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

The Committee has noted the information supplied by the Government in its report.

Article 3, paragraph 1, of the Convention. Section 242 of the "Code on young persons" specifies that "young persons" are prohibited to do night work. By virtue of section 237 of the same Code, the phrase "young persons working in conditions not authorized by law" means any young person aged between 12 and 18 years, working in any occupation, outside the exceptions allowed by law, and who undertake work expressly prohibited by law. The Committee recalls Article 3, paragraph 1, of the Convention in which the term "night" signifies a period of at least 11 consecutive hours, including the interval between 10 p.m. and 5 a.m. Law No. 20 of 1982, repealed by section 353 of the Code on young persons, gives in its section 13, paragraph 2, a definition of the term "night" which was not included in the Code. In this regard, the Committee requests the Government to indicate to what extent the legislation applies the Convention.

Part V of the report form. The Committee also notes section 17 of Decree No. 1128 of 29 June 1999 on the restructuring of the Ministry of Labour and Social Security, which specifies that the special unit on labour inspection, monitoring, and vigilance is the unit responsible for labour inspection at the national level. One of the main tasks carried out by this unit is to ensure the application of labour legislation. The Committee requests the Government to supply information on the organization of this unit, and its operation. It further requests the Government to supply information on the practical application of the Convention by providing copies of reports of labour inspection services.