Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes the Government's report.

In its previous comments, the Committee noted that section 19 of Act No. 18620, of 27 May 1987, issuing the Labour Code, which prohibits young persons of under 18 years of age from being employed in any night work in industrial establishments between 10 p.m. and 7 a.m., in other words for a period of nine hours, was not consistent with the provisions of the Convention. Under Article 3 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.

The Committee notes the Government's statement that it has taken note of the Committee's suggestion with a view to the adoption of the corresponding amendment in the future. The Committee also notes that the amendment adopted under Act No. 19250 (Diario Oficial, 30 September 1993) of section 19 of the Labour Code did not modify the current provision, since it merely extended the prohibition on night work for persons of under 18 years of age to commercial establishments.

The Committee also notes that the final subsection of section 13 of the Labour Code, to which the Government refers in its report, provides that "in no case may persons under 18 years of age work more than eight hours a day". The Committee notes that these provisions do not refer to the night work of the young persons covered by the Convention.

The Committee trusts that the appropriate reform of the legislation will be undertaken in the near future with a view to bringing it into conformity with the Convention on this point.