Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report. It asks the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. The Committee notes with interest the Government’s information that Act No. 91 of 14 June 1999, amending section 23 of the Labour Code, provides that it is prohibited for children to be employed between 7 p.m. and 7 a.m., that is for a period of 12 hours, in accordance with this provision of the Convention.

Article 3, paragraph 2. The Committee had previously noted that the national legislation allowed exceptions to be made to the prohibition of night work for young persons aged 12 years. It notes that section 16 of the draft Labour Code, which was prepared by the tripartite committee set up by the Ministry of Labour’s Order No. 210/1 of 2000, specifies that a training contract is a contract observed by an employer in their undertaking, notably in an industrial undertaking, so as to provide a full occupational vocational training to a person who is at least 14 years of age, on the condition that the safety, health and morals of the young person concerned are ensured. The Committee reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, in the case of an apprenticeship or vocational training at night where industries or occupations are required to be carried on continuously, young persons must be at least 16 years of age and the apprenticeship or vocational training must be authorized by the competent authority, after consultation of the organizations of employers and workers. The Committee notes the Government’s information that the draft amendment to the Labour Code was referred to the ILO for its comments, which the Government has recently received, so as to revise it to better bring its provisions into conformity with the ratified Conventions. The Committee requests the Government to clarify whether the prohibition on night work for children under 18 by virtue of Act No. 91 of 1999 also applies to children between 16 and 18 years undertaking an apprenticeship or vocational training at night. If not, the Committee trusts that the Government will effectively take into consideration the Office’s and Committee’s comments in the revision of the draft amendment to the Labour Code, so as to ensure that if it intends to have recourse to Article 3, paragraph 2, of the Convention, the exceptions to the prohibition of night work are only authorized for young persons between 16 and 18 years of age, and under the conditions referred to above.