Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - Cyprus (RATIFICATION: 1965)

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Articles 3(2) and 4(2) of the Convention. Exemptions from the prohibition on night work for persons of 16 and 18 years. The Committee previously noted that section 13(1) of the Protection of Young Persons at Work Law No. 48(1) of 2001 provides that work by young persons is prohibited between 11 p.m. and 7 a.m., irrespective of the nature of work. It also noted that section 13(2) of Law No. 48(1) permits a young person to work between 11 p.m. and 7 a.m. for the purposes and under the conditions determined by regulation. Under the terms of section 2 of the Law, the term young person means any person of 15 years of age but under 18 years. In this regard, it noted the Government’s indication that Law No. 48(1) of 2001 was being amended and that the Regulations which provide for the conditions under which night work is allowed for young persons was pending before the House of Representatives. The Government indicated that according to the amending Law, section 13(2) will be applicable to young persons of 16 years of age but under 18 years.

The Committee notes with satisfaction that section 13(2) of the Protection of Young Persons at Work Law No. 48(1) of 2001 has been amended by Law No. 15(1) of 2012, whereby the exceptions to the prohibition on night work shall be allowed only for young persons of 16 to 18 years of age. The Government also states that Regulation 15 provides for the terms and conditions under which night work shall be allowed for young persons of 16 years as well as the specific sectors of economic activity in which such exceptions may be permitted.

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Articles 3(2) and 4(2) of the Convention. Exemptions from the prohibition on night work for persons of 16 and 18 years. The Committee had previously noted that section 13(1) of the Protection of Young Persons at Work Law No. 48(1) of 2001 provides that work by young persons is prohibited between 11 p.m. and 7 a.m., irrespective of the nature of work. It had noted that subsection (2) of the same provision permits a young person to work between 11 p.m. and 7 a.m. for the purposes and under the conditions determined by regulation. Under the terms of section 2 of the Law, the term young person means any person of 15 years of age but under 18 years.

Moreover, the Committee had noted the Government’s indication that regulations permitting night work by young persons were under preparation. The Government had acknowledged that the Convention allows work at night only for young persons over 16 years of age. In this regard, the Committee had noted the Government’s statement that the Law No. 48(1) of 2001 was under consideration for amendment and that it would make sure that this issue would be taken into account.

The Committee notes the Government’s indication in its report that Law No. 48 (1) of 2001 is being amended and that the Regulations which provide for the conditions under which night work is allowed for young persons is pending before the House of Representatives. The Committee notes the Government’s statement that according to the amending Law, section 13(2) will be applicable to young persons of 16 years of age but under 18 years. Observing that the Government has been referring to the proposed regulation and amendment since 2006, the Committee expresses the firm hope that the Law amending section 13(2) of the Law No. 48(1) of 2001 and the Regulations prescribing conditions for night work by persons of 16 years of age will be adopted in the near future. It also requests the Government to supply a copy of the Law amending Law No. 48(1) of 2001 and its Regulations as soon as it has been adopted.

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

Exemptions from the prohibition on night work. The Committee had previously noted that section 13(1) of the Protection of Young Persons at Work Law No. 48(I) of 2001 provides that work by young persons is prohibited between 11 p.m. and 7 a.m., irrespective of the nature of the work. It had noted that subsection (2) of the same provision permits a young person to work between 11 p.m. and 7 a.m. for the purposes and under the conditions determined by regulation. Under the terms of section 2 of the Law, the term young person means any young person of 15 years of age but under 18 years. The Committee had reminded the Government that the Convention permits the competent authority to suspend the prohibition of night work solely for young persons between the ages of 16 and 18 years. It had requested the Government to provide information on the measures adopted or envisaged to ensure that exemptions from the prohibition of night work of young persons can only be authorized for young persons between 16 and 18 years of age. The Committee had also requested the Government to indicate whether regulations permitting night work by young persons between 11 p.m. and 7 a.m. have been adopted and, if so, to provide a copy thereof.

The Committee notes the Government’s indication that regulations permitting night work by young persons are under preparation. The Government also acknowledges that the Convention allows work at night only for young persons over 16 years of age. The Government adds that the Protection of Young Persons at Work Law is currently under consideration for amendment and it will make sure that this issue is taken into account.

The Committee requests the Government to ensure that any future amendment to the Protection of Young Persons at Work Law will ensure that exemptions from the prohibition of night work of young persons can only be authorized for young persons between 16 and 18 years of age. It also requests the Government to provide a copy of the regulations permitting night work by young persons as soon as they are adopted.

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The Committee notes the Government’s report on the adoption of the Protection of Young Persons at Work Law No. 48(I) 2001.

Exemptions from the prohibition of night work. The Committee notes that section 13(1) of Law No. 48(I) of 2001 provides that work by young persons is prohibited between 11 p.m. and 7 a.m., irrespective of the nature of the work. It notes that subsection 2 of the same provision permits a young person to work between 11 p.m. and 7 a.m. for the purposes and under the conditions determined by regulation. Under the terms of section 2 of the Law, the term young person means any young person of 15 years of age but under 18 years. The Committee reminds the Government that the Convention permits the competent authority to suspend the prohibition of night work solely for young persons between the ages of 16 and 18 years, and only in the following cases: (a) for purposes of apprenticeship or vocational training in specified industries or occupations which are required to be carried on continuously, after consultation with the employers’ and workers’ organizations concerned (Article 3, paragraph 2, of the Convention); (b) in case of emergencies which could not have been controlled or foreseen, which are not of a periodical nature, and which interfere with the normal working of the industrial enterprise (Article 4, paragraph 2); (c) when in case of serious emergency the public interest demands it (Article 5). The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that exemptions from the prohibition of night work of young persons can only be authorized for young persons between 16 and 18 years of age and under the conditions set out in the above provisions. The Committee also requests the Government to indicate whether regulations permitting night work by young persons between 11 p.m. and 7 a.m. have been adopted and, if so, to provide a copy thereof.