Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - Eswatini (Ratification: 1981)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee recalls that the Government had indicated that amendments to the Employment Act, No. 5 of 1980, were under discussion. The Committee notes that the amendments to the Employment Act, No. 5 of 1980, adopted in August 1997, contain no measure to improve the application of the Convention.

The Committee notes that the comments concerning the application of this Convention have been submitted for examination by the tripartite committee in view of the proposed amendments to the Employment Act.

In this connection, the Committee recalls:

(a)    that it had noted that section 98(1) of the Employment Act provides for an exception to the prohibition of night work for “young persons” (as defined in section 2 of the Act, that is to say persons who have reached the age of 15 but who are not yet 18) for the purposes of apprenticeship or vocational training. The Committee recalls, however, that under Article 3(2) of the Convention, the competent authority may, after consultation with the employers’ and workers’ organizations concerned, authorize the employment in night work of young persons who have attained the age of 16 years, for purposes of apprenticeship or vocational training in specified industries or occupations which are required to be carried on continuously;

(b)    that it had indicated, in accordance with Article 6, paragraph 1(a), of the Convention, that provisions (such as posting notices) must be made to ensure that laws or regulations regarding the prohibition of night work for young persons are known to the persons concerned.

The Committee once again requests the Government to supply information on any progress achieved in the adoption of amendments to the Employment Act which encourage the application of the Convention, and to provide a copy of the instrument when it has been adopted.