Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

Convention (n° 79) sur le travail de nuit des adolescents (travaux non industriels), 1946 - Paraguay (Ratification: 1966)

The Committee notes the various amendments to section 122 of the Labour Code in relation to the prohibition of night work of young persons.

In 1976 the Committee noted with satisfaction that section 122 of the Labour Code had been amended by Act No. 506 of 1974 so as to comply with the provisions of Articles 2 and 3 of the Convention. Section 122 (amended) provided that young persons under 18 years of age would not be employed at night during an interval of 12 consecutive hours which must include the period between 10 p.m. and 5 a.m. For young persons under the age of 16 years, the period of prohibition of night work should include the interval between 10 p.m. and 6 a.m. Under the same provision, young persons of under 15 years of age could not be employed at night for a period of at least 14 consecutive hours which included the interval between 8 p.m. and 8 a.m. The same provision was included in the new Labour Code of 1993 (Act No. 213/93). Section 122 gave effect to Articles 2 and 3 of the Convention.

The Committee regrets to note the amendment of section 122 of the Labour Code by Act No. 496 of 22 August 1995. Under the provisions of new section 122, young persons between 15 and 18 years of age shall not be employed at night for a period of ten hours included between 8 p.m. and 6 a.m. The amendment has reduced to ten hours the 12 hours required by the Convention which was laid down in section 122 of the Code before it was amended by Act No. 496 of 22 August 1995. In addition, the new provisions of section 122 do not stipulate an interval of 14 hours for young persons under 15 years of age. The Committee also notes that section 189 of the Young Persons’ Code (Act No. 903/81) prohibits young persons under 18 years of age from carrying out work at night between 8 p.m. and 5 a.m., namely, for a period of nine hours. As well as being in contradiction with national legislation which lays down ten hours (section 122 of the Labour Code), it is also in contradiction with Article 3 of the Convention which lays down an interval of 12 consecutive hours.

The Committee notes the backward step in legislation on protection of young persons at a time when night work has been included in the concept of hazardous work in the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Immediate action for its eradication is needed taking into account the ratification by Paraguay of the Worst Forms of Child Labour Convention, 1999 (No. 182), in March 2001.

The Committee hopes that the Government will take the necessary measures to bring legislation into conformity with the provisions of the Convention by amending sections 122 of the Labour Code and 189 of the Young Persons’ Code.

The Committee refers to its comments on the application of Convention No. 90.

[The Government is asked to supply full particulars to the Conference at its 90th Session and to report in detail in 2002.]