Night Work of Young Persons (Industry) Convention, 1919 (No. 6) - Chile (RATIFICATION: 1925)

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Article 3(1) of the Convention. Period during which it is prohibited to work at night. In its previous comments, the Committee noted that, although section 18 of the Labour Code prohibits young persons under 18 years of age from performing any night work between 10 p.m. and 7 a.m. in industrial establishments, this provision is not in conformity with Article 3(1) of the Convention since it does not specify a period of 11 consecutive hours at night during which it is prohibited for any young person under 18 years of age to work. The Committee noted, however, that a reform of the Labour Code had been approved by the Chamber of Deputies and was due to be adopted by the Senate.

The Committee notes the Government’s indication in its report that the reform of the Labour Code has been adopted. It also notes with satisfaction that section 18 of the Labour Code has been amended to provide that young persons under 18 years of age may not work at night in industrial and commercial establishments for a period of at least 11 consecutive hours, including the interval between 10 p.m. and 7 a.m.

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Article 3(1) of the Convention. Period during which it is prohibited to work at night. In its previous comments the Committee noted that even though section 18 of the Labour Code prohibits young persons under 18 years of age from performing any night work between 10 p.m. and 7 a.m. in industrial establishments, this section is not in conformity with Article 3(1) of the Convention since it does not stipulate a period of 11 consecutive hours at night during which it is prohibited for any young person under 18 years of age to work. The Committee noted, however, that a reform of the Labour Code was under way and that the comments made would be taken into consideration.

The Committee notes the Government’s indication that the reform of the Labour Code has been approved by the Chamber of Deputies and is due to be adopted by the Senate. It also notes with interest that the draft reform amends section 18 of the Labour Code to the effect that young persons under 18 years of age may not work at night in industrial and commercial establishments for a period of at least 11 consecutive hours, including the interval between 10 p.m. and 7 a.m. The Committee expresses the firm hope that the draft reform of the Labour Code will be adopted in the near future and requests the Government to send a copy of it in its next report.

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Article 3, paragraph 1, of the Convention. Period during which it is prohibited to work at night. In the comments that it has been making since 1984, the Committee has noted that section 18 of the Labour Code which prohibits young persons under 18 years of age from performing any night work between 10 p.m. and 7 a.m. in industrial establishments, is not in conformity with Article 3, paragraph 1, of the Convention. Section 18 of the Labour Code establishes a period of nine hours during which it is prohibited for any young person under 18 years of age to work at night, whereas the Convention requires a period of 11 consecutive hours, including the interval between 10 p.m. and 5 a.m.

The Committee notes the information provided by the Government that a reform of the Labour Code is currently being undertaken and that the comments made will be taken into consideration. The Committee requests the Government to take the necessary measures to ensure that the reform of the Labour Code is completed in the near future and that section 18 is amended so as to give full effect to Article 3, paragraph 1, of the Convention by providing that the period during which a young person under 18 years of age may not work at night consists of at least 11 consecutive hours, including the interval between 10 p.m. and 5 a.m. It requests the Government to provide information on any new development in this respect.

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Article 3 of the Convention. In its comments since 1984 the Committee has noted that the provision concerning prohibition of night work for minors is not consistent with the provisions of the Convention. The former section 19 of Act No. 18,620 of 1987, which became section 18 of the Labour Code (reformulated and systematized) of 1994 lays down a prohibition on all night work for persons under 18 years of age performed in industrial establishments between 10 p.m. and 7 a.m. This night period of nine hours long is contrary to Article 3 of the Convention which indicates a period of at least 11 consecutive hours.

The Committee notes the Government’s indication in its latest report concerning section 227 of the industrial hygiene and security regulations (Supreme Decree No. 655) which establishes the prohibition for persons under the age of 18 years of all night work, that being understood as meaning work performed to between 8 p.m. and 7 a.m. This provision gives effect to the requirement of at least 11 consecutive hours.

The Committee notes the discrepancy between sections 18 of the Labour Code and 227 of the industrial hygiene and safety regulations in respect of the period during which work shall not be performed by minors.

The Committee noted in previous comments the Government’s statement to the effect that the Committee’s observation would be taken into consideration in reforming the Labour Code. The Committee notes the message No. 136-313 and the draft Bill to amend the Labour Code which is before Congress for consideration. The Committee regrets that there is no proposal in the draft Bill to amend section 18. The Committee urges the Government to reconsider this omission.

The Committee trusts that the Government will take the necessary measures to harmonize the various provisions of national legislation with each other and with the provisions of the Convention and will supply information on progress made to this end.

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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.

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In its previous direct request, the Committee pointed out 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 all 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 hopes that it will be possible for an appropriate reform, referred to by the Government in its last report, to be implemented in the near future, so as to bring the legislation into line with the Convention on this point. Please indicate any progress made in this respect.