Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Night Work of Young Persons (Industry) Convention, 1919 (No. 6) - Colombia (Ratification: 1983)

Articles 2(1) and (2) and 3(1) of the Convention. Period during which it is prohibited to work at night and exceptions for persons over the age of 16. In its previous comments, the Committee noted the adoption of Decision No. 01677 of 16 May 2008, section 3 of which lists the conditions under which work is prohibited for children and young persons under 18 years of age by reason of the risks that may be caused to their health and safety. In this regard, it noted with interest that, under section 3(6.6), work is prohibited for children and young persons under 18 years of age between 8 p.m. and 6 a.m. It noted that the period provided for in section 3(6.6) of Decision No. 01677 is ten consecutive hours instead of 11 consecutive hours, as provided for by the Convention. In addition, the Committee noted that, under section 4 of Decision No. 01677, young persons between 15 and 17 years of age who have obtained a technical or technological training qualification from the National Apprenticeship Service (SENA) or other accredited institutions may be authorized to work in an activity for which they have been trained and may exercise freely this occupation or trade, provided that the contractor respects the provisions of Decrees Nos 1295 of 1994 and 933 of 2003, Decisions Nos 1016 of 1989 and 2346 of 2007, and Decision No. 584 of 2004 of the Andean Committee for Occupational Safety and Health Authorizations. The Committee requested the Government to indicate whether young persons between 15 and 17 years of age are authorized to work at night.

The Committee notes the Government’s indication in its report that the new Decision No. 3597 of 3 October 2013 repeals Decision No. 01677. It adds that section 3(6.8) of Decision No. 3597 refers to section 114 of the Children and Young Persons’ Code in order to prohibit work at night for young persons between 15 and 17 years of age. The Committee therefore notes with interest that, under section 114(1) of the Children and Young Persons’ Code, young persons between 15 and 17 years of age are authorized to work a maximum of six hours a day, until 6 p.m. at the latest. However, the Committee notes that section 114(2) provides that young persons aged 17 years may work a maximum of eight hours a day, until 8 p.m. at the latest. It also notes the Government’s indication that the Labour Code defines night work as work undertaken between 10 p.m. and 6 a.m. The Committee recalls that, under Article 3(1) of the Convention, the term “night” signifies a period of at least 11 consecutive hours, including the interval between ten o’clock in the evening and five o’clock in the morning. Noting that section 114 of the Children and Young Persons’ Code does not specify the time at which young persons aged 17 years of age may begin their working day, the Committee requests the Government to indicate whether the term “night work”, within the meaning of section 114 of the Children and Young Persons’ Code, includes a period of at least 11 consecutive hours, in conformity with Article 3(1) of the Convention.