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

Night Work of Young Persons (Industry) Convention, 1919 (No. 6) - Myanmar (Ratification: 1921)

The Committee notes the information supplied by the Government in its reports.

Article 2, paragraph 1, of the Convention. Prohibition on employing children under 18 years of age in industrial undertakings. In its previous comments, the Committee noted that, under the terms of section 79(1)(a) of the Factories Act 1951 (No. LXV), no child shall be employed or permitted to work in any factory between the hours of 6 p.m. and 6 a.m. Under section 2(a) of the Act, the term child means a person under 15 years of age. With regard to adolescents, i.e. a person over 15 but under 18 years of age (section 2(b)), the Committee nevertheless noted the Government’s information that a young person between 15 and 18 years of age who is certified as being fit for work as an adult in factories may be employed at night. The Committee requested the Government to indicate whether the Factories Act 1951 (No. LXV) is still in force.

The Committee notes the Government’s information that the Factories Act 1951 (No. LXV) is still in force and is being revised by the central body responsible for the revision of legislation. It also notes the Government’s information that, despite what is indicated in the Factories Act 1951 (No. LXV), the majority of workers in the formal sector, particularly in industry, are employed through employment offices and only workers who are at least 18 years of age may be employed. Recalling that, under Article 2, paragraph 1, of the Convention, it is prohibited to employ young persons under 18 years of age at night in industrial undertakings, the Committee hopes that, in the context of the revision of the Factories Act 1951 (No. LXV), the Government will take the necessary measures to include a provision to this effect. It asks the Government to supply information on all progress made in this regard and to supply a copy of the legislation once it has been adopted.