Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the comments from the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) dated 30 August 2011, and the comments from the General Confederation of Labour (CGT) dated 1 September 2011.

Articles 2(1) and (2), and 3(1) of the Convention. Period during which night work is prohibited and exceptions from the age of 16 years. In its previous comments the Committee noted that, under the terms of section 2(6.6) of Decision No. 04448 of 2 December 2005, night work between 8 p.m. and 6 a.m. is prohibited to children and young persons under 16 years.

The Committee notes the observation from the CTC and the CUT to the effect that the Convention is not applied in practice and many children work at night in the country. It also notes that, according to the CGT’s allegations, child labour increased significantly between 2007 and 2009.

The Committee notes the adoption of Decision No. 01677 of 16 May 2008, section 3 of which lays down the conditions of work prohibited for children and young persons under the age of 18 years on account of the possible risks to their health and safety. It notes 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. However, the Committee notes that pursuant to Article 3(1) 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. In this regard, the Committee notes that the period provided for in section 3(6.6) of Decision No. 01677 is ten consecutive hours. In addition, the Committee notes that under section 4 of Decision No. 01677, young persons between 15 and 17 years of age who have obtained a technical training qualification from the National Apprenticeship Service (SENA) or institutes accredited for that purpose can be authorized to work in an activity for which they have been trained and may exercise freely this profession, art or occupation, on condition 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 also Decision No. 584 of 2004 of the Andean Committee for Occupational Safety and Health Authorizations. The Committee requests the Government to take the necessary measures to ensure that the prohibition on night work for children and young persons under 18 years of age covers a period of at least 11 consecutive hours in conformity with Article 3(1) of the Convention. In addition, the Committee requests the Government to indicate whether, under section 4 of Decision No. 01677, young persons between 15 and 17 years of age may be authorized to work at night. If so, the Committee requests the Government to clarify whether such authorizations only apply in the exceptional cases provided for in Article 2(2) of the Convention.