Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Night Work of Young Persons (Industry) Convention, 1919 (No. 6) - Venezuela (Bolivarian Republic of) (Ratification: 1933)

The Committee takes note of the Government’s report. It also notes the comments by the Independent Trade Union Alliance (ASI) of 14 August 2012.

Article 2 of the Convention. Exceptions to the prohibition regarding night work by young persons in industrial undertakings. In its previous comments, the Committee noted section 257 of the Basic Labour Act of 1997, which provides that the working day for young persons under 18 years of age must fall between 6 a.m. and 7 p.m. Section 257 also allows exceptions on special grounds to the prohibition of night work by young persons, when deemed appropriate, in cooperation with the labour inspector, by the bodies responsible for the supervision of minors. The Committee asked the Government to provide information on the special grounds for such exceptions and the conditions in which such permission may be granted.

The Committee notes the promulgation of the Basic Labour and Workers Act (Gaceta Oficial, 20 May 2012, No. 6076). The Committee notes the Government’s indication that section 32 establishes a general prohibition of child labour for children under 14 years of age, except for artistic and cultural performances authorized by the authority responsible for the protection of minors. Section 32 furthermore provides that the protection of minors at work is regulated by the Act concerning the protection of children and young persons of 1998. However, the Committee notes with concern that the new Basic Labour and Workers Act of 2012 no longer contains a provision prohibiting night work for young persons, unlike the Basic Labour Act of 1997. Moreover, the Committee had previously observed that the Act concerning the protection of children and young persons of 1998 did not contain any provision on the night work of young persons.

In these circumstances, the Committee is bound to recall again that Article 2(1) of the Convention states that young persons under 18 years of age shall not be employed during the night in any industrial undertaking, other than an undertaking in which only members of the same family are employed and in the cases listed in Article 2(2). The Committee therefore urges the Government to take the necessary measures to ensure that national legislation is brought into compliance with the Convention by reinserting a provision prohibiting the night work of young persons under 18 years of age. In case such a provision were to include special grounds on which exceptions to the prohibition of night work by young persons may be granted, as previously provided for by section 257 of the Basic Labour Act of 1997, the Committee requests the Government to supply information on these special grounds and the conditions in which such permission may be given, indicating in particular, the age of the young persons and the types of work they are authorized to perform.