Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Paraguay

Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) (Ratification: 1966)
Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) (Ratification: 1966)

In order to provide an overview of the issues relating to the application of the ratified Conventions on the night work of young persons, the Committee considers it appropriate to examine Conventions Nos 79 and 90 in a single comment.

Article 3 of Convention No. 79 and Article 2 of Convention No. 90. Period during which it is forbidden to work at night. In its previous comments, the Committee requested the Government to amend section 58 of the Children’s and Young Persons’ Code, which prohibits night work for young persons aged 14 to 18 years for a period of ten hours including the interval between 8 p.m. and 6 a.m, in order to bring it into conformity with the Conventions and with section 2 of Decree No. 4951 of 22 March 2005 which considers night work carried out between 7 p.m. and 7 a.m, a period of 12 hours, as hazardous work prohibited for young persons under 18 years of age. The Government indicated that the National Secretariat for Children and Young Persons had submitted a formal request to the Ministry of Labour, Employment and Social Security (MTESS) to begin the adoption procedure of the amendments to section 58 of the Children’s and Young Persons’ Code. The secretariat indicated its willingness to carry out the necessary actions together with the MTESS to this end. The Committee also noted that a tripartite Memorandum of Understanding had been signed between the tripartite constituents and the Office under the terms of which the tripartite advisory council of the MTESS would cooperate with the ILO to examine and, if necessary, submit to Congress the necessary legislative amendments to bring the legislation into conformity with the ratified ILO Conventions.

The Committee notes with interest that, according to the Government’s report, preliminary draft legislation amending section 58 of the Children’s and Young Persons’ Code has been formulated and was presented to the executive authorities in 2016. The Government indicates that the preliminary draft legislation is currently before the Committee on Constitutional Affairs, Legislation and Codification, for review. The Committee requests the Government to take the necessary measures to adopt, as soon as possible, the draft legislation amending section 58 of the Code of Children and Young Persons, so as to prohibit night work for children for a period of 12 consecutive hours.