Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Night Work of Young Persons (Industry) Convention, 1919 (No. 6) - Algeria (Ratification: 1962)

Article 3(1) of the Convention. Period during which night work is prohibited. In its previous comments, the Committee noted that, under section 27 of Act No. 90-11 of 21 April 1990 concerning employment relationships (Employment Relationship Act), the term “night work” means any work performed between 9 p.m. and 5 a.m. It also noted that section 28 of the Employment Relationship Act prohibits the employment of workers of either sex under 19 years of age in night work. The Committee noted that the aforementioned Act reiterated the provisions of sections 13 and 14 of Act No. 91 03 of 21 February 1981, on which it had been commenting for many years, as the prohibition of night work for children did not cover a period of at least 11 consecutive hours.

The Committee notes the Government’s indication, in its report, that the Committee’s comments on this matter are to be discussed so that they can be taken into account in the draft Labour Code under preparation. The Committee notes that the draft bill issuing the Labour Code of the People’s Democratic Republic of Algeria defines, in section 43, night work “as any period of work performed between 9 p.m. and 6 a.m. including a working-time interval of seven consecutive hours with a one-hour break”. Recalling that, under 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., and that the Government has been indicating, since 1990, that it will take the Committee’s comments into account, the Committee urges the Government to take the necessary steps without delay to give full effect to the provisions of Article 3(1) of the Convention. It requests the Government to provide information as soon as possible on any progress achieved in this respect. It also requests the Government to indicate whether, under section 43 of the draft Bill issuing the Labour Code, work of under seven consecutive hours performed between 9 p.m. and 6 a.m. is considered night work.