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The Committee has noted the information provided in the Government's report.
The Committee notes that under section 37 of Decree No. 24/PR of the President of the Republic, dated 24 April 1994, promulgating Act No. 002/NA of 14 March 1994 on employment, an employer may employ young workers aged between 15 and 18 years provided that they do not work more than six hours daily or 36 hours weekly. It also notes that under the same section young workers should not be employed to carry out work which is difficult or harmful to their health, including night work in all industrial sectors between 10 o'clock in the evening and 5 o'clock in the morning; this period should be included in the 11 hours of rest before return to work. The Committee recalls that under Article 2(1) of the Convention young people under 18 years of age shall not be employed during the night in any public or private industrial undertaking, or in any branch thereof, in accordance with the provisions of Article 1(1) of the Convention, regardless of whether the work carried out during the night is difficult or harmful to their health.
The Committee hopes that the necessary amendments will be adopted in the near future to ensure full application of the Convention. It requests the Government to indicate any progress achieved on this subject.
The Committee notes the information supplied by the Government in its report.
The Committee refers to its previous comments. It notes that the Labour Code was enacted in 1990 (Ordinance No. 100 of the President of the Republic, dated 24 December 1990, to promulgate Act No. 10/90/ASP, of 20 November 1990, respecting labour). It notes that no provision in the above Labour Code prohibits the night work of children in accordance with the Convention.
The Committee also notes the Government's communication to the effect that the implementation of the Labour Code is giving rise to many difficulties and that it would be necessary to request technical assistance from the ILO. It invites the Government to consider the possibility of requesting the ILO for the technical assistance which it may need to bring the Labour Code into conformity with the Convention and to report any progress achieved in this respect.
Further to its previous comments, the Committee notes the Government's report, according to which the draft Labour Code, which has been submitted to the Council of Ministers, contains provisions prohibiting the night work of young persons in accordance with the provisions of the Convention. The Committee once again hopes that the draft Code will be adopted in the near future and requests the Government to supply the text of it when it is adopted.