Night Work of Young Persons (Industry) Convention, 1919 (No. 6) - Benin (Ratification: 1960)

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

Articles 2(2), 4 and 7 of the Convention. Non-application of the Convention. In its previous comments the Committee noted that section 153(1) of the Labour Code prohibits night work by young persons under the age of 18 years. It nonetheless observed that section 153(2) of the Code allows exemptions from such prohibition to be granted by decree issued by the Council of Ministers. It accordingly asked the Government to indicate whether Order No. 233 of 11 September 1978 issuing a corrigendum to Order No. 1781 of 12 July 1954, adopted pursuant to the Labour Code of 1952 and providing for exemptions from the prohibition on night work for children, is still in force.

The Committee notes the information supplied by the Government to the effect that the provisions of Order No. 233 of 11 September 1978 may be used for all relevant purposes. In this regard, the Committee observes that, under section 5 of the abovementioned Order, the prohibition on night work by children over 16 years of age may be lifted, temporarily and by a mere advance notice, for the purpose of preventing or remedying accidents in the industries cited in Article 2(2) of the Convention. The Committee notes with satisfaction that section 5 of Order No. 233 is consistent with the provisions of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 2, paragraph 2, Articles 4 and 7 of the Convention. Non-application of the Convention. In its previous comments, the Committee noted that section 153(1) of the Labour Code prohibits night work by young persons under the age of 18 years. It also noted that, under section 153(2), derogations from the prohibition on night work for children may be granted by decree issued by the Council of Ministers. The Committee recalled that the Order of 11 September 1978, issuing a correction to the Order of 12 July 1954, providing derogations concerning night work had been adopted under the 1952 Labour Code and requested the Government to indicate whether these orders were still in force. The Committee notes the information provided by the Government, according to which the Order of 11 September 1978 “may constitute a source of inspiration”. The Committee requests the Government to explain what it means when it says that the Order of 11 September 1978 “may constitute a source of inspiration”. The Committee also requests the Government to indicate whether derogations from the prohibition on night work for children have been granted by decree issued by the Council of Ministers.

Article 3, paragraphs 1 and 4. Period during which night work is prohibited. The Committee previously noted that section 154(1) of the Labour Code provides that any work performed between 9 p.m. and 5 a.m. is considered to be night work for young workers. The Committee also noted that, although section 154(2) provides that the time of the beginning and end of the night may vary with the seasons, it does not specify the limits of possible variations in these times. The Committee therefore requested the Government to supply information concerning the application in practice of section 154(2) of the Labour Code. The Committee notes the information provided by the Government, according to which the variations envisaged are merely a probability and that, in practice, the time of the beginning and end of the night has never varied.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report. It notes in particular the adoption of Act No. 98-004 of 27 January 1998 issuing the Labour Code and requests the Government to supply further information on the following points.

Article 2, paragraph 2, Articles 4 and 7 of the Convention. The Committee notes that section 153(1) of the new Labour Code prohibits in general night work of young persons under the age of 18 years. Under section 153(2) derogations from the prohibition on night work for children aged from 16 to 18 years may be granted by decree issued by the Council of Ministers. The Committee notes the information supplied by the Government to the effect that no such decree has yet been adopted. The Committee recalls that the Order of 11 September 1978, issuing a correction to the Order of 12 July 1954, providing derogations concerning night work was adopted earlier, in application of the 1952 Labour Code. The Committee therefore requests the Government to indicate whether these orders are still in force under the new Labour Code. If this is not the case, bearing in mind the provisions of section 153 and the information supplied by the Government, the Committee requests the latter to take the necessary measures for the adoption of the issuing decree provided under section 153(2) of the Labour Code and to supply a copy once it has been adopted.

Article 3, paragraphs 1 and 4. The Committee notes that section 154(1) of the new Labour Code provides that any work performed between 9 p.m. and 5 a.m. is considered for young workers to be night work. Section 154(2) provides, however, that the time of the beginning and end of the night may vary with the seasons. The Committee notes that this provision does not lay down the limits of possible variations. It therefore requests the Government to supply information concerning the practical application of section 154(2) of the new Labour Code.