Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el trabajo nocturno de los menores (industria), 1919 (núm. 6) - Colombia (Ratificación : 1983)

Articles 2(1) and (2) and 3(1) of the Convention. Period during which it is prohibited to work at night and exceptions for persons over the age of 16. In its previous comments, the Committee took note of section 114(1) of the Children and Young Persons’ Code, which establishes: (1) that young persons between 15 and 17 years of age are authorized to work a maximum of six hours per day and until 6 p.m. at the latest; and (2) under section 114(2) young persons aged 17 may work a maximum of eight hours a day, until 8 p.m. at the latest. The Committee also noted that the Labour Code defines “night work” as work undertaken between 10 p.m. and 6 a.m. In this regard, the Committee recalled that, even for young persons of 17 years of age, the period to which Article 3(1) of the Convention refers, must be of at least 11 consecutive hours.

The Committee notes the Government’s indication that under section 114(2) of the Children and Young Persons’ Code, for young persons from the age of 17 years, the term “night”, applicable to the underage worker of 17 years, is defined as a period of ten consecutive hours between 8 p.m. and 6 a.m. This definition is aligned with section 160 of the Substantive Labour Code, which establishes that night work is work carried out between 9 p.m. and 6 a.m. However, the Government considers that the law fulfils the requirements of the Convention for the following reasons: (1) the day shift goes from 6 a.m. until 9 p.m. which, while not complying with a period of 11 consecutive hours, enables the young person to carry out his or her work with a sufficient degree of flexibility; and (2) in Colombia, night work is formally prohibited for minors of less than 18 years of age, without the exceptions provided for under Article 2(2) of the Convention. The Government therefore considers that although Colombia does not stipulate a night period of 11 consecutive hours, the difference of one hour is not an obstacle to fulfilling the requirements of the Convention.

The Committee therefore recalls once again 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 o’clock in the evening and 5 o’clock in the morning. In consequence, the Committee requests the Government to adopt the measures necessary to ensure that section 114(2) of the Children and Young Person’s Code is amended to prohibit night work for all young persons of less than 18 years of age, including those of 17 years, during a period of 11 consecutive hours, including the interval between ten o’clock in the evening and five o’clock in the morning. It requests the Government to provide information on the progress achieved in this regard.