C079 - Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79)

Subject MatterElimination of child labour and protection of children and young persons,Elimination du travail des enfants et protection des enfants et des adolescents,Eliminación del trabajo infantil y protección de los niños y los menores
CourtInternational Labour Organization
Preamble

The General Conference of the International Labour Organisation,

Having been convened at Montreal by the Governing Body of the International Labour Office and having met in its Twenty-ninth Session on 19 September 1946, and

Having decided upon the adoption of certain proposals with regard to the restriction of night work of children and young persons in non-industrial occupations, which is included in the third item on the agenda of the Session, and

Having determined that these proposals shall take the form of an international Convention,

adopts this ninth day of October of the year one thousand nine hundred and forty-six the following Convention, which may be cited as the Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946:

PART I. GENERAL PROVISIONS
Article 1
  1. 1. This Convention applies to children and young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations.
  2. 2. For the purpose of this Convention, the term non-industrial occupation includes all occupations other than those recognised by the competent authority as industrial, agricultural or maritime occupations.
  3. 3. The competent authority shall define the line of division which separates non-industrial occupations from industrial, agricultural and maritime occupations.
  4. 4. National laws or regulations may exempt from the application of this Convention--
    • (a) domestic service in private households; and
    • (b) employment, on work which is not deemed to be harmful, prejudicial, or dangerous to children or young persons, in family undertakings in which only parents and their children or wards are employed.
Article 2
  1. 1. Children under fourteen years of age who are admissible for full-time or part-time employment and children over fourteen years of age who are still subject to full-time compulsory school attendance shall not be employed nor work at night during a period of at least fourteen consecutive hours, including the interval between eight o'clock in the evening and eight o'clock in the morning.
  2. 2. Provided that national laws or regulations may, where local conditions so require, substitute another interval of twelve hours of which the beginning shall not be fixed later than eight thirty o'clock in the evening nor the termination earlier than six o'clock in the morning.
Article 3
  1. 1. Children over fourteen years of age who are no longer subject to full-time compulsory school attendance and young persons under eighteen years of age shall not be employed nor work at night during a period of at least twelve consecutive hours, including the interval between ten o'clock in the evening and six o'clock in the morning.
  2. 2. Provided that, where there are exceptional circumstances affecting a particular branch of activity or a particular area, the competent authority may, after consultation with the employers' and workers' organisations concerned, decide that in the case of children and young persons employed in that branch of activity or area, the interval between eleven o'clock in the evening and seven o'clock in the morning may be substituted for that between ten o'clock in the evening and six o'clock in the morning.
Article 4
  1. 1. In countries where the climate renders work by day particularly trying, the night period may be shorter than that prescribed in the above articles if compensatory rest is accorded during the day.
  2. 2. The prohibition of night work may be suspended...

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