Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) - Paraguay (Ratification: 1966)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 3 of the Convention. Period during which it is forbidden to work at night. In its previous comments, the Committee noted with satisfaction that under section 2 of Decree No. 4951 of 22 March 2005, night work between 7 p.m. and 7 a.m., i.e. a period of 12 hours, is classified as dangerous and that, pursuant to section 3 of the Decree, it is prohibited for children under 18 years of age. It nonetheless noted that section 58 of the Children’s and Young Persons’ Code prohibits night work for children aged 14 to 18 years for a period of ten hours including the interval between 8 p.m. and 6 a.m. In order to avoid any ambiguity in the law, the Committee deemed it advisable to align section 58 with the Children’s and Young Persons’ Code with Decree No. 4951 of 22 March 2005 and the Convention, by introducing an amendment to increase to 12 hours the period during which young persons must not work at night.

While noting the information from the Government that the exceptions allowed by this provision of the Convention have not been used, the Committee again expresses the view that it would be advisable to align section 58 of the Children’s and Young Persons’ Code with Decree No. 4951 of 22 March 2005, the Convention and practice. It requests the Government to take the necessary steps to amend section 58 of the Children’s and Young Persons Code and to establish that the period during which children may not work at night must be 12 hours.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.