Communication from the Federal Ministry of Foreign Affairs No. 460 / 1990 Coll.
Communication from the Federal Ministry of Foreign Affairs on the negotiation of the Convention on the Night Work of Juvenile Workers in Industry (revised 1948) (No 90)
Valid
Effective from 12.06.1951
460
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs announces that on 10 July 1948, the Convention on the Night Work of Youth Workers in Industry (revised 1948) (No 90) was adopted at the 31st session of the International Labour Organisation General Conference. Ratification of the Convention by the Czechoslovak Republic was registered on 12 June 1950 by the Director-General of the International Labour Office. Pursuant to Article 12 of the Convention, the Convention entered into force for the Czechoslovak Republic on 12 June 1951.
The Czech translation of the Convention is being announced simultaneously.
Convention No 90
Convention on the Night Work of Juvenile Workers in Industry (revised 1948)
The General Conference of the International Labour Organisation, convened by the Board of Directors of the International Labour Office in San Francisco and met there on 17 June 1948 at its 31st session,
Decides to adopt certain proposals concerning:
partial revision of the Convention on the Night Work of Youth (Industry), 1919, adopted by the Conference of the First Session, which is item 10 of the agenda of the sitting,
state that these proposals will take the form of an international convention,
adopts on 10 July 1948 the following Convention, which will be referred to as the Convention on the Night Work of Youth (revised), 1948:
GENERAL PROVISIONS
(1) For the purposes of this Convention, "industrial undertakings' shall be regarded in particular as:
(a) mines, quarries and other mining undertakings for mining minerals from the ground;
(b) undertakings in which the products are manufactured, modified, cleaned, repaired, decorated, finished, adapted for sale, broken down or destroyed or in which the materials undergo conversion, including shipbuilding undertakings, as well as undertakings for the production, conversion and maintenance of electricity or propulsion of any kind;
(c) civil engineering construction and civil engineering undertakings, including construction, maintenance, reconstruction and demolition works;
(d) undertakings for the transport of persons or goods by road or rail, including the handling of goods in ports, quays, ramps, warehouses or airports.
(2) The competent authority shall establish a line between industry on the one hand and agriculture, trade and other non-industrial activities on the other.
(3) National laws or regulations may exempt from the implementation of this Convention employment by works which are not considered to be harmful, adverse or dangerous to minors and which are carried out in family businesses in which only parents and their children or dependants are employed.
(1) For the purposes of this Convention, the term "night" shall mean at least 12 consecutive hours.
(2) For adolescents under 16 years of age, this period will include a period between 10: 00 p.m. and 6: 00 a.m.
(3) For adolescents aged between 16 and 18, this period shall include a period of time, determined by the competent authority, of at least seven consecutive hours between 10: 00 and 7: 00 in the morning, the competent authority may determine different periods of time for different areas, sectors, undertakings or industrial sectors or establishments, but before determining the period starting after 11: 00 in the evening it shall consult the employers' and workers' organisations concerned.
(1) Adolescents under 18 years of age may not be employed or worked at night in public or private industrial enterprises or in their branches, except in the cases set out below.
(2) The competent authority may, after consulting the participating employers' and workers' organisations, authorise the night work of young people aged 16 but under 18 for the purposes of teaching or vocational training in designated industries or employment which require it to be carried out continuously.
(3) Young workers working at night as referred to in the preceding paragraph will be provided between two shifts of work at least 13 consecutive hours.
(4) Where the country's legislature prohibits night work for all workers in the bakery industry, the competent authority may replace, for the purposes of their school relationship or training, a period of at least seven consecutive hours between 10: 00 and 7: 00 a.m. prescribed by the competent authority on the basis of Article 2 (3) between 9: 00 p.m. and 4: 00 a.m.
(1) In countries where the climate makes working during the day particularly difficult, the night period and the prohibited period may be shorter than the period and period laid down in the previous Articles, provided that replacement rest is provided by day.
(2) The provisions of Articles 2 and 3 will not apply to the night work of young people aged between 16 and 18 in the event of an unforeseen event which could not be averted or predicted, which is not regularly occurring and which prevents the normal operation of an industrial undertaking.
If the public interest so requires in the event of particularly serious circumstances, the government may temporarily lift the ban on the night work of young people aged between 16 and 18.
(1) Legislation implementing the provisions of this Convention:
(a) shall order appropriate measures to be taken to ensure that all those concerned are informed of those provisions;
(b) designate the persons responsible for their compliance;
(c) provide for adequate penalties in respect of infringements;
(d) they shall count on the establishment and maintenance of a system of adequate supervision to ensure their effective compliance;
(e) they shall require that every employer in an industrial enterprise, whether public or private, keeps a register or has official records indicating the names and dates of birth of all persons under the age of 18 who are employed, as well as any other information required by the competent authority.
(2) The annual reports submitted by the Member States pursuant to Article 22 of the ILO Constitution shall contain full information on the legislation referred to in the preceding paragraph and a summary of the results of the surveillance carried out under those rules.
SPECIAL PROVISIONS FOR CERTAIN COUNTRIES
(1) Any Member State which, prior to the date on which it adopts legislation permitting the ratification of this Convention, existed legislation governing the night work of young people in industry who have set an age limit of less than 18 years may replace the age of 18 years laid down in paragraph 1 of Article 3 by a declaration attached to ratification, with an age of less than 18 years but in no case less than 16 years.
(2) A Member State which makes such a declaration may at any time revoke it by a later declaration.
(3) The Member State for which an effective declaration is made pursuant to paragraph 1 of this Article shall each year indicate in the report on the implementation of this Convention the extent to which progress has been made with regard to the full implementation of the provisions of the Convention.
(1) The provisions of Part I of this Convention apply to India, with the exception of the amendments referred to in this Article.
(2) Those provisions apply to all territories where the legislature of India has competence to implement them.
(3) The term "industrial undertaking" includes:
(a) factories, as defined in India's factory law,
(b) mines covered by the Mining Act of India;
(c) railways and ports.
(4) Article 2 (2) shall apply to young persons who have reached 13 years but are less than 15 years old.
(5) Article 2 (3) shall apply to minors aged 15 but under 17.
(6) Article 3 (1) and Article 4 (1) apply to adolescents under 17 years of age.
(7) Article 3 (2), (3) and (4), Article 4 (2) and Article 5 apply to young persons aged 15 but under 17.
(8) Article 6 (1) (e) applies to adolescents under 17 years of age.
(1) The provisions of Part I of this Convention apply to Pakistan, with the exception of the amendments referred to in this Article.
(2) Those provisions apply to all territories where the legislature of Pakistan has competence to implement them.
(3) The term "industrial undertaking" includes:
(a) factories as defined in the Factory Act;
(b) mines covered by the Mining Act;
(c) railways and ports.
(4) Article 2 (2) shall apply to minors aged 13 but under 15.
(5) Article 2 (3) shall apply to young persons aged 15 but under 17.
(6) Article 3 (1) and Article 4 (1) apply to adolescents under 17 years of age.
(7) Article 3 (2), (3) and (4), Article 4 (2) and Article 5 apply to young persons aged 15 but under 17.
(8) Article 6 (1) (e) applies to adolescents under 17 years of age.
(1) At each meeting at which this item is placed on the agenda, the International Labour Conference may, by a two-thirds majority, adopt proposals to amend one or more of the previous Articles of Part II of this Convention.
(2) Any proposals for amendment shall indicate the Member State or Member States to which the proposal relates and shall be submitted to the competent authority or authorities for enactment or other measures in exceptional circumstances within 18 months of the end of the conference.
(3) A Member State which has obtained the approval of the competent authority or authorities will notify the ratification of the amendment to the Director-General of the International Labour Office for Registration.
(4) Once such a draft amendment has been ratified by the Member State or Member States to which it relates, it shall become effective as an amendment to this Convention.
FINAL PROVISIONS
The formal ratification of this Convention shall be notified to and registered by the Director-General of the International Labour Office.
(1) This Convention only obliges the Member States of the International Labour Organisation whose ratification has been registered by the Director-General.
(2) It will take effect 12 months after the ratification of two Member States has been registered by the Director-General.
(3) For each other Member State, this Convention shall take effect 12 months from the date on which its ratification was registered.
(1) Any Member State which has ratified this Convention may denounce it after a period of 10 years from the date on which the Convention first came into force, by written notification to the Director-General of the International Labour Office, who shall record it. The denunciation shall take effect one year after the date on which it was registered.
(2) Any Member State which has ratified this Convention and which does not exercise the right to denounce it under this Article during the year following the expiry of the 10-year period referred to in the preceding paragraph shall be bound by the Convention for a further 10-year period and shall then be able to terminate it after the 10-year period under the conditions laid down in this Article.
(1) The Director-General of the International Labour Office shall notify all Member States of the International Labour Organisation of the registration of any ratification, declaration and denunciation communicated to it by the members of the Organisation.
(2) When notifying the Member States of the Organisation of the minutes of the second ratification notified to it, the Director-General shall notify the Member States of the Organisation of the date on which this Convention enters into force.
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations the full details of all the ratification, declarations and statements which he has entered in accordance with the provisions of the previous Articles.
Whenever deemed necessary, the Administrative Board of the International Labour Office shall present a report to the General Conference on the implementation of this Convention and shall examine whether it is appropriate to put on the agenda of the General Conference a question of its full or partial revision.
(1) Where the General Conference adopts a new Convention which fully or partially revises this Convention and does not provide otherwise for the new Convention:
(a) ratification by a Member State of a new revising Convention shall cause ipso jure to be terminated immediately, regardless of the provisions of Article 13, subject to the fact that the new revising Convention becomes effective;
(b) since the new revised Convention enters into force, this Convention shall cease to be open to the Member States for ratification.
(2) However, this Convention shall remain in force in its form and content for those Member States which have ratified it and which have not ratified the revised Convention.
The English and French versions of this Convention shall be equally authentic.
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No. 460 / 1990 Coll., on the negotiation of the Convention on the Night Work of Teenage Workers in Industry (revised 1948) (No 90) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.1990 |
|---|---|
| Effective from | 12.06.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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