460/1990 Coll.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs says that the June 10. July
1948 was the 31 meeting of the General Conference of the international organization
work accepted Convention on night work of adolescents employed in the industry
(revised 1948) (No. 90). The ratification of the Convention by the Czechoslovak Republic
It was registered on 12 June 2006. June 1950 by the Director General of the international
the Labour Office. According to article 12 of the Convention entered for the Czechoslovak
Republic in force on 12 March 2005. June 1951.
Czech translation of the Convention shall be published at the same time.
Convention No. 90
Convention concerning the night work of adolescents employed in industry (revised
1948)
The General Conference of the International Labour Organization, which was convened
The Administrative Council of the International Labour Office to San Francisco and there met
on 17 June 1948 at its thirty-first session,
rozhodnuvši will accept some of the proposals relating to the
partial revision of the Convention concerning night work of adolescents (industry), 1919
adopted by the Conference at the first session, which is the tenth point of the rules
agenda of the meeting,
stanovivši, that these proposals will take the form of an International Convention,
on 10 July 1948, adopts this Convention on night work of adolescents
(industry) (revised), 1948:
PART I.
General provisions
Article 1
(1) for the purposes of this Convention shall be considered "industrial enterprises" to be treated as
in particular:
a) mines, quarries and other mining companies for the extraction of minerals from the Earth;
b) undertakings in which articles are manufactured, prepared, čistěny,
repaired, embellished with, completed, adapted for sale, rozbíjeny
or destroyed or where the matter subject to conversion, including undertakings in the
shipbuilding, as well as the production, transformation and management of electricity or the
the motive power of any kind;
(c)) the undertakings and enterprises of civil engineering construction, including work on the
the construction, maintenance, conversion and demolition;
d) undertakings for the carriage of persons or goods by road or after
railways, including the handling of goods in ports, on, on
ramps, warehouses or airports.
(2) the competent authority shall designate the boundary between industry on the one hand, and
Agriculture, trade and other activities on the neprůmyslovými
the second.
(3) national laws or regulations may, of the implementation of the Convention
cut the employment of labor, which are not considered harmful
adverse or dangerous to minors and which are carried out in the family
the businesses in which they are employed only parents and their children or
ordinands.
Article 2
(1) for the purposes of this Convention, the term "night" means for at least 12
consecutive hours.
(2) a juvenile under the age of 16 years will this time include time
the section between ten o'clock in the evening and six in the morning.
(3) For young people from 16 to 18 years of age will this time include
the period of time specified by the competent authority, for a duration of at least seven consecutive
consecutive hours between ten o'clock in the evening and 7 a.m. in the morning,
the competent authority may decide to fix different periods for different areas,
industries, businesses or industries or establishments, but prior to determining the
time period beginning after eleven o'clock in the evening, consult
the participating organisations of employers and workers.
Article 3
(1) young persons under eighteen years of age shall not be employment or work
at night, in public or in private industrial enterprises, or in
their branches, in addition to the cases set out below.
(2) the competent authority may, after consultation with the organisations
employers and workers to enable night work of adolescents who
have reached the age of sixteen, however, are under the age of eighteen years, for the purposes of
apprenticeship or vocational training in specified industrial
sectors or occupations that require to be exercised
24/7.
(3) Minors working at night under the preceding paragraph, the
provided between two work shifts to rest at least
Thirteen consecutive hours.
(4) where the legislation of the country prohibits night work for all workers in the
the bakery industry, the competent authority may for the juveniles who have reached the
Sixteen years, for the purposes of apprenticeship or vocational training
replace for at least seven consecutive hours between ten o'clock
in the evening and 7 a.m. in the morning, prescribed by the competent authority on the basis of
Article 2, paragraph 3, the time between nine o'clock in the evening of the fourth hour
in the morning.
Article 4
(1) in countries where the climate renders work by day particularly difficult, may be
the night period and prohibited time period is shorter than the period and the period of time
laid down in the preceding articles, if the replacement
rest day.
(2) the provisions of articles 2 and 3 shall not apply to night work
minors between the ages of sixteen to eighteen years of age in the case of
unpredictable events, which could not be averted or foreseen, to
which does not occur on a regular basis and that prevents normal operation of industrial
of the business.
Article 5
If in the case of particularly serious circumstances, requires public
interest, the Government may temporarily lift the ban on night work of adolescents
from sixteen to eighteen years of age.
Article 6
(1) the legislation implementing the provisions of this Convention:
and) give to take appropriate measures so that these provisions were introduced
all concerned,
(b)) shall designate a person responsible for their observance,
(c)) provides for appropriate penalties for their violation,
(d)) will be counted in the setting up and maintaining an adequate system of supervision to the
ensure their effective observance,
e) require every employer in an industrial undertaking
public or private register or had available the official
records indicating the names and dates of birth of all persons under the age of eighteen
years, which employs, as well as other information, if any, required by the
by the competent authority.
(2) the annual reports to be submitted by Member States pursuant to article 22 of the Constitution
The international labour organisation shall contain complete information on the legal
the provisions referred to in the previous paragraph, and a summary of the results
carried out in accordance with these rules.
PART II.
Special provisions for certain countries
Article 7
(1) each Member State in which, before the date, when by law
provisions enabling the ratification of this Convention, there were legal
provisions governing night work of adolescents in the industry, which
set the age threshold of less than eighteen years of age, the statement
attached to the ratification of the age of eighteen years to replace a stored in paragraph 1
Article 3, age of less than 18 years of age but in no case
less than sixteen years of age.
(2) a Member State which makes such a declaration, it will be able to at any time
Cancel statement later.
(3) the Member State for which the effective declaration, made under
paragraph 1 of this article, each year in the report on the implementation of the Convention
indicate the extent to which progress has been made in terms of the full implementation of the
the provisions of the Convention.
Article 8
(1) the provisions of part I of this Convention shall apply to India with the exception of
the changes listed in this article.
(2) the said provisions shall apply to any territory to which it has
the legislator is to make India a competency.
(3) the term "industrial undertaking" includes:
and as factories) are defined in the law of India about the factories,
b) mines, which are covered by the law on mines, India
c) railways and ports.
(4) article 2, paragraph 2 shall apply to minors who have reached the
Thirteen years of age, but are under the age of 15 years.
(5) article 2, paragraph 3 applies to minors who have reached the
fifteen years old, but are under the age of seventeen years.
(6) article 3 paragraph 1 and article 4, paragraph 1 shall apply to minors,
who are under the age of seventeen years.
(7) article 3 paragraphs 2, 3 and 4, article 4, paragraph 2, and article 5, the
apply to minors who have reached 15 years of age, but younger
Seventeen years of age.
(8) article 6, paragraph 1 (e) shall apply to juveniles who are under
Seventeen years of age.
Article 9
(1) the provisions of part I of this Convention shall apply to Pakistan with the exception of
the changes listed in this article.
(2) the said provisions shall apply to any territory to which it has
legislative body of Pakistan's competency to perform.
(3) the term "industrial undertaking" includes:
and as factories) are defined in the law on the factories,
b) mines, which are covered by the law on mines,
c) railways and ports.
(4) article 2, paragraph 2 shall apply to minors who have reached the age
Thirteen years of age, but are under the age of 15 years.
(5) article 2, paragraph 3 applies to minors who have reached the age
fifteen years old, but are under the age of seventeen years.
(6) article 3 paragraph 1 and article 4, paragraph 1 shall apply to minors,
who are under the age of seventeen years.
(7) article 3 paragraphs 2, 3 and 4, article 4, paragraph 2, and article 5, the
apply to minors who have reached 15 years of age, but younger
Seventeen years of age.
(8) article 6, paragraph 1 (e) shall apply to juveniles who are under
Seventeen years of age.
Article 10
(1) the International Labour Conference may, at any session at which it is
This item included on the agenda of a two-thirds majority, to adopt
proposals for the amendment of one or more of the preceding articles of part II. This
of the Convention.
(2) in all proposals to amend the will indicate the Member State or Member
States to which the application relates, and these proposals will be within one year
or in exceptional circumstances, within eighteen months of the end of the meeting
the Conference submitted by the Member State or Member States
competent authority or authorities to enact or take other
measures.
(3) a Member State which reaches the consent of the competent authority or
authorities shall be notified to the Director General of the international ratification of changes to the
Labour Office for registration.
(4) once a proposal for an amendment is ratified by a Member State or
Member States to which it applies, shall take effect as an amendment
of this Convention.
PART III.
Final provisions
Article 11
The formal ratifications of this Convention shall be communicated to the Director-
The International Labour Office and written by him.
Article 12
(1) this Convention obliges Member States only, international organization
labour, whose ratification has been registered by the Director General.
(2) shall take effect twelve months after the date the Director writes
the ratification of the two Member States.
(3) in each Member State, this Convention shall take effect twelve
months from the date on which its ratification has been registered.
Article 13
(1) each Member which has ratified this Convention, it may,
terminate after a period of 10 years from the date on which this Convention first acquired
the effectiveness of written communication, the Director General of the International Office
work that is writes. Denunciation shall take effect one year after the date on which the
It was registered.
(2) any Member State which has ratified this Convention and which does not apply
rights to terminate her under this article during the year following
the expiry of the period of ten years, as indicated in the previous paragraph, the
bound by the Convention for the next ten-year period and then it will be able to terminate
on the expiry of the 10-year period, under the conditions laid down in this
article.
Article 14
(1) the Director General of the International Labour Office shall notify all Member
States, the International Labour Organisation the ratification, writing any statement
and depositions, which he shall communicate to the members of the organization.
(2) when the Member States of the Organization to communicate to write the second
the ratification was announced to him, General Manager notifies Member
States of the Organization to the date when this Convention enters into force.
Article 15
Director General of the International Labour Office shall notify the
the Secretary-General of the United Nations for registration in accordance with article 102 the Charter of the United
Nations full particulars of all ratifications, declarations and denunciations,
which enrolled under the provisions of the preceding articles.
Article 16
Always, if deemed necessary, the Governing Board of the International Office
work shall submit to the General Conference a report on the implementation of this Convention, and
examine whether it is advisable to put on the agenda of the General Conference
the question of its full or partial revision.
Article 17
(1) if the General Conference shall adopt a new Convention revising all or
partly this Convention and does not appoint a new Convention:
and the new Convention revising) the ratification by a Member State will result ipso jure
immediate denunciation of this Convention, notwithstanding the provisions of article 13,
with the proviso that the new revising Convention enters into force,
(b)), from the time when the new revising Convention enters into force, this Convention
Member States shall cease to be open to ratification.
(2) this Convention shall remain in force, however, both in form and content for those
Member States which have ratified it, and that have not ratified the revising
the Convention.
Article 18
The English and French texts of this Convention are equally authentic.
