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RS 0.822.711.6 Convention no 6 of 28 November 1919 concerning the night work of children in industry

Original Language Title: RS 0.822.711.6 Convention no 6 du 28 novembre 1919 concernant le travail de nuit des enfants dans l’industrie

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0.822.711.6

Original text

Convention on the Night Work of Children in Industry

Adopted in Washington on 28 November 1919 1
Approved by the Federal Assembly on 3 February 1922 2
Instrument of ratification deposited by Switzerland on 9 October 1922
Entry into force for Switzerland on 1 Er October 1923
Ended by conventions n Bone 80 3 And 116 4

(State on 26 March 2012)

The General Conference of the International Labour Organisation

Convened in Washington by the Government of the United States of America on 29 October 1919,

After deciding to adopt various proposals relating to the "employment of children: during the night", which is included in the fourth item of the agenda of the Conference held in Washington, D.C., and

After having decided that these proposals would be drafted in the form of an international convention,

Adopts the following convention, which will be called the Convention on the Night Work of Children (Industry), 1919, to be ratified by the members of the International Labour Organisation, in accordance with the provisions of the Constitution of the Organization International Labour 5 :

Art. 1

For the purposes of this Agreement, the following shall be considered as "industrial establishments" in particular:

(a)
Mines, quarries and extractive industries of all kinds;
(b)
Industries in which products are manufactured, modified, cleaned, repaired, decorated, completed, prepared for sale, or in which materials undergo processing; including ship construction, industries Demolition of equipment, as well as the production, processing and transmission of motor force in general and electricity;
(c)
The construction, reconstruction, maintenance, repair, alteration, or demolition of all buildings and buildings, railways, trams, ports, docks, piers, canals, inland navigation facilities, roads, tunnels, bridges, Viaducts, sewers, ordinary sewers, wells, telegraph or telephone facilities, electrical installations, gas plants, water distribution, or other construction, as well as preparation and foundation work Preceding the above work;
(d)
The carriage of persons or goods by road, railway, including the handling of goods in the docks, wharves, wharfs and warehouses, other than by hand.

2. In each country, the competent authority will determine the dividing line between industry, on the one hand, trade and agriculture, on the other.

Art. 2

1. It is prohibited to employ children under the age of eighteen years in industrial, public or private establishments, or in their dependencies, except those in which the members of the same family are the sole employees, Except in the following cases.

2. The prohibition of night work shall not apply to children over sixteen years of age who are employed, in the industries listed below, in work which, by reason of their nature, must necessarily be continued day and night:

(a)
Iron and steel plants; construction of reverberatory or regeneration furnaces, and galvanizing of iron sheet and wire (except pickling workshops);
(b)
Glassware;
(c)
Paper mills;
(d)
Sugar confectionery where raw sugar is treated;
(e)
Reduction in gold ore.
Art. 3

For the purposes of this Convention, the term "night" means a period of at least eleven consecutive hours, including the interval between ten hours of the evening and five in the morning.

2. In coal and lignite mines, a derogation may be provided for in respect of the rest period referred to in the preceding paragraph, where the interval between the two work periods usually consists of fifteen hours, but never before When this interval is less than thirteen hours.

3. Where the legislation of the country prohibits night work to all staff in the bakery, in this industry, the period between nine and four in the morning shall be substituted for the ten-hour period of the evening. At five in the morning.

4. In tropical countries where work is suspended for a period of time in the middle of the day, the night rest period may be less than 11 hours, provided that compensatory rest is granted during the day.

Art. 4

The provisions of Art. 2 and 3 shall not apply to night work of children between sixteen and eighteen years of age where a case of force majeure which cannot be foreseen or prevented, and which does not have a periodic character, prevents the normal functioning of a Industrial establishment.

Art. 5

With regard to the application of this Convention in Japan, up to 1 Er July 1925, art. 2 shall apply only to children under 15 years of age and, from the date mentioned above, that art. 2 will apply only to children under the age of sixteen.

Art. 6

With respect to the application of this Convention to India, the term "industrial establishment" will only include "mills" defined as such in the "Law of the Factories" of India ( Indian factory act ), and art. 2 will not apply to male children over the age of fourteen.

Art. 7

Where, due to particularly serious circumstances, the public interest will require it, the ban on night work may be suspended by a decision of the public authority, with regard to children between sixteen and eighteen years of age.

Art. 8

The official ratifications of this Convention, under the conditions established by the Constitution of the International Labour Organization, shall be communicated to and registered by the Director General of the International Labour Office.

Art.

1. Any Member of the International Labour Organisation which ratifies this Convention undertakes to apply it to those of its colonies or possessions or to those of its protectorates which do not govern themselves fully, on the reserve Following:

(a)
The provisions of the Convention are not rendered inapplicable by local conditions;
(b)
That the amendments that would be necessary to adapt the Convention to local conditions could be introduced into the Convention.

(2) Each Member shall notify the International Labour Office of its decision in respect of each of those colonies or possessions, or each of its protectorates, which shall not govern themselves fully.

Art. 10

As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office will notify all members of the The International Labour Organisation.

Art. 11

This Convention shall enter into force on the date on which such notification has been effected by the Director General of the International Labour Office; it shall bind only Members who have registered their ratification to the International Bureau Of Labour. Thereafter, this Convention shall enter into force in the light of any other Member, on the date on which the ratification of that Member has been registered with the International Labour Office.

Art. 12

Any Member ratifying this Convention undertakes to apply its provisions by no later than 1 Er July 1922 and to take such measures as will be necessary to make these provisions effective.

Art. 13

Any Member having ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial entry into force of the Convention by an act communicated to the Director General of the International Labour Office and By registered. The denunciation shall take effect only one year after being registered with the International Labour Office.

Art. 14 1

Whenever it deems it necessary, the Executive Board of the International Labour Office shall submit to the General Conference a report on the application of this Convention and shall consider whether it should be included in the agenda Conference the question of its total or partial revision.


1 New content according to Art. 1 of conv. N O 116 of 26 June 1961, approved by the Ass. Fed. 2 Oct. 1962 and in force for Switzerland since 5 Nov 1962 (RO 1962 1404).

Art. 15 Scope of application on 26 March 2012

Both the English and French texts of this Agreement shall prevail.

(Suivent signatures)

Scope of application on 26 March 2012 6

States Parties

Ratification Statement of Succession (S)

Entry into force

Albania

March 17

1932

March 17

1932

Algeria

19 October

1962

19 October

1962

Angola

4 June

1976 S

4 June

1976

Argentina

30 November

1933

30 November

1933

Austria

12 June

1924

12 June

1924

Bangladesh

22 June

1972 S

22 June

1972

Belgium

July 12

1924

July 12

1924

Benin

12 December

1960 S

12 December

1960

Brazil

April 26

1934

April 26

1934

Bulgaria

February 14

1922

February 14

1922

Burkina Faso

21 November

1960 S

21 November

1960

Cambodia

24 February

1969 S

24 February

1969

Chile

September 15

1925

September 15

1925

China

Macao A B

20 December

1999

20 December

1999

Colombia

13 April

1983

13 April

1983

Comoros

23 October

1978 S

23 October

1978

Congo (Brazzaville)

10 November

1960 S

10 November

1960

Cuba

August 6

1928

August 6

1928

Côte d' Ivoire

21 November

1960 S

21 November

1960

Denmark

4 January

1923

4 January

1923

Greenland

May 31

1954

May 31

1954

Faroe Islands

4 January

1923

4 January

1923

Spain

29 September

1932

29 September

1932

Estonia

20 December

1922

20 December

1922

France

August 25

1925

August 25

1925

Guadeloupe

3 February

1934

3 February

1934

Guyana (French)

29 April

1940

29 April

1940

Martinique

3 February

1934

3 February

1934

New Caledonia

29 April

1940

29 April

1940

French Polynesia

29 April

1940

29 April

1940

Meeting

3 February

1934

3 February

1934

Saint Pierre and Miquelon

29 April

1940

29 April

1940

Gabon

14 October

1960 S

14 October

1960

Greece

19 November

1920

19 November

1920

Guinea-Bissau

21 February

1977 S

21 February

1977

Hungary

19 April

1928

19 April

1928

India

July 14

1921

July 14

1921

Ireland

4 September

1925

4 September

1925

Italy

10 April

1923

10 April

1923

Laos

23 January

1964 S

23 January

1964

Latvia

3 June

1926

3 June

1926

Lithuania

19 June

1931

19 June

1931

Luxembourg

April 16

1928

April 16

1928

Madagascar

1 Er November

1960 S

1 Er November

1960

Mali

22 September

1960 S

22 September

1960

Mauritania

20 June

1961 S

20 June

1961

Myanmar

18 May

1948 S

18 May

1948

Nicaragua

12 April

1934

12 April

1934

Niger

February 27

1961 S

February 27

1961

Pakistan

October 31

1947 S

October 31

1947

Poland

21 June

1924

21 June

1924

Portugal

10 May

1932

10 May

1932

Central African Republic

27 October

1960 S

27 October

1960

Romania

13 June

1921

13 June

1921

Senegal

4 November

1960 S

4 November

1960

Switzerland

9 October

1922

1 Er October

1923

Chad

10 November

1960 S

10 November

1960

Togo

7 June

1960 S

7 June

1960

Venezuela

7 March

1933

7 March

1933

Vietnam

3 October

1994

3 October

1994

A

Applicable without modification.

B

From Oct. 4. 1999 to 19 Dec. 1999, the Convention was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of Dec. 1999, the Convention is also applicable to the Macao SAR from 20 Dec. 1999.


RO 39 230 and RS 14 13; FF 1920 V 443


1 The Conv. Was adopted in the first session of the International Labour Conference and signed by the Chairman and the Secretary-General of that session. Each State became a party to this Conv. Only after having deposited its instrument of ratification (art. 11). As a result of the dissolution of the League of Nations (SDN) and the amendment of the Constitution of the International Labour Organization, certain modifications have become necessary in order to ensure the exercise of the functions of the chancery which Were previously assigned to the SDN Secretary General. It has been taken into account throughout the text of the mod. Provided by the Conv. Of 9 Oct. 1946 (RO 63 1103 and RS 14 50).
2 RO 39 225
3 RS 0.822.719.0
4 RS 0.822.721.6
5 RS 0.820.1
6 RO 1973 1169, 1982 303, 2005 2241 and 2012 1673. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on 26 March 2012