Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Night Work of Young Persons (Industry) Convention, 1919 (No. 6) - New Caledonia

Article 2(2) of the Convention. Exceptions to the prohibition of night work of young persons. The Committee notes that, under section Lp. 522-20 of the Labour Code of New Caledonia, exceptions to the prohibition of night work for apprentices under 18 years of age may be granted by the labour inspector for establishments in which night work is in constant use. The Committee notes that the law does not appear to set a minimum age of 16 years for the application of this exception. It however notes the Government’s indication in its report that the labour inspection services have not received any applications for exceptions in respect of night work by minors.

The Committee recalls that the Convention prohibits night work by young persons under 18 years of age in industrial establishments, with the exception of young persons over the age of 16 years in the cases enumerated in Article 2(2) of the Convention on work which, by reason of the nature of the process, is required to be carried on continuously day and night. The Committee requests the Government to indicate the measures taken or envisaged to: (i) ensure that no child under 16 years of age is engaged in night work; and (ii) specify the activities in which night work may be authorized for young persons over the age of 16 years.

Article 3(1). Period during which night work is prohibited. The Committee notes, according to the Government’s indications, that: (1) section Lp. 253-1 of the Labour Code provides that night work shall be prohibited for all young workers under 18 years of age; and (2) section Lp. 222-19 of the Labour Code considers night work to consist of all work performed between ten o’clock in the evening and five o’clock in the morning.

The Committee observes that night work, as defined in section Lp. 222-19 of the Labour Code, does not cover a period of at least 11 consecutive hours. It recalls that, under Article 3(1) of the Convention, the term “night” signifies a period of at least 11 consecutive hours, including the interval between ten o’clock in the evening and five o’clock in the morning. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure that the prohibition of night work for young persons covers in all cases a period of at least 11 consecutive hours, including the interval between ten o’clock in the evening and five o’clock in the morning.