Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. In its previous comments, the Committee drew the Government’s attention to the fact that the provisions of the national legislation respecting the minimum age for admission to employment or work were not in conformity with the age specified by the Government when ratifying the Convention. Indeed, although the Government had specified the minimum age of 16 years when ratifying the Convention, section E3 of the Labour Code of 1975 provides that no child shall be employed or shall work in a public or private agricultural or industrial undertaking or in any branch thereof, or on any ship, while the term “child”, by virtue of section E2 of the Labour Code, means a person under the age of 14 years. The Committee has noted on several occasions that amendments to the Labour Code were under examination with a view to bringing the minimum age for admission to employment or work into conformity with the minimum age specified when ratifying the Convention and with the compulsory school-leaving age which, under section 43(1) of the Education Act of 1973, is 16 years of age. The Committee notes that in its most recent report, the Government indicates that the Labour Code is presently under review and that the comments of the Committee would be taken into account. The Committee therefore once again requests the Government to take the necessary measures to amend section E2 of the Labour Code, so as to define a child as a person under the age of 16 years, which would bring the minimum age for admission to employment or work in the national legislation into conformity with the minimum age specified by the Government when ratifying the Convention. It requests the Government to provide information on progress made in amending the Labour Code.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of these types of work. The Committee reminds the Government that Article 3, paragraph 1, of the Convention provides that the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. It also reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee noted the Government’s indication that the Labour Code is presently under review and that the comments of the Committee would be taken into account. The Committee requests the Government to provide information regarding progress towards the adoption of the amendments to the Labour Code, which would contain a list of activities and occupations to be prohibited to persons below 18 years of age, in accordance with Article 3, paragraphs 1 and 2, of the Convention. It also requests the Government to provide information on the consultations held with organizations of employers and workers concerned on this subject. Finally, the Committee asks the Government to provide a copy of the amendments to the Labour Code once they have been adopted.

Article 4, paragraph 2. Exclusion of limited categories of employment or work. The Committee had previously noted that section E3 of the Labour Code provides that the prohibition upon the employment or work of children, that is persons under the age of 14 years (section E2), does not apply to any undertaking or ship on which only members of the same family are employed, to members of a recognized youth organization who are engaged collectively in such employment for the purposes of fund-raising for such an organization, nor to a child who is working together with adult members of his/her family on the same work and at the same time and place. It once again requests the Government to indicate in future reports any changes in law and practice in respect of these excluded categories.