Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Minimum Age Convention, 1973 (No. 138) - Angola (Ratification: 2001)

Other comments on C138

Observation

2016

Direct Request

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Article 2(1) of the Convention. Minimum age for admission to employment or work. Family work and occasional work. The Committee previously noted that section 2(d) and (e) of Act No. 2/00 excludes family work and occasional work from the Act’s scope of application. However, the Committee also observed that the Government did not intend to avail itself of the possibility, under Article 4 of the Convention, of excluding these two areas of work from the scope of the Convention. In this regard, the Committee noted the Government’s indication that it was preparing regulations covering family work and occasional work with a view to guaranteeing protection to these categories of workers and bringing the national legislation into conformity with the Convention.

The Committee notes that the new General Labour Act No. 7/15 of 15 June 2015 also excludes family work and occasional work from the scope of its application (section 3). Noting the absence of information in the Government’s report, the Committee once again requests that the Government indicate whether any legislative texts have been adopted that regulate family work and occasional work and which determine the conditions of work of children engaged in these types of employment, particularly with regard to the minimum age for admission for employment or work for these categories of workers. If so, it requests that the Government provide a copy of such regulations.

Article 2(3). Compulsory schooling. With regard to compulsory schooling, the Committee requests that the Government refer to its detailed comments under Article 7(2)(a) of the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7. Light work. The Committee previously noted that sections 283 and 299 of Act No. 2/00, permitted light work, but did not specify a lower minimum age for such work. It also noted that approximately 26 per cent of children between the ages of 5 and 14 are engaged in economic activity.

The Committee notes with interest that section 255 of the new General Labour Act No. 7/15 permits minors (defined as children between the ages of 14 and 18 (section 3(21)) to perform light work that does not involve great physical effort and which is not likely to harm their health and physical and mental development and which enable them to participate in education or training. It also notes that section 259 of Act No. 7/15 regulates the number of hours and conditions of such work by minors.

Article 9(3). Registers of employment. The Committee previously noted the Government’s indication that, in principle, all enterprises keep a list of the names of persons who work for them. Labour inspectors may discharge their functions on the basis of this register, in accordance with Decree No. 155/04. Noting an absence of information on this point in the Government’s report, the Committee once again requests that the Government indicate the provisions of the national legislation requiring employers to keep a list of the persons below 18 years who work for them. It also requests that the Government provide a copy of Decree No. 155/04.