Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Minimum Age Convention, 1973 (No. 138) - Saint Vincent and the Grenadines (Ratification: 2006)

Other comments on C138

Observation

2023

Direct Request

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Article 2(1) of the Convention. Scope of application. The Committee had previously noted that section 7(2) of the Employment of Women, Young Persons and Children Act of 1938 as amended (EWYPC Act), exempts work in an industrial undertaking or ship in which only members of the same family are employed.

The Committee notes the Government’s information that a recommendation has been made to the relevant authority to undertake legislative measures to ensure that the protection afforded by the Convention is applied to children working in all sectors. The Committee expresses the firm hope that legislative measures ensuring the application of the minimum age provisions to children working in all sectors, including family undertakings will be adopted in the near future. It requests the Government to provide information on any developments made in this regard.

Article 2(3). Compulsory education. The Committee had previously noted that according to Part III of the Education Act of 2006, education shall be free and compulsory for all children from the age of 5 to 16 years which is higher than the minimum age for admission to employment (14 years). It had also noted the Government’s statement that it has been considering revising and raising the minimum age to employment or work as a measure to providing universal access to secondary education for all children of school age.

The Committee notes the Government’s indication that the matter has been drawn to the attention of the relevant authority and the Department of Labour is awaiting a decision in this regard. The Committee once again expresses the firm hope that the Government will take, without delay, the necessary measures to raise the minimum age for employment or work to 16 years, in order to link it with the age of completion of compulsory schooling in conformity with Article 2(3) of the Convention. In this regard, the Committee draws the Government’s attention to the provisions of Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee requests the Government to provide information on any progress made in this regard.

Article 3(1). Minimum age for admission to hazardous work. The Committee had previously observed that the EWYPC Act does not contain a general prohibition on the employment of children below 18 years of age in hazardous work apart from the prohibition on night work under section 3(2) of the EWYPC Act.

The Committee notes the Government’s statement that the Grenada Workshop of 2011 to address all relevant issues pertaining to children and hazardous work has been suspended due to circumstances beyond the control of the Department of Labour. However, the Government states that consultations with the appropriate stakeholders to address the issues related to children and hazardous work will commence shortly. The Committee expresses the firm hope that consultations with stakeholders including the social partners to address the issues related to the minimum age for hazardous work will be held in the near future. It requests the Government to provide information on any measures taken in this regard.

Article 3(2). Determination of hazardous work. The Committee had previously noted that, according to section 6 of the EWYPC Act, the Governor-General may make regulations in respect of the health, welfare and safety of women, young persons and children in any industrial undertaking. The Committee notes the Government’s indication that the forthcoming consultations with the stakeholders will consider this issue. The Committee expresses the firm hope that the consultations with the stakeholders would lead to the adoption of regulations determining the types of work that are hazardous and which are to be prohibited for children under 18 years of age. It requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to hazardous work from the age of 16 years. Following its previous comments, the Committee notes the Government’s reference to the consultations to be held with the stakeholders on the issues related to hazardous work by children. The Committee requests the Government to provide information on any measures taken with regard to authorizing the employment or work of young persons between the ages of 16 and 18 years in hazardous work under strict conditions respecting protection and prior training.

Article 6. Vocational training and apprenticeship. The Committee had previously noted that section 3(1) of the EWYPC Act provides for exemptions to work done by children of not less than 14 years of age in recognized schools provided such work is approved and supervised by a public authority.

The Committee notes the Government’s statement that there are no provisions regulating apprenticeship programmes. The Committee notes however that subsection (3) of the Schedule to the Wages Regulation (Industrial Workers) Order of 2008 addresses the minimum wage paid to an apprentice. In this regard, the Committee requests the Government to take the necessary measures to regulate apprenticeship indicating the minimum age for entry into apprenticeships, the types of work in which an apprenticeship may be undertaken, and the conditions under which an apprenticeship may be undertaken and performed.

Part V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government in its report under the Labour Inspection Convention, 1947 (No. 81), that a labour market information system was officially launched in April 2011. It also notes the Government’s information that there was an increase in the number of inspections carried out in 2010 by 21 per cent.

The Committee notes the Government’s information that there has been no contravention detected during labour inspection activities and no reported cases with respect to the employment of children below the minimum age or in hazardous work.