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Minimum Age Convention, 1973 (No. 138) - Antigua and Barbuda (Ratification: 1983)

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Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Article 3(1) and (2) of the Convention. Minimum age for admission to hazardous work and determination of these types of work. The Committee previously noted the Government’s indication that the unions and employers’ federation were consulted regarding the activities and occupations which should be prohibited to persons below 18 years of age. It noted that although a recommendation was made, it was not submitted before the National Labour Board, as it was the Government’s aim to revamp the occupational health and safety legislation. Thereafter, the Committee noted the Government’s statement that the proposed amendments to the provisions of the Labour Code on occupational health and safety have been circulated to Cabinet, but have not yet been adopted. It further noted the Government’s indication that technical assistance was sought in relation to new and separate occupational health and safety legislation.
The Committee notes the Government’s indication in its report that the National Labour Board is currently reviewing the occupational health and safety legislation. The Government states that it has noted the Committee’s comments and that it will act accordingly. The Committee notes with regret that the list of hazardous types of work prohibited for children under 18 years of age has still not been adopted. The Committee therefore once again reminds the Government that Article 3(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(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. Observing that the Convention was ratified by Antigua and Barbuda more than 30 years ago, the Committee urges the Government to take the necessary measures to ensure that a list of activities and occupations prohibited for persons below 18 years of age is adopted in the near future, in accordance with Article 3(1) and (2) of the Convention. It encourages the Government to pursue its efforts in this regard through amendments to the occupational health and safety legislation, and to provide information on progress made. Lastly, it requests that the Government provide a copy of the amendments to the occupational health and safety legislation once adopted.
The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 3(1) and (2) of the Convention. Minimum age for admission to hazardous work and determination of these types of work. The Committee previously noted the Government’s indication that the unions and employers’ federation were consulted regarding the activities and occupations which should be prohibited to persons below 18 years of age. It noted that although a recommendation was made, it was not submitted before the National Labour Board, as it was the Government’s aim to revamp the occupational health and safety legislation. Thereafter, the Committee noted the Government’s statement that the proposed amendments to the provisions of the Labour Code on occupational health and safety have been circulated to Cabinet, but have not yet been adopted. It further noted the Government’s indication that technical assistance was sought in relation to new and separate occupational health and safety legislation.
The Committee notes the Government’s indication in its report that the National Labour Board is currently reviewing the occupational health and safety legislation. The Government states that it has noted the Committee’s comments and that it will act accordingly. The Committee notes with regret that the list of hazardous types of work prohibited for children under 18 years of age has still not been adopted. The Committee therefore once again reminds the Government that Article 3(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(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.Observing that the Convention was ratified by Antigua and Barbuda more than 30 years ago, the Committee urges the Government to take the necessary measures to ensure that a list of activities and occupations prohibited for persons below 18 years of age is adopted in the near future, in accordance with Article 3(1) and (2) of the Convention. It encourages the Government to pursue its efforts in this regard through amendments to the occupational health and safety legislation, and to provide information on progress made. Lastly, it requests that the Government provide a copy of the amendments to the occupational health and safety legislation once adopted.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 3(1) and (2) of the Convention. Minimum age for admission to hazardous work and determination of these types of work. The Committee previously noted the Government’s indication that the unions and employers’ federation were consulted regarding the activities and occupations which should be prohibited to persons below 18 years of age. It noted that although a recommendation was made, it was not submitted before the National Labour Board, as it was the Government’s aim to revamp the occupational health and safety legislation. Thereafter, the Committee noted the Government’s statement that the proposed amendments to the provisions of the Labour Code on occupational health and safety have been circulated to Cabinet, but have not yet been adopted. It further noted the Government’s indication that technical assistance was sought in relation to new and separate occupational health and safety legislation.
The Committee notes the Government’s indication in its report that the National Labour Board is currently reviewing the occupational health and safety legislation. The Government states that it has noted the Committee’s comments and that it will act accordingly. The Committee notes with regret that the list of hazardous types of work prohibited for children under 18 years of age has still not been adopted. The Committee therefore once again reminds the Government that Article 3(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(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. Observing that the Convention was ratified by Antigua and Barbuda more than 30 years ago, the Committee urges the Government to take the necessary measures to ensure that a list of activities and occupations prohibited for persons below 18 years of age is adopted in the near future, in accordance with Article 3(1) and (2) of the Convention. It encourages the Government to pursue its efforts in this regard through amendments to the occupational health and safety legislation, and to provide information on progress made. Lastly, it requests that the Government provide a copy of the amendments to the occupational health and safety legislation once adopted.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3(1) and (2) of the Convention. Minimum age for admission to hazardous work and determination of these types of work. The Committee previously noted the Government’s indication that the unions and employers’ federation were consulted regarding the activities and occupations which should be prohibited to persons below 18 years of age. It noted that although a recommendation was made, it was not submitted before the National Labour Board, as it was the Government’s aim to revamp the occupational health and safety legislation. Thereafter, the Committee noted the Government’s statement that the proposed amendments to the provisions of the Labour Code on occupational health and safety have been circulated to Cabinet, but have not yet been adopted. It further noted the Government’s indication that technical assistance was sought in relation to new and separate occupational health and safety legislation.
The Committee notes the Government’s indication in its report that the National Labour Board is currently reviewing the occupational health and safety legislation. The Government states that it has noted the Committee’s comments and that it will act accordingly. The Committee notes with regret that the list of hazardous types of work prohibited for children under 18 years of age has still not been adopted. The Committee therefore once again reminds the Government that Article 3(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(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. Observing that the Convention was ratified by Antigua and Barbuda more than 30 years ago, the Committee urges the Government to take the necessary measures to ensure that a list of activities and occupations prohibited for persons below 18 years of age is adopted in the near future, in accordance with Article 3(1) and (2) of the Convention. It encourages the Government to pursue its efforts in this regard through amendments to the occupational health and safety legislation, and to provide information on progress made. Lastly, it requests that the Government provide a copy of the amendments to the occupational health and safety legislation once adopted.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3(1) and (2) of the Convention. Minimum age for admission to hazardous work and determination of these types of work. The Committee previously noted the Government’s indication that consultations were held with the unions and employers’ federation regarding the activities and occupations to be prohibited to persons below 18 years. It noted that though a recommendation was made, it was not taken before the National Labour Board, as it was the Government’s aim to revamp the occupational health and safety legislation. Thereafter, the Committee noted the Government’s statement that the proposed amendments to the section of the Labour Code on occupational health and safety provisions have been circulated to Cabinet, but have not yet been adopted. It further noted the Government’s indication that technical assistance was sought in consideration for new and separate occupational health and safety legislation.
The Committee notes with regret that the Government’s report does not contain any information relating to any amendments to the national labour legislation in this regard. However, the Government indicates that it will act accordingly. The Committee, therefore once again, reminds the Government that Article 3(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(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. Observing that the Convention was ratified by Antigua and Barbuda more than 30 years ago, the Committee urges the Government to take the necessary measures to ensure that a list of activities and occupations prohibited for persons below 18 years of age is adopted in the near future, in accordance with Article 3(1) and (2) of the Convention. It encourages the Government to pursue its efforts in this regard through amendments to the occupational health and safety legislation, and to provide information on progress made. Lastly, it requests the Government to provide a copy of the amendments to the occupational health and safety legislation once adopted.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2(1) and (3) of the Convention. Minimum age for admission to employment and age of completion of compulsory schooling. The Committee previously requested the Government to prohibit the employment of persons under 16 years of age, in conformity with the minimum age for admission to employment specified by the Government when ratifying the Convention.
In this regard, the Committee notes with satisfaction that the Education Act of 2008 (Act No. 21 of 2008) prohibits employing a child of school age during the school year (pursuant to section 47(1)) and specifies that education is compulsory for all persons under 16 years of age (pursuant to section 27(1)). The Committee also notes that section 47 of Act No. 21 of 2008 establishes a penalty of a fine not exceeding $2,000 for any person or corporation who employs a child of compulsory school age (of 16 years), as well as every director and officer of such a corporation who authorizes, permits or acquiesces in such contravention. Moreover, the Committee notes that Act No. 21 of 2008 provides that, pursuant to section 37, it shall be the duty of every parent to cause a child of compulsory school age to receive an education by regular attendance in school, and pursuant to section 46, any parent who neglects or refuses this duty commits an offence and is liable to a fine not exceeding $1,000. The Committee further notes that section 39 of Act No. 21 of 2008 provides for the designation of school attendance counsellors to assist with the enforcement of the compulsory attendance provisions of the Act. In this respect, the Committee notes that, pursuant to section 41 of Act No. 21 of 2008, school attendance counsellors may enter premises where it is believed that a child of compulsory school age is employed in contravention of the Act. Pursuant to section 43, a school attendance counsellor may apprehend and deliver to school a child of compulsory school going age who is absent from school.
Article 3(1) and (2). Minimum age for admission to hazardous work and determination of these types of work. The Committee previously noted the Government’s indication that consultations were held with the unions and employers’ federation regarding the activities and occupations to be prohibited to persons below 18 years. The Committee noted that though a recommendation was made, it was not taken before the National Labour Board, as it was the Government’s aim to revamp the occupational health and safety legislation.
The Committee notes the Government’s statement that proposed amendments to the section of the Labour Code on occupational health and safety provisions have been circulated to Cabinet, but have not yet been adopted. The Government also indicates that technical assistance is being sought in consideration for new and separate occupational health and safety legislation. The Committee further notes that members of the Department of Labour attended a training workshop in June 2011, organized within the framework of the Occupational Safety and Health and Environment Programmes in the Caribbean. The Committee once again reminds the Government that Article 3(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(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 urges the Government to take the necessary measures to ensure that a list of activities and occupations prohibited for persons below 18 years of age is adopted in the near future, in accordance with Article 3(1) and (2) of the Convention. It encourages the Government to pursue its efforts in this regard through amendments to the occupational health and safety legislation, and to continue to provide information on progress made. Lastly, it requests the Government to provide a copy of the amendments to the occupational health and safety legislation once adopted.
Article 4(2). Exclusion of limited categories of employment or work. The Committee previously noted that, in the Government’s first report, it excluded from the application of the scope of the Convention limited categories of employment or work, pursuant to Article 4(2) of the Convention. In this regard, the Committee noted that section E3 of the Labour Code provides that the prohibition upon the employment or work of children, 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. The Committee requested the Government to indicate any changes in law and practice in respect of these excluded categories. In this regard, the Committee notes the Government’s statement that there are no new legislative or other measures affecting the application of the Convention.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(1) and (3) of the Convention. Minimum age for admission to employment and age of completion of compulsory schooling. 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 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 had 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 in the Government latest report that a draft of the Labour Code is being circulated, where section E2 of the Labour Code has been amended to fall in line with the minimum age as specified upon ratification. Observing that the Convention was ratified by Antigua and Barbuda more than 25 years ago, the Committee urges the Government to take the necessary measures to ensure the adoption of the draft Labour Code, whose section E2 has been amended to define a child as a person under the age of 16, which would bring the minimum age for admission to employment or work in the national legislation in conformity with the minimum age specified upon ratification. It requests the Government to provide a copy thereof once it has been adopted.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of these types of work. The Committee notes from the Government’s current report that consultations were held with the unions and employer’s federation regarding the activities and occupations to be prohibited to persons below 18 years. The Committee notes that though a recommendation was made, it was not taken before the National Labour Board, as it is the Government’s aim to revamp the occupational health and safety legislation. The Committee reminds the Government that Article 3(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(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 requests the Government to provide information regarding the progress made towards amending the occupational health and safety legislation, which would contain a list of activities and occupations to be prohibited to persons below 18 years of age, in accordance with Article 3(1) and (2) of the Convention. It also requests the Government to provide a copy of the amendments to the occupational health and safety legislation once they have been adopted.

Article 4(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. Noting that the Government’s report does not contain any information on this subject, the Committee urges the Government to indicate in future reports any changes in law and practice in respect of these excluded categories.

The Committee invites the Government to consider seeking technical assistance from the ILO.

[The Government is asked to reply in detail to the present comments in 2011.]

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.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

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 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 had noted on several occasions that amendments to the Labour Code of 1975 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 noted that in its most recent report, the Government indicated that the Labour Code was 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 inform it of progress made in amending the Labour Code.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee reminded 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 reminded 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 was 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 organization, nor to a child who is working together with adult members of his or 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 categories excluded.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It requests it to supply further information on the following points.

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 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 of 1975 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 will 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 inform it of progress made in amending the Labour Code.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous 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 notes the Government’s indication that the Labour Code is presently under review and that the comments of the Committee will 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 organization, nor to a child who is working together with adult members of his or 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 categories excluded.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 3, paragraph 1. The Committee requests the Government to indicate the measures that it intends taking to ensure 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 is not less than 18 years, in accordance with this provision of the Convention.

2. The Committee notes that section E11 of the Labour Code provides that the Minister responsible for the application of labour legislation may make regulations to improve the application of the provisions of Division E of the Labour Code, which concerns the employment of women, young persons and children. It requests the Government to provide a copy of any regulations adopted in relation to the employment or work of children and young persons which impinges upon the application of the Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 2, paragraphs 1 and 3, of the Convention. 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 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 of 1975 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 last report the Government refers once again to the draft amendment, without indicating whether it has in practice been adopted. The Committee therefore 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 envisaged in the national legislation into conformity with the minimum age specified by the Government when ratifying the Convention.

Article 4, paragraph 2. The Committee notes 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 organization, nor to a child who is working together with adult members of her or his family on the same work and at the same time and place. It requests the Government to indicate in future reports any changes in law and practice in respect of these categories excluded.

The Committee is drawing the Government’s attention to other matters in a direct request.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 3, paragraph 1. The Committee requests the Government to indicate the measures that it intends taking to ensure 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 is not less than 18 years, in accordance with this provision of the Convention.

2. The Committee notes that section E11 of the Labour Code provides that the Minister responsible for the application of labour legislation may make regulations to improve the application of the provisions of Division E of the Labour Code, which concerns the employment of women, young persons and children. It requests the Government to provide a copy of any regulations adopted in relation to the employment or work of children and young persons which impinges upon the application of the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 2, paragraphs 1 and 3, of the Convention. 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 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 of 1975 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 last report the Government refers once again to the draft amendment, without indicating whether it has in practice been adopted. The Committee therefore 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 envisaged in the national legislation into conformity with the minimum age specified by the Government when ratifying the Convention.

Article 4, paragraph 2. The Committee notes 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 organization, nor to a child who is working together with adult members of her or his family on the same work and at the same time and place. It requests the Government to indicate in future reports any changes in law and practice in respect of these categories excluded.

The Committee is drawing the Government’s attention to other matters in a direct request.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Also referring to its observation, the Committee requests the Government to provide information on the following points.

1. Article 2, paragraphs 1 and 2, of the Convention. The Committee notes the information provided by the Government in its report to the effect that the legal age for admission to work in any field is 18 years. The Committee requests the Government to provide a copy of the text containing these provisions.

2. Article 3, paragraph 1. The Committee requests the Government to indicate the measures that it intends taking to ensure 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 is not less than 18 years, in accordance with this provision of the Convention.

3. The Committee notes that section E11 of the Labour Code provides that the Minister responsible for the application of labour legislation may make regulations to improve the application of the provisions of Division E of the Labour Code, which concerns the employment of women, young persons and children. It requests the Government to provide a copy of any regulations adopted in relation to the employment or work of children and young persons which impinges upon the application of the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Article 2, paragraphs 1 and 3, of the Convention. 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 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 of 1975 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 last report the Government refers once again to the draft amendment, without indicating whether it has in practice been adopted. The Committee therefore 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 envisaged in the national legislation into conformity with the minimum age specified by the Government when ratifying the Convention.

Article 4, paragraph 2. The Committee notes 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 organization, nor to a child who is working together with adult members of her or his family on the same work and at the same time and place. It requests the Government to indicate the measures that it envisages taking to ensure that the categories of workers indicated above are not excluded from the protection afforded by the Convention and to describe current practice with regard to these categories, in accordance with these provisions of the Convention.

The Committee trusts that the Government will be able to provide information in the very near future on the measures taken to give effect to the Convention on these points.

The Committee is drawing the Government’s attention to other matters in a direct request.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will contain full information on the following matters raised in its previous direct request:

  Article 2, paragraphs 2 and 3, of the Convention. The Committee previously noted that amendments to the Labour Code of 1975 were under examination since 1987, to bring the minimum age for admission to employment or work (presently 14 years) under section E3 of the Labour Code, read in conjunction with section E2, into conformity with its declaration appended to its ratification, in which the Government had specified a minimum age of 16 years. The Committee recalled the Government’s indication that the proposed amendments were being re examined in the light of current developments, and that the enactment was expected to take place in 1997 at the latest. It requests the Government to supply information on any progress made in this regard.

The Committee noted the indication in the Government’s report that the minimum age of admission to any employment or work in agriculture is fixed at 18 years of age. It requests the Government to indicate the legislation which prescribes this minimum age in agriculture.

  Article 4, paragraph 2. The Committee noted once again the Government’s indication that there had been no change in the position of the national law and practice in respect of the categories of young people excluded from the application of the Convention (section E3 of the Labour Code), i.e. such categories as those in any undertaking or shop in which only members of the same family are employed, and a child who is working together with adult members of his family on the same work and at the same time and place. The Committee requests the Government to continue to indicate in future reports any changes in law and practice in respect of these categories excluded.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report does not reply to the comments made by the Committee in 1999. The Committee hopes the Government will supply information requested in the previous direct request and further information on the following points in relation to the Government’s indication in its report.

Article 2, paragraphs 2 and 3, of the Convention.  The Committee previously noted that amendments to the Labour Code of 1975 were under examination since 1987, to bring the minimum age for admission to employment or work (presently 14 years) under section E3 of the Labour Code, read in conjunction with section E2, into conformity with its declaration appended to its ratification, in which the Government had specified a minimum age of 16 years. The Committee recalled the Government’s indication that the proposed amendments were being re-examined in the light of current developments, and that the enactment is expected to take place in 1997 at the latest. It requests the Government to supply information on any progress made in this regard.

The Committee notes the indication in the Government’s report that the minimum age of admission to any employment or work in agriculture is fixed at 18 years of age. It requests the Government to indicate the legislation which prescribes this minimum age in agriculture.

Article 4, paragraph 2.  The Committee notes once again the Government’s indication that there has been no change in the position of the national law and practice in respect of the categories of young people excluded from the application of the Convention (section E3 of the Labour Code), i.e. such categories as those in any undertaking or shop in which only members of the same family are employed, and a child who is working together with adult members of his family on the same work and at the same time and place. The Committee requests the Government to continue to indicate in future reports any changes in law and practice in respect of these categories excluded.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 2, paragraphs 2 and 3, of the Convention. The Committee previously noted that amendments to the Labour Code of 1975 were under examination since 1987, to bring the minimum age for admission to employment or work (presently 14 years) under section E3 of the Labour Code, read in conjunction with section E2, into conformity with its declaration appended to its ratification, in which the Government had specified a minimum age of 16 years. The Committee noted the Government's indication that the proposed amendments were being re-examined in the light of current developments, and that the enactment is expected to take place in 1997 at the latest. It requests the Government to supply information on any progress made in this regard.

Article 4, paragraph 2. The Committee noted the Government's indication that the position of the national law and practice has not changed in respect of the categories of young people excluded from the application of the Convention (section E3 of the Labour Code), i.e. such categories as those in any undertaking or shop in which only members of the same family are employed, and a child who is working together with adult members of his family on the same work and at the same time and place. The Committee requests the Government to indicate in future reports any changes in law and practice in respect of these categories excluded.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 2, paragraphs 2 and 3, of the Convention. The Committee previously noted that amendments to the Labour Code of 1975 were under examination since 1987, to bring the minimum age for admission to employment or work (presently 14 years) under section E3 of the Labour Code, read in conjunction with section E2, into conformity with its declaration appended to its ratification, in which the Government had specified a minimum age of 16 years. The Committee noted the Government's indication that the proposed amendments were being re-examined in the light of current developments, and that the enactment is expected to take place in 1997 at the latest. It requests the Government to supply information on any progress made in this regard.

Article 4, paragraph 2. The Committee noted the Government's indication that the position of the national law and practice has not changed in respect of the categories of young people excluded from the application of the Convention (section E3 of the Labour Code), i.e. such categories as those in any undertaking or shop in which only members of the same family are employed, and a child who is working together with adult members of his family on the same work and at the same time and place. The Committee requests the Government to indicate in future reports any changes in law and practice in respect of these categories excluded.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Article 2, paragraphs 2 and 3, of the Convention. The Committee previously noted that amendments to the Labour Code of 1975 were under examination since 1987, to bring the minimum age for admission to employment or work (presently 14 years) under section E3 of the Labour Code, read in conjunction with section E2, into conformity with its declaration appended to its ratification, in which the Government had specified a minimum age of 16 years. The Committee notes the Government's indication in the report that the proposed amendments are presently being re-examined in the light of current developments, and that the enactment is expected to take place in 1997 at the latest. It requests the Government to supply information on any progress made in this regard.

Article 4, paragraph 2. The Committee notes the Government's indication that the position of the national law and practice has not changed in respect of the categories of young people excluded from the application of the Convention (section E3 of the Labour Code), i.e. such categories as those in any undertaking or shop in which only members of the same family are employed, and a child who is working together with adult members of his family on the same work and at the same time and place. The Committee requests the Government to indicate in future reports any changes in law and practice in respect of these categories excluded.

[The Government is asked to report in detail in 1998.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 2, paragraphs 2 and 3, of the Convention. The Committee has noted since 1987 that amendments to the Labour Code of 1975 were under examination, to bring the minimum age for admission to employment or work (presently 14 years) under section E3 of the Labour Code, read in conjunction with section E2, into conformity with its declaration appended to its ratification, in which the Government had specified a minimum age of 16 years. The Committee requests the Government to indicate measures taken in order to ensure the application of the Convention in this connection. The Committee ventures to suggest to the Government that it seek technical assistance from the ILO if problems are encountered in amending this legislation.

Article 4, paragraph 2. Please indicate whether the position of the national law and practice in respect of the categories of young people excluded from the application of the Convention (section E3 of the Labour Code) has remained, and whether effect has been given or is proposed to be given to the Convention in respect of these categories.

Article 9, paragraph 3. The Committee notes the specimen of the register form for employed persons under 18 years, to be kept by the employer under section E6 of the Labour Code.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 2, paragraphs 2 and 3, of the Convention. The Committee noted from the Government's reply to its previous comments that the amendments to the Labour Code were still under examination by the competent authority. It hopes that the amendments will be adopted in the near future and that the Labour Code thus revised will fix at 16 years the minimum age of admission to any employment or work, including work performed outside an employment relationship.

Article 4, paragraph 2. The Committee noted the information supplied by the Government. It would appreciate receiving further information specifying the reasons for continuing the exclusion of certain categories of employment from the application of the Convention, and on the position of law and practice in respect of them.

Article 9, paragraph 3. In its previous comments the Committee had requested the Government to supply a copy of the register prescribed in section E6 of the Labour Code. Since no such specimen has been attached to the report, the Committee again requests the Government to communicate it.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

Article 2, paragraphs 2 and 3, of the Convention. The Committee notes from the Government's reply to its previous comments that the amendments to the Labour Code are still under examination by the competent authority. It hopes that the amendments will be adopted in the near future and that the Labour Code thus revised will fix at 16 years the minimum age of admission to any employment or work, including work performed outside an employment relationship.

Article 4, paragraph 2. The Committee notes the information supplied by the Government. It would appreciate receiving further information specifying the reasons for continuing the exclusion of certain categories of employment from the application of the Convention, and on the position of law and practice in respect of them.

Article 9, paragraph 3. In its previous comments the Committee has requested the Government to supply a copy of the register prescribed in section E6 of the Labour Code. Since no such specimen has been attached to the report, the Committee again requests the Government to communicate it.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the information supplied by the Government in its last report.

Article 2, paragraphs 2 and 3, of the Convention. The Committee notes from the Government's reply to its previous comments that the amendments to the Labour Code are still under examination by the competent authority. It hopes that the amendments will be adopted in the near future and that the Labour Code thus revised will fix at 16 years the minimum age of admission to any employment or work, including work performed outside an employment relationship.

Article 4, paragraph 2. The Committee notes the information supplied by the Government. It would appreciate receiving further information specifying the reasons for continuing the exclusion of certain categories of employment from the application of the Convention, and on the position of law and practice in respect of them.

Article 9, paragraph 3. In its previous comments the Committee has requested the Government to supply a copy of the register prescribed in section E6 of the Labour Code. Since no such specimen has been attached to the report, the Committee again requests the Government to communicate it.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraphs 2 and 3, of the Convention. The Committee notes with interest that the National Labour Board has agreed to amend section E(2) of the Labour Code so as to define a "child" as a person under the age of 16 years and that a draft amendment has been prepared for submission to the competent authorities. It hopes that it will also be possible to amend the Labour Code to extend the provisions on the employment of children to work or employment performed outside an employment relationship, in accordance with Article 2, paragraph 1, of the Convention, and that the next report will indicate the progress made in this respect.

Article 4, paragraph 2. The Committee has noted that the Department of Labour has decided to seek a legal opinion on the exclusions which appear to have been made in the Government's first report. It hopes that the next report will indicate the developments in this regard.

Article 9, paragraph 3. The Committee again requests the Government to supply a model of the register prescribed by section E6(1) of the Labour Code.

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