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Minimum Age (Industry) Convention, 1919 (No. 5) - Saint Lucia (Ratification: 1980)

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

The Committee notes with deep concern that the Government’s report on Convention No. 5, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Application of the Convention in practice. Labour inspection. In its previous comments, the Committee noted an absence of information from labour inspection reports. The Committee notes that the Committee on the Rights of the Child, in its 2014 concluding observations, recommended the Government to strengthen the capacity of the labour inspectorate to effectively monitor the implementation of child labour laws and places of work, especially in the informal sectors (CRC/C/LCA/CO/2-4, paragraph 59). The Committee reiterates its request to the Government to provide information on the manner in which the Convention is applied in practice, including information from labour inspection reports relating to inspection of industrial establishments and the number and nature of the contraventions reported and penalties imposed. The Committee also requests the Government to provide information on measures taken to strengthen the labour inspection services to ensure that children under the age of fourteen years are not employed or work in any public or private industrial undertaking, or in any branch thereof.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which Convention No. 5 is in force should be encouraged to ratify the more recent Minimum Age Convention, 1973 (No. 138) (see GB.328/LILS/2/1). Convention No 138 reflects the more modern approach to admission of young persons under 18 years to any type of employment or work. Ratification of Convention No 138 will involve the automatic denunciation of the outdated Convention No. 5. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 138 as the most up-to-date instrument in this subject area.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, 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

Labour inspection. The Committee previously requested the Government to provide information from inspection reports from the Department of Labour. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the manner in which the Convention is applied in practice, particularly information from labour inspection reports relating to inspection of industrial establishments.

In addition, the Committee notes that the Government has indicated that it is considering the ratification of the Minimum Age Convention, 1973 (No. 138). In this regard, the Committee wishes to draw the Government’s attention to Article 10(5)(a) of Convention No. 138, that states that ratification of Convention No. 138 will result in the denunciation of Convention No. 5. The Committee therefore encourages the Government to consider ratifying Convention No. 138 in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, 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

Labour inspection The Committee previously requested the Government to provide information from inspection reports from the Department of Labour. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the manner in which the Convention is applied in practice, particularly information from labour inspection reports relating to inspection of industrial establishments.

In addition, the Committee notes that the Government has indicated that it is considering the ratification of the Minimum Age Convention, 1973 (No. 138). In this regard, the Committee wishes to draw the Government’s attention to Article 10(5)(a) of Convention No. 138, that states that ratification of Convention No. 138 will result in the denunciation of Convention No. 5. The Committee therefore encourages the Government to consider ratifying Convention No. 138 in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

Labour inspection The Committee previously requested the Government to provide information from inspection reports from the Department of Labour. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the manner in which the Convention is applied in practice, particularly information from labour inspection reports relating to inspection of industrial establishments.

In addition, the Committee notes that the Government has indicated that it is considering the ratification of the Minimum Age Convention, 1973 (No. 138). In this regard, the Committee wishes to draw the Government’s attention to Article 10(5)(a) of Convention No. 138, that states that ratification of Convention No. 138 will result in the denunciation of Convention No. 5. The Committee therefore encourages the Government to consider ratifying Convention No. 138 in the near future.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2012. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Labour inspection The Committee previously requested the Government to provide information from inspection reports from the Department of Labour. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the manner in which the Convention is applied in practice, particularly information from labour inspection reports relating to inspection of industrial establishments.

In addition, the Committee notes that the Government has indicated that it is considering the ratification of the Minimum Age Convention, 1973 (No. 138). In this regard, the Committee wishes to draw the Government’s attention to Article 10(5)(a) of Convention No. 138, that states that ratification of Convention No. 138 will result in the denunciation of Convention No. 5. The Committee therefore encourages the Government to consider ratifying Convention No. 138 in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2 of the Convention. Minimum age for admission to work in industrial establishments. The Committee previously noted that a new Labour Code had been adopted in 2006, but had been put on hold for further consultation by the new Government which assumed power in December 2006. The Committee requested the Government to provide a copy of the new Labour Code, when brought into force.

The Committee notes the Government’s statement that the new Labour Code (as amended in 2011) took effect on 1 August 2012. The Committee notes that, pursuant to section 122, the Labour Code provides that a child (defined as a person under 15 years) who is under the minimum school leaving age (also 15 years of age, pursuant to section 27 of the Education Act) may not be employed, with the exception of light work during school holidays.

Part V of the report form. The Committee previously requested the Government to provide information from inspection reports from the Department of Labour. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the manner in which the Convention is applied in practice, particularly information from labour inspection reports relating to inspection of industrial establishments.

In addition, the Committee notes that the Government has indicated that it is considering the ratification of the Minimum Age Convention, 1973 (No. 138). In this regard, the Committee wishes to draw the Government’s attention to Article 10(5)(a) of Convention No. 138, that states that ratification of Convention No. 138 will result in the denunciation of Convention No. 5. The Committee therefore encourages the Government to consider ratifying Convention No. 138 in the near future.

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

The Committee notes the Government’s report. It notes in particular that a new Labour Code, the objective of which is to modernize the existing legislation and take into account the requirements of the Conventions ratified by Saint Lucia, was passed in December 2006, but has been put on hold for further consultation by the new Government which assumed power in December 2006. The Committee asks the Government to inform the Committee of its intention in relation to the new Labour Code and requests the Government to provide a copy thereof if the Government chooses to make the new law effective.

Part V of the report form. The Committee had previously noted the Government’s indication that inspection reports from the Department of Labour showed that children under the age of 16 are rarely employed in industrial undertakings since the compulsory school age is 15 years. The Committee once again requests the Government to provide copies of the inspection reports in question and information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report. It notes in particular that a new Labour Code, the objective of which is to modernize the existing legislation and take into account the requirements of the Conventions ratified by Saint Lucia, will be adopted in the near future. It requests the Government to provide a copy once it has been adopted.

Part V of the report form. Further to its previous comments, the Committee notes the Government’s indication that inspection reports from the Department of Labour show that children under the age of 16 are rarely employed in industrial undertakings since the compulsory school age is 15 years. It requests the Government to provide copies of the inspection reports in question and to continue providing information on the application of the Convention in practice.

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

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:

The Committee noted that the Government was envisaging a review and harmonization of its legislation with the legislation of other member States of the OECS and expected that this revision of the legislation to be done with the ILO’s assistance would ensure full observance of ratified Conventions. In this connection, the Committee would appreciate receiving detailed information in respect of measures envisaged or undertaken to amend the legislation giving effect to this Convention. It also requests the Government to provide in its next report statistics on the number of children employed in industry and on cases of non-compliance or contravention noted by labour inspection and sanction imposed (Part V of the report form on this Convention).

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

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:

The Committee noted that the Government was envisaging a review and harmonization of its legislation with the legislation of other member States of the OECS and expected that this revision of the legislation to be done with the ILO’s assistance would ensure full observance of ratified Conventions. In this connection, the Committee would appreciate receiving detailed information in respect of measures envisaged or undertaken to amend the legislation giving effect to this Convention. It also requests the Government to provide in its next report statistics on the number of children employed in industry and on cases of non-compliance or contravention noted by labour inspection and sanction imposed (Part V of the report form on this Convention).

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:

The Committee noted that the Government was envisaging a review and harmonization of its legislation with the legislation of other member States of the OECS and expected that this revision of the legislation to be done with the ILO's assistance would ensure full observance of ratified Conventions. In this connection, the Committee would appreciate receiving detailed information in respect of measures envisaged or undertaken to amend the legislation giving effect to this Convention. It also requests the Government to provide in its next report statistics on the number of children employed in industry and on cases of non-compliance or contravention noted by labour inspection and sanction imposed (Part V of the report form on this Convention).

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

The Committee noted that the Government was envisaging a review and harmonization of its legislation with the legislation of other member States of the OECS and expected that this revision of the legislation to be done with the ILO's assistance would ensure full observance of ratified Conventions. In this connection, the Committee would appreciate receiving detailed information in respect of measures envisaged or undertaken to amend the legislation giving effect to this Convention. It also requests the Government to provide in its next report statistics on the number of children employed in industry and on cases of non-compliance or contravention noted by labour inspection and sanction imposed (point V of the report form on this Convention).

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee noted that the Government was envisaging a review and harmonization of its legislation with the legislation of other member States of the OECS and expected that this revision of the legislation to be done with the ILO's assistance would ensure full observance of ratified Conventions. In this connection, the Committee would appreciate receiving detailed information in respect of measures envisaged or undertaken to amend the legislation giving effect to this Convention. It also requests the Government to provide in its next report statistics on the number of children employed in industry and on cases of non-compliance or contravention noted by labour inspection and sanction imposed (point V of the report form on this Convention).

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

The Committee noted that the Government was envisaging a review and harmonization of its legislation with the legislation of other member States of the OECS and expected that this revision of the legislation to be done with the ILO's assistance would ensure full observance of ratified Conventions. In this connection, the Committee would appreciate receiving detailed information in respect of measures envisaged or undertaken to amend the legislation giving effect to this Convention. It also requests the Government to provide in its next report statistics on the number of children employed in industry and on cases of non-compliance or contravention noted by labour inspection and sanction imposed (point V of the report form on this Convention).

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee noted that the Government was envisaging a review and harmonization of its legislation with the legislation of other member States of the OECS and expected that this revision of the legislation to be done with the ILO's assistance would ensure full observance of ratified Conventions. In this connection, the Committee would appreciate receiving detailed information in respect of measures envisaged or undertaken to amend the legislation giving effect to this Convention. It also requests the Government to provide in its next report statistics on the number of children employed in industry and on cases of non-compliance or contravention noted by labour inspection and sanction imposed (point V of the report form on this Convention).

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee noted that the Government was envisaging a review and harmonization of its legislation with the legislation of other member States of the OECS and expected that this revision of the legislation to be done with the ILO's assistance would ensure full observance of ratified Conventions. In this connection, the Committee would appreciate receiving detailed information in respect of measures envisaged or undertaken to amend the legislation giving effect to this Convention. It also requests the Government to provide in its next report statistics on the number of children employed in industry and on cases of non-compliance or contravention noted by labour inspection and sanction imposed (point V of the report form on this Convention).

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

The Committee noted from the Government's report that the Government was envisaging a review and harmonization of its legislation with the legislation of other member States of the OECS and expects that this revision of the legislation to be done with the ILO's assistance will ensure full observance of ratified Conventions. In this connection, the Committee would appreciate receiving detailed information in respect of measures envisaged or undertaken to amend the legislation giving effect to this Convention. It also requests the Government to provide in its next report statistics on the number of children employed in industry and on cases of non-compliance or contravention noted by labour inspection and sanction imposed (point V of the report form on this Convention).

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

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:

The Committee noted with interest from the Government's report that the Government was envisaging a review and harmonization of its legislation with the legislation of other member States of the OECS and expects that this revision of the legislation to be done with the ILO's assistance will ensure full observance of ratified Conventions. In this connection, the Committee would appreciate receiving detailed information in respect of measures envisaged or undertaken to amend the legislation giving effect to this Convention. It also requests the Government to provide in its next report statistics on the number of children employed in industry and on cases of non-compliance or contravention noted by labour inspection and sanction imposed (point V of the report form on this Convention).

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

The Committee notes with interest from the Government's report that the Government is envisaging a review and harmonisation of its legislation with the legislation of other member States of the OECS and expects that this revision of the legislation to be done with the ILO's assistance will ensure full observance of ratified Conventions. In this connection the Committee would appreciate receiving detailed information in respect of measures envisaged or undertaken to amend the legislation giving effect to this Convention. It also requests the Government to provide in its next report statistics on the number of children employed in industry and on cases of non-compliance or contravention noted by labour inspection and sanction imposed (point V of the report form on this Convention).

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the last report of the Government and would appreciate it if the Government would furnish in its next report indications on the way in which effect is given in practice to the present Convention, including details on the number and nature of the infractions reported during inspection, as called for by point V of the report form on this Convention.