Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre la edad mínima, 1973 (núm. 138) - Yemen (Ratificación : 2000)

Otros comentarios sobre C138

Observación

Solicitud directa

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Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee had noted that, pursuant to sections 3(2) and 53 of the Labour Code, several categories of workers were excluded from the scope of application of the Labour Code, such as self-employed workers, casual workers, household servants and some agricultural workers, in addition to young persons working with their family under the supervision of the head of the family. It had noted section 5 of Ministerial Order No. 56 of 2004 (Ministerial Order No. 56) which stated that the minimum age for entering employment shall not be less than the age of completion of compulsory education. The Committee had further noted the Government’s statement that the exemptions in the Labour Code would be addressed in the forthcoming amendments to the Labour Code.

The Committee notes that according to section 5 of Ministerial Order No. 11 of 2013 (Ministerial Order No. 11) which repeals Ministerial Order No. 56, the minimum age for entering employment, which is free of any hazards, may not be lower than the age of completion of compulsory education and may not be lesser than 14 years in any case. The Committee notes that Ministerial Order No. 56 and Ministerial Order No. 11 only make a reference to the provisions of the Labour Code and do not appear to repeal its provisions. The Committee therefore requests the Government to indicate whether the minimum age provisions under Ministerial Order No. 11 still reserve the exceptions indicated under sections 3(2) and 53 of the Labour Code.

Article 3(1). Minimum age for admission to hazardous work. The Committee had previously observed that section 4 of Ministerial Order No. 56 which prohibited the employment of children under the age of 18 years in hazardous work did not repeal section 49(4) of the Labour Code which prohibits the employment of young persons under 15 years of age in hazardous work. It had also noted that according to the findings of the 2010 Child Labour Survey, above 50.7 per cent of child labourers are engaged in hazardous work.

The Committee notes that according to section 10 of Ministerial Order No. 11, children aged between 14 and 18 years may perform light work, provided that such work shall not jeopardize their mental and physical health and shall not affect their attending school on a regular basis. The Committee further notes that section 7 of Ministerial Order No. 11 provides a list of more than 35 industries and occupations, including domestic work, work related to agriculture, fishing, textiles, mechanical work and construction, which are prohibited for children under 18 years. Moreover, section 8 prohibits carrying, pulling or pushing heavy weights while section 15 prohibits night work and overtime work for children under 18 years. The Committee notes, however, that Ministerial Order No. 11 does not appear to repeal section 49(4) of the Labour Code. The Committee therefore urges the Government to take the necessary measures to harmonize the contradictory provisions in the Labour Code concerning the age of admission to hazardous work. It requests the Government to provide information on developments made in this regard.

Article 7. Light work. The Committee had previously noted section 6 of Ministerial Order No. 56 which authorizes children between 13 and 15 years to work in light work activities which are not harmful to their health, moral or physical development. It had noted the Government’s statement that further revision of the Order would identify the activities that constitute light work, as well as prescribe the number of hours of work and conditions in which the employment of children between the ages of 13 and 15 years may be permitted.

The Committee notes the provisions under section 10 of Ministerial Order No. 11 which provide for children aged between 14 and 18 years to work in light work. It notes with interest section 15 of Ministerial Order No. 11 which regulates the working hours of such children, according to which the daily working hours shall not exceed six hours with one or more rest periods of a minimum of one hour in a manner which prevents a child from working for more than four consecutive hours.

Article 9(1). Penalties. In its previous comments, the Committee had noted the Government’s information that the regulations on penalties for persons who violate the provisions of the Labour Code were promulgated and that sections 28–41 thereof specify the penalties to which employers are liable upon violation of the provisions relating to child labour.

The Committee observes that Ministerial Order No. 11 does not contain provisions on penalties for persons who violate the provisions related to child labour. The Committee requests the Government to take all necessary measures to adopt provisions ensuring that appropriate penalties are imposed on persons found in breach of the provisions giving effect to the Convention. It requests the Government to provide information on any measures taken in this regard, as well as on the enforcement of the penalties for the violation of these provisions in practice.

Article 9(3). Registers of employment. In its previous comments, the Committee had noted that section 139 of the Child Rights Act No. 45 of 2002 which contained provisions relating to the keeping of a registry by the employer does not specify that the age or date of birth of workers under the age of 18 years must be indicated by the employer.

The Committee notes with interest that according to section 69 of Ministerial Order No. 180 of 2005 giving effect to Act No. 45 of 2002, an employer shall be committed to issue an employment card to every child under 18 years of age employed by him. This card shall have the photograph of the child and should be certified and stamped by the competent authority. Section 69 also requires the employers to keep a registry indicating the name, age, and occupation of children under the age of 18 years employed by him/her along with the name of their guardian and the date of commencement of work as well as other data required by the Minister. The Committee further notes that section 17 of Ministerial Order No. 11 also contains similar provisions requiring employers to keep a registry of working children under 18 years, indicating in particular, their name, age, occupation and date of commencement of work.