Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

I. The Committee takes note of the Government's first report on the application of the Convention and notes with interest the adoption of Act No. 1837 of 23 March 1989 respecting the protection of young persons in employment or work. The Committee has examined this Act and requests the Government to provide additional information on the following points.

1. Article 2 of the Convention (in conjunction with Article 7). The Committee notes that section 2, subsection 1 of the new Act establishes 15 years as the minimum age of admission to employment or work, which is in keeping with the Government's statement appended to its ratification of the Convention, in accordance with Article 2, paragraph 1 of this instrument. The Committee notes, however, that section 1, subsection 2, of the above Act excludes farming, forestry and cattle-breeding activities within family undertakings from the scope thereof and, consequently, from the protection provided for by the Convention. Since the Government did not exclude these activities by means of a specific declaration appended to its ratification, in accordance with Article 5 of the Convention, the Committee asks it to indicate the minimum age for admission to these activities and the conditions in which they may be undertaken, in accordance with paragraphs 1 and 3 of Article 7 of the Convention.

2. Article 3. The Committee notes that section 2, subsection 2, of Act No. 1837 (in conjunction with section 1, subsection 1) prohibits the employment of young persons under the age of 18 years in dangerous, heavy or unhealthy work, or work which is injurious to their mental health or hinders the free development of their personality. Under these same provisions, such work is to be determined by a decision of the Ministry of Labour in accordance with the opinion of the Council for Health and Safety at Work. Section 2, subsection 3 of the Act also prescribes that, pending the decision defining harmful employment, the prior provisions are still applicable. The Committee hopes that it will be possible for the ministerial decision to determine the work to which young persons under 18 years of age may not be admitted, provided for in the new Act, to be adopted in the near future after consultation with the organisations of employers and workers concerned, and that it will also formally prohibit work which is likely to jeopardise the morals of young people, in accordance with the Convention. The Committee asks the Government to report on progress in this matter.

3. Article 6. The Committee asks the Government to provide information on the legislation and practice with regard to the conditions in which work done by children is authorised for vocational or technical education, and to provide information on any consultations held on this matter with the organisations of employers and workers concerned, as required under Article 6 in the report form of the Convention. The Government is also asked to provide more detailed information on the vocational guidance programmes drawn up and implemented by the Employment and Manpower Agency (OAEP), provided for in section 4 of the Act.

4. Article 8. The Committee notes that under section 3 of the above Act, young persons under the age of 15 years may, in certain conditions and with the authorisation of the labour inspectorate, participate in certain artistic activities listed in the Act and that children under the age of 15 years may also be authorised to participate in similar activities by a ministerial decision taken after consultation with the most representative employers' and workers' organisations. The Committee asks the Government to specify the activities involved in the latter case, and to provide examples of the practical application of this provision.

5. Article 9. The Government indicates in its report that the labour inspection services are responsible for ensuring the application of the legislation concerning the protection of young people. The Committee asks the Government to provide more detailed information on the work of labour inspectors in this area, and on how, in general the practical application of the Convention is ensured.

II. The Committee would also like to receive information on the Presidential Decrees issued at the joint instance of the Minister of Labour and the Minister of the Merchant Marine, in order to harmonise the provisions regulating employment at sea with those of Act No. 1837, as provided for in section 19, subsection 4 of the Act.