Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the report of the Government and the new Labour Code (Act No. 5 of 1995). However, it notes that this new Code does not fully ensure the application of the Convention on the following points:

Article 2 of the Convention. The Committee notes that, under sections 49(1) of the new Labour Code, the employment of a young person (under 15 years of age) is possible with the guardian's approval and with a notification to the competent office. It further notes that section 49(4) prohibits the employment of young persons in arduous work or harmful industries to be specified by Order of the Minister. It asks the Government to supply a copy of the Order made under section 49 (4), specifying arduous work and harmful industries, or to indicate any progress made towards its adoption. If this provision does not cover all industrial undertakings, please indicate any measures taken or envisaged to prohibit the employment of persons under the age of 15 years in any industrial undertaking.

Article 4. The Committee notes that section 51(a) of the Labour Code sets the obligation of the employer to keep records of young persons including their dates of birth. However, it notes that the young person is defined under the Code as a person under the age of 15 years (section 2 of the Code). It recalls that, under the Convention, every employer should be required to keep a register of all persons under the age of 18 years. The Committee asks the Government to supply information on measures taken or envisaged to ensure that the register of all workers under the age of 18 years is kept by the employer.

Article 5. The Committee recalls that Ministerial Order No. 17 of 1988 respecting health and safety at work, section 11, subsection 13, prohibits young people under 18 years of age from being employed in work which is arduous and harmful to health and social development. Although section 49(4) of the Labour Code mentioned above prohibits arduous work, harmful industries or jobs which are socially damaging for young persons (under the age of 15 years), this age limit is not high enough to give effect to Article 5 of the Convention. The Committee recalls that the Convention requires the fixing of a minimum age higher than 15 years for dangerous work and that it has been commenting on this point for a number of years. It asks the Government to indicate any measures taken or envisaged to give effect to this provision of the Convention.

Point V of the report form. The Committee also requests the Government to supply information on practical application of the Convention, including for instance, extracts from the reports of the inspection services, school attendance rate, and information concerning the number and nature of the contraventions reported.