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

The Committee refers to its previous comments and notes the draft Labour Code appended to the Government's report. The Committee hopes that the draft Code will be adopted rapidly and take account of the following points.

Article 2, paragraph 1, of the Convention. The Committee refers to its previous comment and notes that the draft Code extends the minimum age provision to the agricultural sector. However, the Committee notes that the draft Code's provisions concerning child labour apply only to waged employment, similarly to the Labour Code in force (section 2.1 of the Labour Code in force and also the draft Labour Code). The Committee also notes that the Government acknowledges the need to extend the scope of application of the minimum age to include self-employment. Having regard for this acknowledgement, the Committee requests the Government to indicate the measures taken or envisaged to ensure that no person under the minimum age laid down (14 years) should be admitted to employment or work in any occupation, in particular to self-employment.

Article 2, paragraph 3. The Committee requests the Government to provide concrete information concerning compulsory education, in particular the age at which compulsory education is completed, and to provide a copy of the legislative text which regulates compulsory education.

Article 3. In its previous comment, the Committee had requested the adoption of the Decree provided for under section 124 of the current Labour Code in order to define the types of work and the categories of enterprises which are prohibited for minors so as to give full effect to Article 3 of the Convention. However, the draft Labour Code prohibits the employment of minors in certain employment and enterprises determined by the Ministry (section 156 of the draft Labour Code) and their continued employment in work recognized as being beyond the physical capacity or harmful to the health of the minor and in which case, provides for their transfer to more suitable employment (section 158(2) of the Labour Code). Moreover, workers who are under the age of 16 years may not perform work that is unhealthy, arduous, harmful or dangerous to their health and training (section 157(3) of the draft Code) and may be admitted to employment in the activities determined by Ministerial Decree only after a medical examination (section 158(3) of the draft Labour Code).

The Committee notes that these provisions appear to set the minimum age for dangerous work at 16 years instead of 18 years, and that the relationship between these provisions (sections 156 to 158) is unclear. The Committee recalls that Article 3 of the Convention categorically prohibits minors under the age of 16 years from performing dangerous work and only authorizes the employment of minors aged between 16 years and 18 years under very specific conditions. The Committee requests the Government to ensure that the minimum age at which minors are employed to perform dangerous work is established at 18 years and that the conditions under which a minor aged between 16 years and 18 years may work are in conformity with Article 3, paragraph 3, of the Convention.

Moreover, with regard not only to the above provisions of the draft Labour Code but also to the Labour Code in force (section 124 of the Labour Code), the Committee recalls that it is essential that the Decree envisaged clearly defines the type of work and the categories of enterprises barred to minors in order that the legislative provisions which prohibit dangerous work for minors can be actually implemented. Consequently, the Committee requests the Government to continue with its efforts in this regard and to indicate any progress made.

Article 7, paragraphs 1 and 3. In its previous comments, the Committee noted that under sections 24 and 125 of the current Labour Code the Minister may grant exemptions to the minimum age at which a person may be admitted to employment taking into account the particular circumstances of the occupation or the situation of the persons concerned. The Committee requested the Government to indicate the measures taken or envisaged to define the scope of the exemptions provided for under the above sections of the Labour Code in the light of the provisions of Article 7 of the Convention, since the Convention provides exemptions to the minimum age at which a minor may be admitted to employment only for light work performed by minors of 12 years of age or over, provided that this work is not likely to be harmful to their health or development and does not prejudice their attendance at school.

In this respect, the Committee notes that section 157(2) of the draft Labour Code limits the scope of the exemptions granted in the preceding paragraph of section 157(2) to minors aged between 12 years and 14 years to light work and imposes the condition that this work may not be harmful to their health or development, prejudice their attendance at school or their participation in vocational orientation or training programmes.

The Committee requests the Government to provide information in respect of any exemption granted under these provisions (sections 24 and 125 of the current Labour Code or will be granted under section 157(2) of the draft Labour Code, in the event it is adopted).

Article 8. The Committee recalls the Government's statement in its report received in 1991 to the effect that the application of this provision is provided for under sections 24 and 125 of the Labour Code (sections 13 and 157 of the draft Labour Code) which lays down exemptions to the minimum age of 14 years granted by the Minister of Labour. The Committee also recalls that the Government stated in its 1987 report that this provision still requires an implementing regulation. In the absence of more recent information, the Committee requests the Government to provide information in respect of the prevailing practices concerning the work performed by minors in such activities as artistic performances and to indicate the measures adopted to ensure that their participation is only undertaken upon specific authorization, within the hours of employment and the conditions prescribed.

Article 9, paragraph 3. The Committee notes that section 227 of the Bill, similarly to section 168 of the current Labour Code, lays down the obligation for the employer to maintain an "Employment register" whose format shall be established by Ministerial Order. The Committee notes the Government's intention, presented in the Government's report on the draft Labour Code, to include the name and age of employed persons who are under the age of 16 years. The Committee recalls that the Convention requires that this register should include information on persons under the age of 18 years and not under the age of 16 years. The Committee hopes that this Ministerial Order will be adopted in accordance with the Convention in this regard and requests the Government to provide an example of this register as soon as its format has been established.

Article 9, paragraph 1, and point V of the report form. The Committee requests the Government to provide information concerning the measures adopted to ensure the effective application of the Convention, as well as the practical application by providing, for example, statistical data in respect of the number, age and gender of children and adolescents who are employed, copies of extracts of the reports of the inspection services and violations observed.