Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

Article 3, paragraph 2, of the Convention. Determination of hazardous work. The Committee had previously noted the Government’s information that Ministerial Decision No. 130621 (Official Gazette 875/B/2003) contains a comprehensive list of the types of work, projects and activities prohibited to children under the age of 18 years. The Committee notes that in the above Decision a list of 149 prohibited works or activities, which are considered as likely to jeopardize the health, safety or morals of minors, are divided into units and described in detail.

Article 3, paragraph 3. Authorization to carry out hazardous work from the age of 16 years. The Committee had previously noted that section 7(5) of Presidential Decree No. 62 of 1998 provides that with the permission of the competent labour inspectorate and upon the employer’s application, derogations from the prohibition of employment in work that are liable to prejudice the health, safety or development of young persons may be granted where such work is necessary for their vocational training. This work must be performed under the supervision of the safety technician and/or the occupational physician of the enterprise or the protection and prevention services capable of ensuring the protection of the safety and health of young persons under 18 years of age and on condition that the protection prescribed by the Presidential Decree is ensured. The Committee had also noted that under the terms of section 2(c) of Presidential Decree No. 62 of 1998, the term “adolescent” means any young person of at least 15 years but less than 18 years of age who has ceased compulsory education. The Committee had requested the Government to provide information concerning the measures, which have been taken or envisaged to give effect to this provision of the Convention, by providing that no person under “16 years” of age may be authorized to perform hazardous work. The Committee notes the Government’s information that with regard to the type and nature of the occupational activity in which young persons aged 15–18 years may engage in, the Model Vocational Guidance Centre (MVGC), an independent service of the Manpower Employment Organization (OAED) plays an important role. This Centre provides the young persons with occupational information and suggests particular solutions through the educational system, as well as through OAED Apprenticeship Schools of Technical and Vocational Education. The young persons who have chosen a specific occupational activity are guided towards activities that do not jeopardize their health, safety and morals. In order to employ a young person who holds an OAED unemployment card, an “Employment book” which is within the competence of Corps of Labour Inspectors (SEPE) is issued first. This book will be then forwarded to the employer by the OAED, and thereafter certified by the MVGC stating that the Labour Inspectorate has made the appropriate control and that the standard recruitment procedure has been followed. The Committee reminds the Government that pursuant to Article 3, paragraph 3, of the Convention, national laws or regulations of the competent authority may, after consultations with the organizations of employers and workers concerned, authorize employment or work as from the age of “16 years” on condition that the health, safety and morals of the young persons are fully protected and that they have received adequate specific instruction or vocational training. The Committee therefore once again requests the Government to indicate any measures taken or envisaged to give effect to this provision of the Convention by providing that no person under “16 years” of age may be authorized to perform hazardous work.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Following its previous comments, the Committee notes the Government’s information that section 33 of Act 2956/2001 on “Restructuring of the Manpower Employment Organization (OAED) and other Provisions” which replaces section 1, paragraph 3 of the Presidential Decree No. 62 of 1998 provides that young persons are allowed to engage in temporary light work of short duration in agricultural, forestry and livestock works in family undertakings, on condition that these are performed during the day. The Committee further notes the Government’s information that in practice, children under the age of 15 years who have not completed the nine-year compulsory schooling are not allowed to work. Moreover, according to Act 1837/1989, except for artistic or relevant activities, no young persons under the age of 15 years are allowed to engage in any work.

Part V of the report form. Practical application of the Convention. The Committee notes that according to the statistics provided by the Government with regard to child labour, the SEPE detected a total number of cases of 35 minors in illegal employment for the year 2004, out of which 33 employers were fined and two charged. For the year 2005, a total number of 34 cases of illegal employment of minors were detected, out of which 29 employers were fined and five charged. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts for the reports of inspection services and information on the number and nature of violations detected and penalties applied involving children and young persons.