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

The Committee takes note of the Government’s report.

Article 8 of the Convention. Artistic performances. In its previous comments, the Committee noted that the Decree of 29 December 2004 provides that no young person below the age of 18 years shall be admitted as a salaried employee to act or otherwise perform in front of the public without written permission from the labour inspector after consultation of the young person’s guardian. The Committee observed that the Decree did not establish a requirement for the authorization so granted to limit the number of hours for which and prescribe the conditions in which the work is allowed. It requested the Government to take steps to ensure that the permits granted contain these specifications.

In its report, the Government indicates that the Decree of 29 December 2004 does not establish the particulars of the authorization from parents and the labour inspector, or the penalties to be applied in the event of violation. It also indicates the law establishes the details as to working hours and working conditions. The Committee observes in this connection that section 145 of the Labour Code provides that “without prior individual authorization in writing by the official responsible for labour inspection, no young person below the age of 18 years shall be admitted as a salaried employee as an actor or other performer in public performances, the list of which shall be determined by regulation. The official responsible for labour inspection may withdraw permits granted either on his own initiative or the initiative of any other authorized person”. The Committee observes that this provision does not establish that permits granted to young persons below 18 years of age pursuant to the Decree of 29 December 2004 must limit the number or hours during which and prescribe the conditions in which such employment or work is allowed. The Committee therefore requests the Government to indicate which provisions in its national legislation establish that these specifications must be included in permits granted by the officer responsible for labour inspection, and to provide a copy thereof.