Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted that the Bills repealing four labour laws were passed by Parliament on 27, 28 and 29 March 2006, including the Employment Act.

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment in underground work. In its previous comments, the Committee noted the Government’s statement that Employment Decree No. 4, 1975, was being revised to ensure conformity with the Convention. It pointed out that the Convention does not permit the exception for the prohibition on underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government has been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hoped that the amendment would be completed in the very near future. The Committee noted the Government’s information that the concern to prohibit underground work for apprentices has been taken into consideration under the revised employment legislation to bring it into conformity with the Convention. The Committee requests the Government to provide a copy of the Employment Act, 2006, as soon as it is available.

Article 4, paragraph 5. Special register kept by the employer. Referring to its previous comment, the Committee noted the Government’s information that the practice of keeping a special register by the employer employing young persons has not been maintained. This was attributed to the inadequate inspection system in place and it was an issue that needed to be addressed. While employers needed to be sensitized to the requirement for keeping the special register, the Government needed to carry out inspections to ensure the observance of this requirement. The Committee recalled that by virtue of Article 4, paragraph 5, of the Convention, the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age; such lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time. The Committee hopes that the Government will take the necessary measures to carry out inspections and requests it to provide any information in this regard. It also requests the Government to provide a specimen of the special register, as indicated in its report.

Part IV of the report form. Practical application of the Convention. Noting the absence of information, the Committee once again requests the Government to provide information on the application of the Convention in practice, including for instance statistical data on the number and nature of contraventions reported.