Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 3, paragraph 1, of the Convention. Minimum age for admission to hazardous work. The Committee previously noted that Ministerial Order No. 5/1 of 1981, which lists operations that are dangerous, arduous or detrimental to health, and prohibits the employment of young persons in those occupations, applies to young persons under the age of 17. It also noted that the draft amended text of section 20 of the Labour Code states that persons under the age of 18 years may neither be employed in exhausting tasks nor in tasks which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. Such types of employment shall be determined by virtue of a ministerial order, after consultation with the competent authorities. It further noted that the draft amended text of section 20 of the Labour Code would replace Ministerial Order No. 5/1 of 1981, and noted the Government’s indication that the draft amendments to the Labour Code (containing the amended section 20) were going through the constitutional channels for its adoption. It requested the Government to provide information on any progress in this regard. The Committee notes that while the Labour Code was amended by Federal Law No. 8/2007, these amendments did not include the drafted amended text of section 20. Therefore, the Committee expresses the firm hope that the draft amended section 20 of the Labour Code, on the prohibition of hazardous work for persons under 18, will soon be adopted, and requests the Government to keep it informed of any progress in this regard. Following the adoption of this amendment, the Committee requests the Government to take the necessary measures to ensure, following consultation with the organizations of employers and workers concerned, the promulgation of a ministerial order to determine the types of hazardous work prohibited for persons under 18, pursuant to the draft amended text of section 20.

Article 6. Minimum age for admission to apprenticeship. The Committee previously observed that, according to section 42 of the Labour Code, the minimum age to enter into an apprenticeship contract (defined as the contract whereby the employer undertakes to provide the employee full vocational training) was 12 years. It also noted the Government’s statement that the draft amended text of section 42 of the Labour Code provided 15 years as the minimum age for being accepted in training or vocational education, and noted that this text was going through the constitutional channels in the State. Noting an absence of information in the Government’s report on this point, the Committee requests the Government to take the necessary measures to ensure that draft amended section 42 of the Labour Code is adopted in the near future. Furthermore, it once again requests the Government to keep it informed of any progress in this regard, and to provide a text of the amended provision as soon as it has been adopted.

Considering that the Government has been referring to the amendments to the Labour Code, concerning the prohibition of hazardous work for persons under 18 years of age and the minimum age for apprenticeships, for a number of years, the Committee again expresses the firm hope that the draft amendments to the Labour Code are adopted in the near future, in order to bring national legislation into line with the Convention. The Committee requests the Government to keep it informed of any progress made in this regard and invites it to consider technical assistance from the ILO.

The Committee is raising other points in a request addressed directly to the Government.