Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 138) sur l'âge minimum, 1973 - Seychelles (Ratification: 2000)

Autre commentaire sur C138

Observation

2020

Demande directe

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Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, types of hazardous work. The Committee had previously observed that the national legislation did not provide for a minimum age of 18 years with respect to admission to employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, as required under these provisions of the Convention, apart from the limited categories mentioned under section 22(1) of the Conditions of Employment Regulations of 1991.

The Committee notes the Government’s information that the Conditions of Employment Regulations are being revised to provide for a minimum age of 18 years for admission to employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons. It also notes the Government’s indication that the revision process will also take into consideration the determination of types of hazardous work prohibited to children under 18 years of age. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that the Conditions of Employment Regulations are amended with a view to prohibiting the employment of children under 18 years in work which by its nature or the circumstances in which it is carried out is likely to jeopardize their health, safety or morals. It also expresses the hope that the types of hazardous work prohibited to children under 18 years shall be determined, in consultation with the employers’ and workers’ organizations concerned. The Committee requests the Government to provide information on any progress made in this regard and to supply a copy of the amendment once it has been adopted.

Article 3(3). Hazardous work as from 16 years. The Committee had previously noted that according to section 22(4) of the Conditions of Employment Regulations the competent officer may, exceptionally, grant special written permission for the employment of any person aged 15 to 17 years in a place listed in paragraphs (1) and (2) of section 22. Recalling that the Convention authorizes only persons aged at least 16 years of age to take up employment or to perform work referred to under Article 3(1), after consultation with the organizations of employers and workers concerned, and on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity, the Committee had requested the Government to take the necessary measures in this regard.

The Committee notes the Government’s statement that the revision of the Conditions of Employment Regulations will ensure that hazardous work will not be undertaken by children under 16 years of age while the conditions of health, safety and morals of children of 16 and 17 years who are engaged in hazardous work will be protected. The Committee requests the Government to provide information on any progress made in amending the Conditions of Employment Regulation with regard to the employment of children of at least 16 years of age in hazardous work.

Article 6. Apprenticeship and vocational training. The Committee had previously noted the information communicated by the Government according to which children or young persons below the age of 15 years who are on a course of education or training for which a school or training institution is responsible or as part of a programme covered by Article 6(b) and (c) of the Convention may perform work as part of their career development or schooling. The Ministry of Education ensures that the work done is of a light nature and would not in any way be harmful to the health, safety and morals of the children and young persons.

The Committee notes the Government’s detailed information with regard to the health and safety measures for students engaged in the vocational training programmes. It also notes the information provided by the Government in its report on the recently launched Technical and Vocational Education and Training Programme. According to this programme, apprenticeship is offered for students after secondary four, which is the tenth and last year of compulsory schooling at the average age of 16 years.

Article 7. Light work. The Committee had previously noted that section 22(1) of the Conditions of Employment Regulations prohibits the employment of children under 15 years. It had also noted that section 22(2) and (4) of the Conditions of Employment Regulations provides for work schemes for children of 12–14 years that may be organized for schoolchildren on vacation or holidays with the approval of the competent officer, as well as for work outside school hours, to run occasional errands and to do odd jobs provided the duties are light and not recurrent. Recalling that, by virtue of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons 13–15 years of age in light work, the Committee had requested the Government to take the necessary measures to ensure that children under 13 years of age are prohibited to engage in light work.

The Committee notes the Government’s statement that the necessary measures will be taken during the revision of the Conditions of Employment Regulations to prohibit the employment of children under 13 years in light work. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the amendments to the Conditions of Employment Regulations with regard to the prohibition on the employment of children under 13 years of age in light work will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that in 2010, the Employment Department received 18 applications from employers in the tourism industry for the employment of children pursuant to section 22 of the Conditions of Employment Regulations. It notes the Government’s indication that approval was given on the basis that the employment did not interfere with the child’s education, the work offered was not hazardous and that children without any work experience were provided special training. The Committee further notes the Government’s statement that no contravention of the provisions related to the employment of children under 15 years of age was reported.