Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 138) sur l'âge minimum, 1973 - Cambodge (Ratification: 1999)

Autre commentaire sur C138

Observation

Demande directe

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Article 2(1) of the Convention. Scope of application. In previous comments, the Committee noted that the Government had conducted a review of the Labour Law of 1997 in the framework of the ILO–IPEC Time-bound Programme (TBP–Phase II) entitled “A review of the legislative framework on child labour in Cambodia” (the Review) and had accordingly drafted amendments to Cambodian labour law to ensure the application of the minimum age for admission to all types of work outside an employment relationship, including self-employment.

The Committee notes the Government’s information concerning measures taken under the Review, according to which the Ministry of Labour and Vocational Training of the Royal Government of Cambodia (MoLVT–RGC) has developed new administrative orders (Prakas) on child labour in tobacco and other agricultural sectors to extend the application of the minimum age for admission to work which falls outside of the employment relationship, including self-employment. The Government also indicates that the MoLVT is seeking technical and financial assistance to conduct research concerning the costs and benefits of further extending the minimum working age to informal economic sectors. The Committee requests the Government to continue to provide information concerning steps taken or envisaged under the Review process to extend the protection of the Convention to children working outside of a formal employment relationship. Noting the Government’s latest indication that the MoLVT–RGC is seeking technical and financial assistance to research this issue, it invites the Government to consider seeking technical assistance from the ILO in this respect.

Article 2(2), (3) and (5). Raising the minimum age for admission to employment. The Committee recalls its previous comment which noted with interest the Government’s indication that it renounced its right to avail itself of the possibility of specifying a minimum age of 14 years, and that the minimum age of 15 was now being referred to in all its circulars and documents. The Committee notes, however, the Government’s information that the MoLVT–RGC is seeking technical and financial assistance to assess the potential impact of an incremental raise in the minimum age. Noting that the Government has raised the minimum age from 14 to 15 years in its national legislation and policies, the Committee requests the Government to indicate any steps taken or envisaged to submit a declaration under Article 2(2) of the Convention to notify the Director-General of the International Labour Office in this respect.

Article 4. Exclusion of limited categories of employment or work. The Committee recalls its previous comment which noted that, by virtue of section 1(e), the Labour Law does not apply to domestics or household servants who are defined as workers who are engaged to take care of the homeowner or of the owner’s property in return for remuneration. It further recalls its previous comment, in 2011, under the Worst Forms of Child Labour Convention, 1999 (No. 182), expressing serious concern at the exploitation of young persons under 18 years of age employed in domestic work under hazardous conditions.

The Committee notes with interest the Government’s reference to a US Department of Labor (US DoL) funded project which aims to extend the protection of the Convention to domestic workers and household servants under the minimum age for work. The Committee notes, in this respect, that the US DoL Project to Combat Child Labour in Cambodia notes the need to protect children, primarily girls between the ages of 7 and 17 years, working in domestic service in third-party homes where they are particularly vulnerable to hazardous work. The Committee accordingly requests the Government to provide updated information concerning any amendments made or envisaged to the Labour Law or other national legislation, within the framework of the Review and the Project to Combat Child Labour in Cambodia, to extend the protection of the Convention to domestic workers and household servants under the minimum age for admission to work.