Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 138) sur l'âge minimum, 1973 - Guinée (Ratification: 2003)

Autre commentaire sur C138

Observation

Demande directe

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Article 7(1) of the Convention. Minimum age for admission to light work. The Committee previously noted that section 5 of the Child Labour Order provides that the age of admission to apprenticeship, which is set at 14 years, may, with the authorization of the labour inspector, be reduced to 12 years for the following types of work: light domestic tasks forming part of the work of a scullion, assistant cook, “small boy” or childminder; picking, gathering or sorting work performed in agricultural undertakings; and light work of a non-industrial nature. The Committee also noted that section 6 of the Child Labour Order allows the employment of young workers from 12 to 14 years of age, if the work is carried out in accordance with section 5 referred to above, and that a list must be submitted to the labour inspector within eight days, specifying the name of each worker, the nature of the work and the corresponding remuneration. Furthermore, section 7 of the Child Labour Order requires the written consent of the parent or guardian in the case of the employment of children aged from 12 to 14 years. The Committee further noted that section 419 of the Children’s Code of 2008 uses the same terms as section 5 of the Child Labour Order in relation to the minimum age of 12 years for admission to certain types of light work.

The Committee reminded the Government that, under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons as from 13 years on light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational training or training programmes approved by the competent authority or their capacity to benefit from the instruction received. In this regard, the Committee noted the Government’s indication that it had introduced a bill which would take into account the requirements of Article 7 of the Convention.

The Committee notes the Government’s indication that this bill has been prepared and is awaiting submission to the Advisory Committee on Labour and Social Legislation. According to the Government, section 19 of the bill refers to the conditions of work of children aged from 11 to 14 years inclusive or who are still subject to full-time compulsory schooling. The Committee notes once again that, as the Government has specified a minimum age of 16 years for admission to employment or work, children can only undertake light work as from the age of 13 years. The Committee urges the Government to take measures to ensure that the minimum age for admission to light work prescribed in the legislation is 13 years and, to this end, to make the appropriate amendments to section 419 of the Children’s Code, to sections 5 to 7 of the Child Labour Order and to the relevant provisions of the bill under preparation. The Committee also requests that the Government provide information on the progress achieved in the preparation and adoption of the bill that is to take into account all the requirements of Article 7 of the Convention.

Article 7(3). Determination of light work and the hours of work and the conditions in which light work may be undertaken. The Committee previously noted that, under section 4 of the Child Labour Order, young workers under 18 years of age may not carry, pull or push, either inside or outside undertakings, loads heavier than the following weights: (1) 10 kg in the case of loads carried by boys aged from 14 to 15 years; (2) 20 kg (including the weight of the vehicle) in the case of transport by handcart by boys aged from 14 to 15 years; and (3) 40 kg (including the vehicle) in the case of transport by two-, three-, or four-wheeled trucks by boys. The Committee recalled that, under the terms of Article 7(3) of the Convention, the competent authority shall not only determine the activities in which light employment or work may be permitted, but shall also prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It asked the Government to identify the provisions which prescribe the hours of work and the conditions in which light work may be undertaken.

The Committee notes that, according to the Government, section 19 of the bill, which will prescribe the number of hours during which, and the conditions in which employment or work may be undertaken, provides that, for children between 11 and 14 years of age engaged in the transport of the loads specified above or other types of work, “the hours of work may not exceed eight hours a day and the work must be carried out between 8 a.m. and 9 p.m. Every four hours, a half hour of uninterrupted rest must be provided.” The Committee is of the view that any work that may extend to eight hours per day, irrespective of the type of work performed or the conditions in which it is undertaken, does not constitute “light work”. It draws the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), where it is explained that, in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework related thereto), for rest during the day and for leisure activities. The Committee therefore requests that the Government take the necessary steps to amend section 19 of the bill so as to ensure that the hours of work and the conditions in which work may be undertaken by children as from the age of 13 years do effectively constitute light work. It requests the Government to provide information on the progress achieved in this regard.