Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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 the provisions of the Child Labour Order established the possibility of engaging young persons between 12 and 14 years of age as workers or apprentices, subject to the authorization of the labour inspector and the written consent of the parent or guardian, 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 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 noted the Government’s indication that it had introduced a bill which would take into account the requirements of Article 7 of the Convention but section 19 of the bill refers to the conditions of work of children aged 11–14 years or who are still subject to full time compulsory schooling. The Committee noted that the Government has specified a minimum age of 16 years for admission to employment or work and that children can therefore only undertake light work as from the age of 13 years.

The Committee notes that the Government has not provided any information on this matter. It recalls 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 of age 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. The Committee urges the Government to take the necessary measures to ensure that the minimum age for admission to light work prescribed in the legislation is 13 years and, accordingly, to make the appropriate amendments to section 419 of the Children’s Code, to sections 5–7 of the Child Labour Order and to the relevant provisions of the bill under preparation. The Committee also requests the Government to provide information on progress achieved in the preparation and adoption of the bill that is due to take account of 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. In its previous comments, the Committee noted that the Child Labour Order determined the maximum weights for loads which young workers under 18 years of age are authorized to handle. The Government indicated that section 19 of the bill, which would 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 emphasized 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”.

The Committee notes that the Government has not provided any information on this matter. It recalls that under Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), in order to give 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 the Government to 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 actually constitute light work. It requests the Government to provide information on progress made in this regard.