Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

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

Autre commentaire sur C138

Observation

2020

Demande directe

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The Committee notes the observations made by the General Employer Trade Union of Seychelles (GETUS) received on 5 September 2019.

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, types of hazardous work. With regard to the adoption of the list of hazardous work, the Committee refers to its comments under Articles 3(d) and 4(1) of the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 3(3). Hazardous work as from 16 years. In its previous comments, the Committee noted that pursuant to section 22(4) of the Conditions of Employment Regulations, the competent officer may, exceptionally, grant special written permission for the employment of children aged 15 to 17 years in the circumstances listed in section 22(1) and (2), and requested the Government to amend the legislation to bring it into conformity with the requirements of Article 3 of the Convention.

The Committee notes the Government’s reiterated reference to proposed legislative amendments to authorize only children from 16 years and above to take up hazardous work on condition that the health, safety and morals of such children are protected. It also notes the Government’s indication that the necessary measures to have these proposals adopted are expected in the near future. In this respect, the Committee notes the observations made by the GETUS according to which hazardous types of work should be prohibited for children under 18 years in all circumstances. The Committee recalls that, by virtue of Article 3(3) of the Convention, only persons from the age of 16 years may be authorized 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. In light of the fact that the Committee has been raising this issue since 2004, the Committee urges the Government to take the necessary measures to ensure that the necessary legislative amendments are adopted in the very near future.

Article 7(1) and (3). Minimum age for light work and determination of light work activities. In its previous comments, the Committee noted that under section 21 of the Conditions of Employment Regulations, children under 15 years of age are prohibited from engaging in any kind of work, including in light work. It further noted that proposals to include provisions permitting the employment of children between 13 and 15 years of age in light work would be considered upon further discussion. In this respect, the Committee recalled that, by virtue of Article 7(3) of the Convention, the competent authority shall determine the activities in which employment or work may be permitted for children 13–15 years of age. In addition, the number of hours during which, and the conditions in which, light work activities may be undertaken must be prescribed.

The Committee notes the Government’s indication, in response to its request, that the introduction of light work for children aged 13 and 14 years will be subject to the conditions as approved by the competent officer, will only be permitted during school holidays and that a list of accepted light work activities will be developed. In this respect, the Committee also notes the Government’s reference to relevant provisions in the 2017 Employment Bill. In light of the fact that the Committee has been raising this issue since 2004, the Committee expresses the firm hope that the draft Bill containing provisions permitting the employment of children between 13 and 15 years of age in light work will be adopted in the near future. It also requests the Government to ensure that the draft Bill contains provisions regulating light work in conformity with Article 7(3) of the Convention.