Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

Autre commentaire sur C138

Observation

2022
2018
2017

Demande directe

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Article 2(1) of the Convention. Scope of application and labour inspection. Further to its previous comments, the Committee notes the Government’s reference in its report to the adoption of Decree No. D/2022/0265/PRG/SGG regulating the powers and structure of the labour inspectorate. The Government also indicates that the 152 active employees of the labour inspectorate have carried out inspections, mainly focused on urban areas, and that a systematic control mission was conducted in 2022, directed by the labour inspectorate with the participation of the Directorate-General of Labour, the National Directorate of Labour, Employment and Social Legislation, the Department of Occupational Medicine, the National Social Security Fund, and the Guinean Employment Promotion Agency.

In this regard, the Committee notes the Government’s indication that proposals are under way regarding the application of the provisions of section 513.5 of the Labour Code with a view to ensuring the permanence of the human, financial and material resources needed by the labour inspectorate to discharge its duties.

The Committee notes that the Government will soon conduct training for labour inspectors and controllers with regard to combating child labour and the worst forms thereof, with technical and financial support from UNICEF. The Committee strongly encourages the Government to continue strengthening the capacities of the labour inspectorate so that it can undertake adequate supervision and detection activities with regard to children engaged in child labour. To this end, the Committee once again requests the Government to provide information on the implementation in practice of inspections by labour inspectors with regard to child labour, including information on the number of violations recorded and extracts from labour inspection reports.

Article 2(3). Age of completion of compulsory schooling. The Committee duly notes the adoption of the new Children’s Code 2019. The Committee notes with satisfaction that section 39 of the new Children’s Code 2019 provides that it is compulsory for children to attend school until the age of 16 years, and section 921 prohibits children in compulsory schooling from being employed during school hours. Section 920 also indicates that any person employing a child during school hours shall be liable to a fine of 500,000 to 1 million Guinean francs. The Committee encourages the Government to take steps to ensure the practical application of the age of completion of compulsory schooling.

Article 7(1). Minimum age for admission to light work. The Committee notes that section 932 of the new Children’s Code 2019 sets the age for admission to light work at 12 years, as do sections 5–7 of Order No. 2791/MTASE/DNTLS/96 on child labour. In this regard, the Committee once again recalls that under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons 13 to 15 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 orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee once again urges the Government to take the necessary steps 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 932 of the Children’s Code and to sections 5–7 of Order No. 2791/MTASE/DNTLS/96 on child labour.

Article 7(3). Determination of light work, number of hours and conditions in which light work may be undertaken. The Committee previously noted the Government’s indication that section 19 of the Bill which will prescribe working hours and conditions of employment or work for light work provides that for children between 11 and 14 years of age, the working time may not exceed eight hours per day, the work must be carried out between 8 a.m. and 9 p.m., and a half-hour uninterrupted rest break must be provided every four hours. The Committee previously 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 observes that section 929 of the Children’s Code 2019 prescribes the maximum loads authorized for young workers under 18 years of age, without indicating working hours and conditions of employment or work for children. It also once again notes the absence of information from the Government regarding the amendment of section 19 of the Bill. The Committee requests the Government to ensure that the amendment of section 19 will guarantee that the number of hours and conditions of employment for children working from the age of 13 years meet the requirements of the Convention for light work. The Committee requests the Government to provide information in this regard.

The Committee is raising other matters in a request addressed directly to the Government.