Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 138) sur l'âge minimum, 1973 - Ile de Man

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Isle of Man

The Committee takes note of the Government’s first report.

Article 1 of the Convention. National Policy and application in practice. The Committee notes that there is no information in the Government’s report regarding national policies adopted with a view to preventing or eliminating child labour in the country. The Committee requests the Government to provide information on the measures taken or envisaged to adopt a national policy or action plan for the prevention of child labour.

Article 2(1). Scope of application. The Committee notes that section 3(1) of the Employment of Children (No. 2) Regulations, 2018, defines “employment” as including “assistance in any trade or occupation, which is carried on for profit, whether or not payment is received for that assistance”. The Committee requests the Government to provide information on the manner in which the protection provided by the Convention is guaranteed to children and young persons who work on their own account.

Article 2(1) and (3). Minimum age for admission to employment or work and age of completion of compulsory schooling. The Committee notes the Government’s indication, in its report, that section 23 of the Education Act 2001 provides that the age of compulsory education means any age between 5 and 16 years, and that the minimum age for a young person to start work full-time is 16 years (which is taken to be attained, for the purpose of the Education Act, 2001, on the Friday before the last Monday in May in the year that the young person attains the age of 16 years). The Committee further notes that under section 4(2) of the Employment of Children (No. 2) Regulations, 2018, no child under the age of 16 years may be employed in work other than light work.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that section 16(2) of the Management of Health and Safety at Work Regulations, 2003, provides that no employer shall employ a child or young person under the age of 18 years for work: (1) which is beyond his physical or psychological capacity; (2) involving harmful exposure to agents which are toxic or carcinogenic, cause heritable genetic damage or harm to the unborn child or which in any other way chronically affect human health; (3) involving harmful exposure to radiation; (4) involving the risk of accidents which it may reasonably be assumed cannot be recognised or avoided by children or young persons, as the case may be, owing to their insufficient attention to safety or lack of experience or training; or (5) in which there is a risk to health from extreme cold or heat; noise; or vibration. In determining whether work will involve harm or risks for the purposes of this paragraph, regard shall be had to the results of the assessment made by the employer, in application of section 3 of the 2003 Regulations. The Committee requests the Government to take the necessary measures to ensure that the determination of the types of employment or work prohibited to children and young persons under the age of 18 years shall be determined by national laws or regulations or by the competent authority, in accordance with Article 3(2) of the Convention, and not by the employer.

Article 3(3). Authorization to carry out hazardous work from the age of 16 years. The Committee notes that section 4(3) of the Employment of Children (No. 2) Regulations, 2018, contains an exception to the rule whereby hazardous work should be prohibited to young persons under the age of 18. Section 4(3) of the 2018 Regulations provides that no child under the age of 16 may be employed: (1) in any cinema, theatre or night club, except in connection with an age appropriate performance; (2) to sell or deliver alcohol, (within the meaning of the Licensing Act, 1995); (3) to deliver fuel oils; (4) in any work involving the preparation of food in a commercial kitchen; (5) to collect or sort refuse; (6) in any work, which is more than 3 metres above ground level or, in the case of internal work, more than 3 metres above floor level; (7) in employment involving harmful exposure to physical, biological or chemical agents; (8) to collect or to sell or canvass door to door; (9) in work involving exposure to adult material or in situations which are for this reason otherwise unsuitable for children; (10) in telephone sales; (11) in any slaughterhouse or in that part of a butcher’s shop or other premises connected to the killing of livestock, buttery, or the preparation of carcasses or meat for sale; (12) as an attendant or assistant in a fair ground or amusement arcade or in any other premises used for the purpose of public amusement by means of automatic machines, games of chance or skill or similar devices; (13) in the personal care of residents of any residential care home or nursing home; or (14) in any other occupation which may be from time to time be prohibited by other legislation.

The Committee recalls that Article 3(3) of the Convention allows an exception to the prohibition of dangerous work to young persons from the age of 16 years, only on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity (see General Survey on the fundamental Conventions, 2012, paragraph 381). The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that children aged of at least 16 years who are authorized to engage in hazardous types of work outlined in section 4(3) of the Employment of Children (No. 2) Regulations, 2018, may only do so on the condition that their health, safety and morals are fully protected and that they have received adequate specific vocational training in the relevant branch of activity.

Article 6. Vocational training and apprenticeships. The Committee notes that section 4(4)(b) of the Employment of Children (No. 2) Regulations, 2018, provides that a child of 14 years or over may be employed, pursuant to arrangements made by the head teacher or proprietor of the school at which the child is a registered pupil and approved by the Department of Education, Sport and Culture, with a view to providing them with work experience as part of the child’s education. The Government indicates that, as part of any work experience organized by a school, no payment may be made to the child who is taking part in work experience. However, the Committee notes that section 4(3) of the 2018 Regulations, relating to the prohibition of hazardous work to children under 16 years of age, does not apply to section 4(4)(b) and as a result, children aged 14 years or over may be allowed to perform hazardous work if it is in the context of an apprenticeship or vocational training. In this regard, the Committee recalls that, in accordance with Article 6 of the Convention, while work done in the course of vocational training or apprenticeship is not covered by the provisions of the Convention, this relates only as regards the minimum age requirement; the requirements of Article 3 of the Convention, regarding protection from hazardous work, remain applicable to all children and young persons, including those engaged in vocational training or apprenticeships (see 2012 General Survey, paragraph 385). The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that young persons below the age of 16 years engaged in vocational training or apprenticeship do not undertake hazardous work.

Article 7. Light work. The Committee notes that sections 5 and 7 of the Employment of Children (No. 2) Regulations, 2018, lay down the rules for the engagement of children aged 13 to 15 in light work, including the types of light work permitted, the number of hours permitted, the prohibition of night work and the provision of rest periods.

Article 8.Artistic performances. The Committee notes the Government’s indication that the Performances by Children Regulations, 2004, regulate the participation of children in performances. It notes that section 5 of these Regulations provides that no child, defined as any child below the upper limit of compulsory age (i.e. below 16 years) shall participate in any performance unless in accordance with the terms of a licence granted by the Department of Education, Sport and Culture. Sections 6 to 8 of the Regulations set out the procedure for the application of a licence. Under section 11, the Department of Education, Sport and Culture shall not grant a licence unless it is satisfied that the child’s education will not be affected, and it must have approved the arrangements (if any) for the education of the child. The Committee notes that sections 24 to 33 limit the number of hours during which and prescribe the conditions in which employment or work is allowed, in accordance with Article 8(2) of the Convention.

Article 9. Penalties. The Committee notes the Government’s indication that failure to comply with the Employment of Children (No. 2) Regulations, 2018, is a level 5 offence (under section 10 of the Regulations) and is currently liable of a maximum penalty of £10,000. With regard to the non-compliance of the Management of Health and Safety at Work Regulations, 2003, the Government indicates that section 33 of the Health and Safety at Work etc Act, 1974, provides that a failure to comply is an offence which: (1) on summary conviction is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding £20,000, or both; and (2) on conviction on information is liable to imprisonment for a term not exceeding 2 years, or an unlimited fine, or both. The Committee requests the Government to provide information on the application in practice of section 10 of the Employment of Children (No. 2) Regulations, 2018, and section 33 of the Health and Safety at Work etc Act, 1974, in particular the number and nature of penalties imposed with regard to the employment of children and young persons under 16 years of age.

Article 9(3). Keeping of registers. The Committee notes that section 9 of the Employment of Children (No. 2) Regulations, 2018, imposes an obligation on employers to keep a register, and make it available for inspection by an authorised officer of the Department of Education, Sports and Culture, at the place where or in connection with which a child (defined as being under 16 years old) is, or has within the previous 6 months, been employed. The Committee notes that there is no other information in the Government’s report regarding any legislation prescribing the obligation that employers keep registers of all workers under the age of 18. The Committee requests the Government to indicate the applicable legislation which requires employers to keep registers of all persons employed under the age of 18 years, in conformity with Article 9(3) of the Convention. If such legislation does not exist, the Committee requests the Government to take the necessary measures to ensure its adoption in the near future.

Application of the Convention in practice and labour inspection. The Committee notes the Government’s indication that employers who employ children should notify the Department of Education, Sport and Culture and that a log is kept of such employers. The Government adds that a record of licences issued with regard to performances by children is kept, giving details of the performances in which children are participating, as well as of the times and lengths of the performances. The Committee requests the Government to provide information on: (i) the number of working children under the age of 16 years, and the number of children under the age of 18 years who are performing hazardous work; (ii) the number, extent and trends of child labour, indicating the sectors of economic activity where child labour is more prevalent; and (iii) labour inspections, including extracts of inspection reports, and information on the number and nature of infringements reported.