CMNT_TITLE

Minimum Age (Underground Work) Convention, 1965 (No. 123) - Uganda (RATIFICATION: 1967)

Other comments on C123

Observation

1988

Direct Request

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Article 2(1) of the Convention. Minimum age for admission to employment in underground work. In its previous comments, the Committee noted the Government’s statement that Employment Decree No. 4 of 1975, was being revised to ensure conformity with the Convention. It pointed out that the Convention does not permit the exception for the prohibition on underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government had been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hoped that the amendment would be completed in the very near future. The Committee noted the Government’s information that the concern to prohibit underground work for apprentices was taken into consideration under the revised employment legislation to bring it into conformity with the Convention.

The Committee notes with interest that, by virtue of section 5 of Employment (Employment of Children) Regulations No. 17 of 2012, a child under 18 years of age shall not be employed to do work which is injurious, dangerous or hazardous. According to section 2 of these regulations, hazardous work includes circumstances where a child works underground, in water, or at heights.

Article 4(5). Special register kept by the employer. In its previous comment, the Committee noted the Government’s information that the practice of keeping a special register by the employer employing young persons was not maintained. This was attributed to the inadequate inspection system in place and it was an issue that needed to be addressed. While employers needed to be sensitized to the requirement for keeping the special register, the Government needed to carry out inspections to ensure the observance of this requirement. The Committee recalled that by virtue of Article 4(5) of the Convention, the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age (i.e. 20 years in this case); such lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time

The Committee notes that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee also notes that section 15 of the Employment of Children Regulations provides that an employer engaging a child shall keep a register in the form prescribed in the Fifth Schedule. The Committee observes, however, that the Government provides no information on the practice of the keeping of registers by employers employing young persons. The Committee refers to its comments made on the application of these points under the Minimum Age Convention, 1973 (No. 138).

Part IV of the report form. Practical application of the Convention. The Committee refers to its comments made on the application of Convention No. 138.