CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Grenada (RATIFICATION: 2003)

Other comments on C138

Direct Request

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Article 2(3) of the Convention. Compulsory education. The Committee had previously requested the Government to supply a copy of Education Act No. 21 of 2002 which contains provisions defining the age of compulsory education from 5 to 16 years.

The Committee notes that according to section 2 of Education Act No. 21 of 2002 as amended by Act No. 11 of 2003 “compulsory school age” means any age from 5 to 16 years inclusive, while sections 15 and 16 provide for free and compulsory education to all children of compulsory school age.

Article 3(1). Minimum age for admission to hazardous work. The Committee had previously requested the Government to take the necessary measures to prohibit persons under 18 years of age from performing any type of work which by its nature or the circumstances in which it is carried out is likely to jeopardize their health, safety or morals.

The Committee notes with interest that section 4 of the Recruitment of Workers Act of 1939 prohibits the recruitment of persons under the age of 18 years, provided that the Minister may by regulation authorize persons above the age of 16 years to be recruited for light work with the consent of their parents/guardian and subject to conditions prescribed by the regulation. Furthermore, according to section 5 of the Recruiting of Workers Regulations of 1941, no juvenile between the ages of 16 and 18 years shall be recruited except with the consent of their parents/guardian and provided the conditions of employment are stated in writing and approved by the district magistrate that the employment is suitable and that the welfare of the juvenile is sufficiently safeguarded.

Article 6. Vocational training and apprenticeship. The Committee had previously noted section 32(3) of the Employment Act which provides exceptions to the minimum age for employment of 16 years with regard to work done by children in technical schools, or on job training or work experience exercises provided that such work is approved and supervised by the public authority, as well as to work done by children on school ships or training ships, provided that such work is approved and supervised by the public authority. It had also noted that by virtue of section 135(1) of the Shipping Act of 1994 no person under the age of 16 years shall be employed on any Grenadian ship except: (a) upon work approved by the director on board a school ship or training ship; or (b) where the director certifies that he is satisfied, having due regard to the health and physical condition of the person and to the prospective and immediate benefit of the employment and how it will be beneficial to him/her. The Committee had finally noted section 49(3) of the Education Act which provides that a person may employ a student over 14 years of age during school vacations or, if the employment of the student is part of an educational programme, to prepare the student for future employment.

The Committee notes the Government’s statement that the Ministry of Labour together with the Ministry of Education as well as the Labour Advisory Board will take the necessary measures to ensure that the minimum age for apprenticeship of 14 years is respected and that no possible incidents of its violation occur in the future.

Article 7. Light work. In its previous comments, the Committee noted that section 32(1) of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years of age. However, it noted that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years of age.

The Committee notes the absence of information in the Government’s report on this point. In this regard, the Committee recalls that, pursuant to Article 7(1) of the Convention, national laws and regulations may permit the employment or work of persons of 13–15 years of age on light work and under the terms of Article 7(3) the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to ensure that the “holiday job employment” of persons under 16 years of age is only performed by persons of 13 years of age and above and under the conditions provided for by Article 7(3) of the Convention. It requests the Government to supply information on any progress made in this regard in its next report.

Part V of the report form. The Committee notes the statistical breakdown regarding the fields of work or employment of persons of 16–18 years of age in the Government’s report. The Committee notes the Government’s statement that to date, no information is available relating to any possible violations detected involving children and young persons who are employed and are below the minimum age of 16 years.