CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Saint Vincent and the Grenadines (RATIFICATION: 2006)

Other comments on C138

Observation

2023

Direct Request

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Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted that section 7(2) of the Employment of Women, Young Persons and Children Act of 1938 as amended (EWYPC Act), exempts work in an industrial undertaking or ship in which only members of the same family are employed. It also noted the Government’s information that a recommendation had been made to the relevant authority to undertake legislative measures to ensure that the protection afforded by the Convention is applied to children working in all sectors.

The Committee notes the Government’s information in its report that there have been no new developments following the recommendation for legislative action. Recalling that the Convention applies to all types of work or employment, the Committee urges the Government to strengthen its efforts to ensure that the protections provided under the EWYPC Act are extended to all types of work by children, including in an industrial undertaking or ship in which only members of the same family are employed. It requests the Government to provide information on any measures taken or envisaged in this regard.

Article 2(3). Compulsory education. The Committee had previously noted that according to Part III of the Education Act of 2006, education shall be free and compulsory for all children from the age of 5 to 16 years which is higher than the minimum age for admission to employment (14 years). It had also noted the Government’s statement that it has been considering revising and raising the minimum age to employment or work and that it is awaiting a decision from the relevant authority and the Department of Labour in this regard.

The Committee notes the Government’s information that no legislative measures have been taken to raise the minimum age for work or employment. It also states that the practice that all children of compulsory school age are expected to be in an educational institution is widely observed and respected nationally. However, it is still awaiting appropriate action from the competent authority. The Committee notes from the 2015 report entitled “ Overview of the Labour Market of Saint Vincent and the Grenadines” prepared by the Statistical Office, Economic Planning and Sustainable Development Division of the Ministry of Finance and Economic Planning, Sustainable Development and Information Technology, that 76.0 per cent of the household population in St. Vincent and the Grenadines were aged 15 years and over, of which almost two-thirds participated in the labour market, indicating that they were either working, or actively looking for work. In this regard, the Committee once again expresses the firm hope that the Government will take the necessary measures, without delay, to raise the minimum age for employment or work to 16 years, in order to link it with the age of completion of compulsory schooling in conformity with Article 2(3) of the Convention. In this regard, the Committee draws the Government’s attention to the provisions of Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee requests the Government to provide information on any progress made in this regard.

Article 3(1) and (2). Minimum age for admission to and determination of hazardous work. With regard to the minimum age for admission to hazardous work and determination of types of hazardous work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 6. Vocational training and apprenticeship. The Committee had previously noted that section 3(1) of the EWYPC Act provides for exemptions to work done by children of not less than 14 years of age in recognized schools provided such work is approved and supervised by a public authority. The Government indicated that there were no provisions regulating apprenticeship programmes. The Committee however noted that subsection (3) of the Schedule to the Wages Regulation (Industrial Workers) Order of 2008 addresses the minimum wage paid to an apprentice. It requested the Government to take the necessary measures to regulate apprenticeship.

The Government refers to the proposed consultations, which would address this issue. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the consultations with stakeholders will regulate apprenticeship programmes and establish the minimum age for entry into apprenticeships, the types of work in which an apprenticeship may be undertaken, and the conditions under which an apprenticeship may be undertaken and performed. It requests the Government to provide information on any progress made in this regard.