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Minimum Age Convention, 1973 (No. 138) - Seychelles (RATIFICATION: 2000)

Other comments on C138

Observation

2020

Direct Request

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Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, types of hazardous work. The Committee had previously noted the Government’s information that the Conditions of Employment Regulations were being revised to provide for a minimum age of 18 years for admission to employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of children. It had also noted the Government’s indication that the revision process would also take into consideration the determination of types of hazardous work prohibited to children under 18 years of age.

The Committee notes the Government’s statement that the draft Bill incorporating the above provisions has been submitted to the Attorney-General’s Office and is expected to be adopted before the end of 2012. The Committee expresses the firm hope that the draft Bill revising the Conditions of Employment Regulations with a view to prohibiting the employment of children under 18 years in work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals is adopted in the near future. It trusts that the draft Bill will also contain provisions determining the types of hazardous work to be prohibited to children under 18. It requests the Government to provide a copy of the draft Bill, once it has been adopted.

Article 3(3). Hazardous work as from 16 years. The Committee had previously noted that, according to section 22(4) of the Conditions of Employment Regulations, the competent officer may, exceptionally, grant special written permission for the employment of children aged 15–17 years in a place listed in subsections (1) and (2) of section 22. The Committee had noted the Government’s indication that the revision of the Conditions of Employment Regulations would ensure that hazardous work would not be undertaken by children under 16 years of age, while the conditions of health, safety and morals of children of 16 and 17 years who were engaged in hazardous work would be protected.

The Committee notes the Government’s statement that the draft Bill contains provisions which authorize only children of 16 years and above to take up hazardous work on condition that the health, safety and morals of such children are protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity. This draft Bill is in the process of being adopted. The Committee expresses the firm hope that the draft Bill containing the above provisions will be adopted soon so as to bring the national legislation into conformity with Article 3(3) of the Convention. It also requests the Government to provide a copy, once it has been adopted.

Article 7. Light work. The Committee had previously noted that section 22(1) of the Conditions of Employment Regulations prohibits the employment of children under 15 years. It had also noted that section 22(2) and (4) of the Conditions of Employment Regulations provides for work schemes for children of 12–14 years that may be organized for school-going children during vacation or holidays with the approval of the competent officer, as well as for work outside school hours, to run occasional errands and to do odd jobs provided the duties are light and not recurrent. Recalling that, by virtue of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of children 13–15 years of age in light work, the Committee had requested the Government to take the necessary measures to ensure that children under 13 years of age are prohibited to engage in light work.

The Committee notes the Government’s statement that the draft Bill incorporating the Committee’s comments on light work has been submitted to the Attorney-General’s Office for approval. The Committee expresses the firm hope that the draft Bill containing provisions permitting the employment of children between 13 and 15 years of age in light work will be adopted in the near future. It requests the Government to provide a copy, once it has been adopted.

The Committee encourages the Government to take into consideration, during the review of the relevant legislation, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the Office.