CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Samoa (RATIFICATION: 2008)

Other comments on C138

Observation

Direct Request

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Article 2(3) of the Convention. Age of completion of compulsory education. In its previous comments, the Committee noted that section 20 of the Education Act 2009 prohibits arranging for a compulsory school-aged child to engage in street trading or to carry out other work of any kind during school hours. However, the Committee noted that pursuant to section 2 of the Education Act 2009, a compulsory school-aged child is defined as a person between 5 years and 14 years of age, who has not completed the eighth year of school. Noting that the age of completion of compulsory schooling (14 years) is less than the minimum age for admission to employment (15 years), the Committee requested the Government to consider raising the age of completion of compulsory schooling to 15 years of age so as to be in line with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146).

The Committee notes the Government’s statement that the provisions to raise the age of completion of compulsory schooling to 15 years will be incorporated in the Education Act after consultations with the Attorney General’s Office. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that the age of completion of compulsory schooling is raised to 15 years which is the minimum age for admission to employment for Samoa. It requests the Government to provide information on any progress made in this regard.

Article 3(1). Minimum age for admission to hazardous work. The Committee previously noted that the Labour and Employment Act 1972 appeared to prohibit employment with dangerous machinery or in any injurious occupation from the age of 15 years of age (section 32(2)). However, the Committee noted the information in the Government’s report that a new Labour and Employment Relations Bill was under development which would prohibit hazardous work under the age of 18 years, and requested the Government to ensure its adoption.

The Committee notes that the Labour and Employment Relations Act of 2013 (LER Act of 2013) has been adopted. The Committee notes with satisfaction that pursuant to section 51(2) of the LER Act of 2013, children under 18 years of age are prohibited from being employed on dangerous machinery or in any occupation or in any place under working conditions injurious or likely to be injurious to the physical or moral health of such child.

Article 3(2). Determination of types of hazardous work. Following its previous comments, the Committee notes that according to section 83(2)(b) of the LER Act of 2013, regulations may be made to determine unhealthy, dangerous or onerous work and to indicate the minimum age for entry into employment in such work. Section 83(d) further provides for regulations protecting the health and safety of children. Recalling that, pursuant to Article 3(2) of the Convention, the types of hazardous employment or work prohibited to children under 18 years of age shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, the Committee requests the Government to indicate the measures taken or envisaged to adopt regulations determining types of hazardous work prohibited to children under 18 years pursuant to section 83(2)(b)and (d) of the LER Act of 2013. It requests the Government to provide information on any progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.