CMNT_TITLE

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 previously expressed the hope that a draft bill revising the Conditions of Employment Regulations and the draft list of hazardous types of work to be prohibited to children under 18 years of age would be adopted in the near future. The Committee notes the Government’s indication in its report that proposals to include the draft list of hazardous types of work in the Conditions of Employment Regulations have been made and are expected to be adopted in the very near future. It also notes that the proposals accepted in the zero draft list resulted from the tripartite workshop held in August 2013 in the Seychelles in the framework of the ILO technical assistance programme (SPA). The Committee expresses the firm hope that the draft bill revising the Conditions of Employment Regulations and the draft list of hazardous types of work are adopted in the very near future, and requests that the Government provide copies once they are adopted.

Article 3(3). Hazardous work as from 16 years. The Committee 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 notes the Government’s statement that a proposal to 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 has been made. However, it also notes that the necessary measures related to the adoption is still under consideration upon further discussion on the review of the employment legislation. The Committee urges the Government to take necessary measures to ensure that the draft bill containing the above provisions will be adopted in the very near future, so as to bring the national legislation into conformity with Article 3(3) of the Convention. It once again requests the Government to provide a copy, once it has been adopted.

Article 7(1) and (3). Minimum age for light work and determination of light work activities. The Committee notes that, under section 21 of the current Conditions of Employment Regulations, children under 15 years of age are prohibited from engaging in any kind of work, including in light work. Proposals to include provisions permitting the employment of children between 13 and 15 years of age in light work will be considered upon further discussion. The Committee recalls that, by virtue of Article 7(3) of the Convention, the competent authority shall determine the activities in which employment or work may be permitted for children 13–15 years of age. In addition, the numbers of hours during which, and the conditions in which, light work activities may be undertaken must be prescribed. The Committee requests that the Government continue to provide information on the progress made in this regard.