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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. The Committee notes with regret the Government’s information in its report that there have been no legislative developments and therefore, section 7(2) of the Employment of Women, Young Persons and Children Act of 1938 as amended (EWYPC Act), continues to exempt work in an industrial undertaking or ship in which only members of the same family are employed. Once again recalling that the Convention applies to all types of work or employment, the Committee urges the Government to take all the necessary measures 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). Age of completion of compulsory education. The Committee notes the Government’s indication that the minimum age for employment is 16 years, according to section 18(1) of Chapter 296 of the National Insurance Act of 1986. The Committee notes, however, that this provision does not concern the minimum working age but relates to the requirement of persons aged 16 to 60 years to be insured under the Act.

The Committee recalls that section 3(1) of the EWYPC Act sets the minimum age for work or employment at 14 years. It therefore notes that the age of completion of compulsory education (set at 16 years under Part III of the Education Act of 2006) continues to be higher than the minimum age for work or employment. In this regard, the Committee notes, from the Government’s report submitted to the Working Group on the Universal Periodic Review of the Human Rights Council, the Government’s indication that an Employment Relations Bill has been prepared which will include a clause to increase the statutory minimum age from 14 to 16 years (A/HRC/WG. 6/39/VCT/1, 15 October 2021, paragraph 138). The Committee once again requests the Government to take the necessary measures to raise the general minimum age for admission to employment or work in order to link it with the age of completion of compulsory schooling, in conformity with the Convention. It requests the Government to provide information on the progress achieved in this regard, including through the adoption of the Employment Relations Bill.

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 notes the Government’s indication that there have been no legislative developments. Noting the absence of progress in this regard, the Committee requests the Government to take all necessary measures to ensure that work done in the context of an apprenticeship or vocational training is regulated and provides for: (i) a minimum age for entry into apprenticeships; (ii) the types of work in which an apprenticeship may be undertaken; and (iii) 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.