CMNT_TITLE

Repetition

Article 2 of the Convention. Minimum age for employment in an industrial undertaking. The Committee had previously noted the Government’s information that the regulations which identify the types of work prohibited to children were issued by virtue of Ministerial Order No. 56 of 2004.

The Committee notes the Government’s information that a statute amending the provisions of Ministerial Order No. 56 of 2004 was promulgated by virtue of Ministerial Order No. 11 of 2013. It notes that section 7 of Ministerial Order No. 11 of 2013 provides a list of more than 38 industries and occupations in which children under 18 years may not be employed. The Committee also notes that according to section 5 of these regulations the minimum age for admission to work, which is free from any hazards, may not be lower than the age of compulsory education and may not be less than 14 years in any case. Section 10 of Ministerial Order No. 11 of 2013 further provides that children aged between 14 and 18 years may work in light work which shall not jeopardize their mental and physical health and which does not affect their attending the compulsory education.

Article 4. Registers of employment. Following its previous comments, the Committee notes with interest that the regulation giving effect to Act No. 45 of 2002 promulgated by Order No. 180 of 2005 contains provisions requiring the employer to issue an employment card consisting of the photograph of every child employed by that employer, and duly certified and stamped by the competent authority (section 69). This section further indicates that an employer shall keep a registry indicating the name, age and occupation of the working child (defined as persons not exceeded 18 years of age, section 2) as well as the name of their guardian, date of commencement of work and any other data requested by the Minister.

Article 5. Minimum age for hazardous work. The Committee had previously noted that the minimum age set by section 49(4) of the Labour Code No. 5 of 1995 for admission to arduous work, harmful industries or jobs, which are socially damaging for young persons (under the age of 15 years), is not high enough to give effect to Article 5 of the Convention. The Committee notes with interest that sections 7 and 10 of Ministerial Order No. 11 of 2013 prohibit the employment of children under the age of 18 years in hazardous work.