National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
Article 6 of the Convention. Apprenticeship and hazardous work. The Committee had previously noted that the competent authorities are envisaging the possibility of adopting regulations on young persons employed in accordance with Apprenticeship Law No. 5713-1953. The Committee had noted the Government’s information that the relevant regulations are not yet formulated due to some technical difficulties, but shall be adopted in the near future. It also noted the Government’s indication that the employment of young persons in hazardous work as apprentices is not a serious issue as their work is supervised by competent professionals and is performed in a safe and controlled working environment.
The Committee notes from the Government’s information that the youth apprenticeship safety rules, within the framework of the Apprenticeship Law are still being formulated. The Committee also notes that the Ministry of Industry, Trade and Labour (MOITAL) issued on 17 August 2009, a special circular entitled A fresh look at the subject of new arrangements in the sphere of employment of apprentices, providing employment instructions and directives to the directors of educational establishments. The special circular states that school principals are directly responsible for the employment of their pupils, and should they have any doubts with respect to the safety of the place of employment of apprentices, they can consult with the regional labour inspector. Furthermore, a member of the educational establishment’s administration shall be responsible for visiting the young person’s place of employment at least three times a year and shall keep a journal of these visits. Should there be any suspicion by the educational establishment’s administrator in charge that the young person is being adversely affected by the employment, a report shall be submitted in writing to the Regional Commissioner of the Division, who will then intervene. The Committee hopes that the regulations on apprenticeship safety rules for young persons in accordance with the Apprenticeship Law No. 5713-1953 will soon be adopted and requests the Government to supply a copy once it has been done.
Article 7(1) and (3). Light work and the determination of these types of activity. The Committee previously noted that article 2(c) of Youth Labour Law No. 5713-1953, provides that the Minister of Labour and Social Welfare may, in general or in specific cases, permit the employment of a child who is 14 years old and in respect of whom exemption has been granted from attending school. The Committee requested the Government to specify the activities permitted as light work and further noted the Government’s indication that regulations determining the activities permitted as light work and the number of working hours allowed in this type of employment were currently under discussion.
The Committee notes that, following the general observation made in 2009 in which the Committee addressed the topic of light work, the Government has translated the general observation into Hebrew to distribute it amongst experts and has begun formulating a definition of light work with the help of a professional team. The Committee further notes that on 29 July 2010, the Youth Employment Law (Amendment No. 14) 5770-2010 was published and came into effect on 1 September 2010, prohibiting young persons in grades 11 and 12 to whom the Compulsory Education Law applies, to work during school hours, unless they are being employed as an apprentice. The Committee also notes the statistical information in the child labour survey conducted by MOITAL in January 2009, whereby 1,260 households with children between the ages of 11 and 15 were surveyed by telephone. The Committee notes that 75,000 children and adolescents between the ages of 11 and 15, meaning 12 per cent of the population within that age group, worked in Israel throughout 2008. The majority of the children are employed in jobs such as babysitting (43.3 per cent) and waiting tables (12.6 per cent). Though most children work during the summer holidays (70.9 per cent), 14.4 per cent work during the months prior to and succeeding the summer holidays. The Committee notes from the survey that 51.8 per cent of parents believe that it is important for their children to have a part-time job from an early age so they can learn the value of money. It further notes from the Government’s data that the phenomenon of relatively young children maintaining paying jobs is considered to be part of their socialization process and their immersion into society and the job market as adults. However, the Committee also notes that 13.1 per cent of those interviewed work in order to support themselves as well as their family. In this regard, the Committee reminds the Government that under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons of 14 years of age on light work, provided that such work is not likely to harm their health or development, or prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also reminds the Government, that pursuant to Article 7(3) of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee requests the Government to take the necessary measures to bring its national practice into conformity with the Convention by permitting employment in light work only for children who have reached the age of 14 years. The Committee hopes that the regulations determining the activities permitted as light work and the number of working hours allowed in this type of employment in accordance with Article 7, paragraph 3, of the Convention will be finalized soon. It also requests the Government to provide information on any progress in this regard and to supply a copy of these regulations once they have been adopted.
Article 9(1). Penalties. The Committee notes that whoever employs a young person, meaning a youth who has attained the age of 16, but not yet attained the age of 18, in contravention to the provisions of the Youth Employment Law (Amendment No. 14) 5770-2010, shall be punishable with imprisonment for a maximum term of one year, or with a fine between 14,400 and 43,800 new Israeli shekels (NIS) (approximately between US$3,960 and US$12,000), pursuant to sections 61(a) (1) and (2) of the Penal Law.
Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s information that the phenomenon of employing children under the minimum age for employment is nearly non‑existent in the country. The Committee also noted that the data supplied by the Government on the violations detected under the Youth Labour Law for the years 2006 and 2007.
The Committee notes, according to the statistical information provided by the Government, that in 2008, 567 fines were imposed amounting to NIS4,575,000 (approximately US$1,259,660) and 12 indictments were submitted by the Legal Bureau. In 2009, 822 fines were imposed for a total of NIS10,755,303 (approximately US$2,961,270) and 55 indictments were submitted by the Legal Bureau in regard to the Youth Labour Law. The Committee asks the Government to continue providing information on the manner in which the Convention is applied in practice, including the number and nature of contraventions reported and penalties imposed.
Article 6. Apprenticeship and hazardous work. The Committee had previously noted that, under the terms of the Youth Employment Regulations (Prohibited Jobs and Restricted Jobs) young persons under 16 years of age may be engaged in hazardous work during their apprenticeship. It had also noted that the competent authorities are envisaging the possibility of adopting regulations on young persons employed in accordance with Apprenticeship Law No. 5713-1953. The Committee had requested the Government to provide information on any developments made towards adopting the above regulations. The Committee notes the Government’s information that the relevant regulations are not yet formulated due to some technical difficulties, but shall be adopted in the near future. It also notes the Government’s indication that the employment of young persons in hazardous work as apprentices is not a serious issue as their work is supervised by competent professionals and is performed in a safe and controlled working environment. The Committee hopes that the regulations on young persons in accordance with the Apprenticeship Law No. 5713-1953, will be adopted soon. It requests the Government to supply a copy of the same once they have been adopted.
Article 7, paragraph 3. Determination of light work. Following its previous comments, the Committee notes the Government’s information that the regulations determining the activities permitted as light work and the number of working hours allowed in this type of employment are currently under discussion. With regard to the granting of permits under sections 2(c) and 27F of Youth Labour Law No. 5713-1953, the Government states that no information on the number of permits granted is available as the number of children employed by virtue of section 2(c) of the Youth Labour Law is insignificant. The Committee hopes that the regulations determining the activities permitted as light work and the number of working hours allowed in this type of employment in accordance with Article 7, paragraph 3, of the Convention will be finalized soon. It requests the Government to provide information on any progress in this regard and to supply a copy of these regulations once they have been adopted.
Part V of the report form. Application of the Convention in practice. The Committee had previously noted the statistics provided by the Government, according to which a total of 21,400 juveniles under the age of 18 work, out of whom 16,200 work and attend school and 5,000 only work. It had also noted that according to a communication by the Children and Youth Trade Union (CYTU) dated 16 April 2006, addressed to the Labour Relations Division, Ministry of Industry, Trade and Labour (MOITL), Jerusalem, the estimates of the Israeli Central Bureau of Statistics of 2003 indicate that 9.2 per cent (i.e. 31,262) juveniles aged between 15 and 17 years of age took part in the civilian labour force. The CYTU also pointed at the large number of young children aged 8–12 who are employed in agriculture in the Arab sector or assisting in shops or market places. It further noted that according to the ICFTU’s report for the World Trade Organization Trade Policy Review dated 30 January 2006, Arab girls are reported to leave school as young as 12 years to work in small textile factories.
The Committee notes the Government’s information that the phenomenon of employing children under the minimum age for employment is nearly inexistent in the country. According to the estimations, the majority of children who do work are employed in the agricultural farm of their families in the Arab sector. It also states that the scope of child labour in the textile factories is highly negligible, as most of the textile factories are either closed down or transferred to other countries due to globalization. With regard to the difference between the data provided by the Government and the CYTU on the child labour estimates, the Government states that the data provided by the Government referred to the weekly workforce and that the data provided by the CYTU probably referred to the annual workforce. The Committee notes the Government’s indication that the MOITL is preparing to conduct a survey on child labour in the country and that its findings will be published next year. The Committee finally notes the data supplied by the Government on the violations detected under the Youth Labour Law for the years 2006 and 2007. It notes that in 2006, 77 employers and 1,071 employees were inspected, and fines amounting to a total of 437,400 new Israeli shekels (NIS) were imposed in 84 cases, and indictments were submitted in 18 cases. In 2007, 436 employers and 5,253 employees were inspected, and fines amounting to a total of NIS444,500 were imposed in 66 cases and indictments were submitted in seven cases. The Committee asks the Government to continue providing information on the application of the Convention in practice, including the number and nature of contraventions reported and penalties imposed. It also requests the Government to supply a copy of the survey on child labour conducted by the MOITL.
The Committee notes the Government’s report. It requests the Government to provide further information on the following points.
Article 3, paragraph 3, of the Convention. Hazardous work as from 16 years. Following its previous comments, the Committee notes that, by virtue of section 5 of Youth Labour Law No. 5713-1953, as amended, a child, even after reaching the age of 15 years, shall not be employed in a place prescribed by the Minister of Law and Social Affairs as likely to endanger his/her physical, psychological or educational development because of the nature of the work, its location or for any other reason. The Committee notes the Government’s information on the interpretation of the phrase “even where a child has reached the age of 15 …” that although a child (defined as under the age of 16) has reached the age of 15 (which is the minimum age for employment), it is prohibited to employ such a child in hazardous work, as long as he/she has not reached the age of 16. The Committee takes due note of this information.
Article 6. Apprenticeship and hazardous work. The Committee had previously noted that, under the terms of the Youth Employment Regulations (Prohibited Jobs and Restricted Jobs) young persons under 16 years of age may be engaged in hazardous work during their apprenticeship. The Committee also noted that the competent authorities are envisaging the possibility of adopting regulations on young persons employed in accordance with Apprenticeship Law No. 5713-1953. The Committee had requested the Government to provide information on any new developments in that regard. The Committee notes the Government’s indication that these regulations have not yet been adopted. The Committee requests the Government to supply information on any developments made towards adopting regulations on young persons in accordance with the Apprenticeship Law No. 5713-1953, and to supply a copy of the same once they have been adopted.
Article 7, paragraph 3. Determination of light work. The Committee had previously noted the Government’s information that it will take the necessary steps to adopt regulations determining the activities permitted as light work and the number of working hours allowed in this type of employment. The Committee had requested the Government to indicate whether employment permits have been granted under section 2(c) (Granting of permits for employment of a child who has completed 14 years in respect of whom an exemption has been granted from attending school) and section 27F (Conditions of employment included in an employment permit) of Youth Labour Law No. 5713-1953. The Committee notes the Government’s information that the regulations determining the activities permitted as light work have not yet been prepared. The Committee requests the Government to provide information on any development in that regard. The Committee once again requests the Government to provide information on any permits granted pursuant to sections 2(c) and 27F of the Youth Labour Law No. 5713-1953 and, where appropriate, to indicate the hours and conditions of work to which they are subject.
Article 9, paragraph 3. Employers’ registers. Following its previous comments, the Committee notes that Regulation No. 5718-1958 on Registry of Youth provides the details which must be registered in the registry while employing juveniles, such as, his/her name, father’s name, date of birth, address, identity card number, employment card number, hours of work, annual vacation, the date of starting the work, etc. The Committee takes due note of this information.
Part V of the report form. Application of the Convention in practice. The Committee had previously noted the statistics provided by the Government, according to which a total of 21,400 juveniles under the age of 18 work, out of whom 16,200 work and attend school and 5,000 only work. The Committee nevertheless notes that, according to a letter by the Children and Youth Trade Union (CYTU) dated 16 April 2006, addressed to the Labour Relations Division, Ministry of Industry, Trade and Labour (MOITL), Jerusalem, the estimates of the Israeli Central Bureau of Statistics of 2003 indicate that 9.2 per cent (i.e. 31,262) juveniles aged between 15 and 17 years of age took part in the civilian labour force. The CYTU also points at the large number of young children aged 8-12 who are employed in agriculture in the Arab sector, or assisting in shops at the marketplaces or standing at the junctions selling flowers to drivers passing by. The Committee also notes that, according to the ICFTU’s report for the World Trade Organization Trade Policy Review dated 30 January 2006, Arab girls are reported to leave school as young as 12 years to work in small textile factories. The Committee notes the Government’s information that there were no significant changes from the data submitted previously. It notes that in 2005, 20 labour inspectors were involved in the enforcement of various labour laws. During this period, 316 files were opened concerning violations of Youth Labour Law, 156 fines were imposed and nine cases of criminal charges were filed as regards the above law. The Committee also notes the Government’s statement that classification of information according to sex and age is not currently available, and that it will be submitted in the Government’s next report. The Committee expresses its concern about the situation of children under the age of 15 working in the country. The Committee encourages the Government to increase its efforts to improve the situation and to provide information on the measures taken in this regard. The Committee requests the Government to continue to supply information on the application of the Convention in practice, including statistical data on the employment of children and juveniles, extracts from inspection service reports and information on the number and nature of contraventions reported, as well as the penalties applied.
Article 2, paragraph 1, of the Convention. Minimum age of admission to work in itinerant trading. In reference to its previous comments, the Committee notes the information provided by the Government which indicates that, under article 2A(a) of Youth Labour Law No. 5713-1953, as amended in 1995, a child who is not yet 15 years of age, but who is 14, can be employed during school holidays to do light work which is not harmful to his health or development, determined by the Minister of Industry, Trade and Labour and in accordance with prescribed conditions and hours of work.
Article 2, paragraph 3. Age of completion of compulsory schooling. Further to its previous comments, the Committee notes the information supplied by the Government according to which, pursuant to Compulsory Education Law No. 5709-1949, education is compulsory for children from 3 to 15 years of age.
Article 3. 1. Age of admission to hazardous work. In its previous comments, the Committee noted that, under the terms of article 7 of Youth Labour Law No. 5713-1953 (hereafter referred to as Law No. 5713-1953), the Minister of Labour and Social Welfare may, by means of regulations, prescribe that a juvenile who has not yet attained a certain age shall not be employed in certain work if, in the opinion of the Minister, such work is likely to prejudice the health, well-being or physical, educational, spiritual or moral development of the juvenile. The Committee notes the Government’s information according to which, under the terms of Law No. 5713-1953, the term juvenile refers to a person under 18 years of age and that, consequently, the minimum age for admission to hazardous work is 18.
2. Determination of hazardous work. The Committee notes that, according to the Government’s information, regulations have been adopted in pursuance of Work Safety Ordinance No. 5730-1970. An English translation will be submitted to the Office in the Government’s next report.
3. Hazardous work as from 16 years. In its previous comments, the Committee noted that, under article 5 of Law No. 5713-1953, a child under the age of 15 years shall not be employed in a place prescribed by the Minister of Labour and Social Welfare if the latter considers that the employment of a child in such a place is liable to endanger his physical, psychological or educational development because of the nature of the work, its location or for any other reason. The Committee requested that the Government ensure the application of Article 3, paragraph 3, of the Convention by providing that no person under 16 years of age would be authorized to engage in hazardous work. In response, the Government points out that the term child refers to a person who has not yet reached the age of 16. Whilst noting the Government’s information, the Committee points out that article 5 of Law No. 5713-1953 specifies a child under the age of 15. The Committee therefore reiterates its request that the Government provide information on the measures that have been adopted or envisaged to give effect to Article 3, paragraph 3, of the Convention by providing that no person under 16 years of age shall be authorized to engage in hazardous work.
Article 6. 1. Minimum age for admission to apprenticeship. The Committee previously noted that, under article 5 of Apprenticeship Law No. 5713-1953, the Minister of Labour may prescribe by regulations, either generally or in respect of a particular trade, the minimum age and minimum education required of a prospective apprentice as preconditions of apprenticeship. The Committee asked the Government to specify the minimum age required for admission to an apprenticeship. The Committee notes the Government’s information indicating that young people may begin an apprenticeship only after having completed their compulsory education, i.e. from the age of 15.
2. Apprenticeship and hazardous work. In its previous comments, the Committee pointed out that a cross-reading of articles 1 and 2 of Youth Employment Regulations (Prohibited Jobs and Restricted Jobs) No. 5756-1995 established that young persons under 16 years of age may be engaged in hazardous work during their apprenticeship. The Committee notes the Government’s information in which it is indicated that the regulated and supervised environment in which young persons are employed during an apprenticeship reduces the dangers they are exposed to. The work is performed merely for training purposes and is carried out under the supervision of a competent person. Lastly, the Committee notes that the competent authorities currently envisage the possibility of adopting regulations on young employed persons in accordance with Apprenticeship Law No. 5713-1953. The Committee requests that the Government provide information on any new developments in that regard.
Article 7, paragraphs 1 and 3. Determination of light work. In view of article 2(c) of Youth Labour Law No. 5713-1953, which provides that the Minister of Labour and Social Welfare may, in general or in specific cases, permit the employment of a child who is 14 years old and in respect of whom exemption has been granted from attending school, and article 27F of that same Law which sets out the conditions of employment that must be included in an employment permit for a juvenile, the Committee requested, in its previous comments, that the Government specify the activities permitted as light work and that it prescribe other conditions for such employment. In this regard, the Committee notes the Government’s information in which it is indicated that regulations determining the activities permitted as light work and the number of working hours allowed in this type of employment have not yet been adopted. However, the Government states that it will take the necessary steps to adopt regulations in the near future. The Committee requests that the Government inform it of any new development in that regard. Furthermore, it requests once again that the Government indicate whether employment permits have been granted under sections 2(c) and 27F of Youth Labour Law No. 5713-1953 and, where appropriate, to indicate the hours of work and conditions of employment or work to which they are subject.
Article 8. Artistic performances. The Committee notes the Government’s information in which it is indicated that consultations with employers’ and workers’ organizations were held prior to the adoption of the Employment of Youth Regulations (Employment of a Child in a Performance or Advertisement) of 1999. It also notes the text of a January 2000 amendment to article 2(a1) of the 1999 Regulations, which provides that it is possible to employ a child who is less than 1 year old subject to the following three cumulative conditions: (1) the public performance must have an educational or scientific purpose; (2) the participation of the child is vital to the performance; and (3) the consultative committee has unanimously determined the authorization modalities, the number of hours of work and the length of breaks.
As regards supplements containing a model form for a permit application for the employment of a child in a performance or advertisement, as referred to in sections 4A and 5(11) of the Employment of Youth Regulations (Employment of a Child in a Performance or Advertisement) of 1999, the Committee notes the information provided by the Government in which it is indicated that the English translation has not yet been completed and that it will be submitted in the Government’s next report.
Article 9, paragraph 3. Employers’ registers. The Committee previously requested that the Government indicate whether regulations providing that employers shall keep a register had been adopted, as required under article 31 of Youth Labour Law No. 5713-1953. It notes the Government’s intention to submit information on this matter at a later date. The Committee hopes that the Government will be able to provide such information in the near future.
Part V of the report form. Application of the Convention in practice. The Committee notes the statistics on child labour submitted by the Government. According to those statistics, a total of 21,400 juveniles under the age of 18 currently work. Five thousand of them only work and 16,200 work and attend school. However, no information is available on the school attendance of 2,000 of those who work. The Committee requests that the Government continue to submit information on how the Convention is applied in practice, including, for instance, statistics on child and youth employment, extracts from inspection service reports and information on the number and nature of contraventions reported, as well as the penalties applied. In so far as possible, the information provided should be classified according to sex and age.
With regard to Amendment No. 10, which amended article 38(a) of Youth Labour Law No. 5713-1953, the Committee notes the Government’s indication that the English translation has not yet been completed and that the text will be submitted shortly. The Committee hopes that the Government will be able to submit the text of Amendment No. 10 in its next report.
The Committee notes the information provided by the Government in its reports.
Article 1 of the Convention. The Committee recalls that by ratifying the Convention the State has undertaken to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee therefore requests the Government to provide any relevant information on this subject.
Article 2, paragraph 1. The Committee notes that section 2A(a) of Youth Labour Law No. 5713-1953, as amended in 1995, provides that during school holidays a child who has not yet attained the age of 15 years shall not engage in itinerant trading, save under a permit. While noting that section 27F of Law No. 7153-1953 provides for the conditions of employment of a juvenile which must be set out in an employment permit, and particularly that the juvenile will not be exploited, that his health, safety, education and proper development is not impaired, and that hours of work, breaks and intervals between one workday and the next will be prescribed, the Committee reminds the Government that, under the terms of Article 2, paragraph 1, of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation. When ratifying the Convention, the Government specified 15 years as the minimum age. The Committee would be grateful if the Government would provide information on the measures adopted or envisaged to give effect to this provision of the Convention by providing that no person under 15 years of age shall be admitted to employment or work in any occupation.
Article 2, paragraph 3. The Committee notes that under the terms of section 2(a) of Compulsory Education Law No. 5709-1949, compulsory education shall comprise all children of the ages from 5 to 13 years and all adolescents who have not completed their elementary education. Under the terms of section 1 of Act No. 5709-1949, the term adolescent means a person of between 14 and 17 years of age. In its report submitted to the Committee on the Rights of the Child in 2002, the Government states that, in accordance with Compulsory Education Law No. 5709-1949, education in Israel is compulsory for children between the ages of 3 and 15 years inclusive or until the completion of ten years of schooling (see paragraph 907 of document CRC/C/8/Add.44). In view of the above, the Committee would be grateful if the Government would provide information concerning the age of completion of compulsory schooling.
Article 3. 1. Age of admission to hazardous work. The Committee notes that, under the terms of section 7 of Youth Labour Law No. 5713-1953, the Minister of Labour and Social Welfare may by regulations prescribe that a juvenile who has not yet attained a certain age shall not be employed in certain work, if in the opinion of the Minister such work is likely to prejudice the health, well-being or physical, educational, spiritual or moral development of the juvenile. Under the terms of section 1 of Act No. 5713-1953, the term juvenile means a child or an adolescent, that is, respectively, a person under 16 years of age and a person of 16 years of age but under 18. The Committee reminds the Government that under the terms of Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of 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 young persons shall not be less than 18 years. It therefore requests the Government to provide information on the measures adopted or envisaged to give effect to Article 3, paragraph 1, of the Convention by setting 18 years as the age of admission to hazardous work.
The Committee notes that in accordance with section 1 of Youth Employment Regulations (Prohibited Jobs and Restricted Jobs) No. 5756-1995, a young person shall not work in the jobs listed in the addendum. The Committee notes that Regulations No. 5756-1995 do not define the term "young person". It notes that the use of the term young person by Youth Employment Regulations No. 5756-1995 does not make it possible to determine whether the age of admission to hazardous work is 18 years. The Committee requests the Government to indicate whether the national legislation contains a definition of the term young person and, if so, to provide a copy.
Furthermore, the Committee notes that under section 6 of Youth Labour Law No. 5713-1953, the Minister of Labour and Social Welfare may prohibit or restrict by regulations the employment of a child or adolescent in work, production processes or workplaces which in his opinion are likely to prejudice the health, well-being or physical development of the child or adolescent, even if such employment is not prohibited under the preceding sections. The Committee would be grateful if the Government would indicate whether such regulations have been adopted and, if so, if it would provide a copy of them.
2. Determination of hazardous work. The Committee notes that section 3 of Youth Employment Regulations (Prohibited Jobs and Restricted Jobs) No. 5756-1995 provides that these regulations are complementary to the regulations on the matter of unsuitability of a youth to be employed in certain jobs or with certain materials, promulgated under Work Safety Ordinance (New Version) No. 5730-1970. However, no regulations adopted under the Ordinance are available to the Office. The Committee would be grateful if the Government would indicate whether such regulations have been adopted and, if so, if it would provide a copy to the Office.
3. Hazardous work as from 16 years. In its previous comments, the Committee referred to Part 2 (sections 1(b), 3(b) and 6) of Youth Employment Regulations of 1954, which authorize the employment of young persons of 15 years of age in a number of types of hazardous work, as well as to section 5(1) and (2) of Youth Labour Law No. 5713-1953 permitting young persons of 15 years of age to engage in itinerant trading. The Committee notes that section 4 of Youth Employment Regulations (Prohibited Jobs and Restricted Jobs) No. 5756-1995 repealed the 1954 Regulations and that section 5 of Law No. 5713-1953 has been amended. By virtue of the new section 5 of Law No. 5713-1953, a child under the age of 15 years shall not be employed in a place prescribed by the Minister of Labour and Social Welfare if the latter considers that the employment of a child in such a place is liable to endanger his physical, psychological or educational development because of the nature of the work, its location or for any other reason. The Committee recalls that under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on the measures adopted or envisaged to give effect to Article 3, paragraph 3, of the Convention by providing that no person under 16 years of age shall be authorized to engage in hazardous work.
4. Apprenticeship and hazardous work. The Committee notes that under section 1 of Youth Employment Regulations (Prohibited Jobs and Restricted Jobs) No. 5756-1995, the prohibition of employing a young person in hazardous work does not apply to the employment of a youth pursuant to Apprenticeship Law No. 5713-1953 or those working at the Vocational Training Centre for Youth. It also notes that section 2 of Regulations No. 5756-1995 provides that, notwithstanding the provisions of section 1, the chief work supervisor may permit the employment of a youth in a job, in places, in conditions and with restrictions laid down in the permit, if it is essential, in his opinion for the professional training of the youth. The Committee notes that by virtue of these provisions, young persons under 16 years of age may be engaged in hazardous work during their apprenticeship. It therefore requests the Government to provide information on the measures adopted or envisaged to ensure the application of this provision by providing that no young persons under 16 years of age may be authorized to perform hazardous work during their apprenticeship.
Article 6. The Committee notes that under section 5 of Apprenticeship Law No. 5713-1953, the Minister of Labour may prescribe by regulations, either generally or in respect of a particular trade, the minimum age and minimum education required of a prospective apprentice as preconditions of apprenticeship. The Committee reminds the Government that under the terms of Article 6 of the Convention, the age required to work as an apprentice is 14 years. It would be grateful if the Government would provide information concerning the minimum age required to be admitted to apprenticeship and, where appropriate, to provide a copy of any regulations adopted in this respect.
Article 7, paragraphs 1 and 3. The Committee notes that, under the terms of section 2(c) of Youth Labour Law No. 5713-1953, the Minister of Labour and Social Welfare may, in general or in specific cases, permit the employment of a child who is 14 years old and in respect of whom exemption has been granted from school under section 5 of Compulsory Education Law No. 5709-1949. Section 27F of Law No. 5713-1953 sets out the conditions of employment that must be contained in an employment permit for a juvenile, ensuring that the juvenile is not exploited, that his health, safety, education and proper development are not impaired, and that conditions in respect of hours of work, breaks and intervals between one workday and the next are specified.
In its previous comments, the Committee referred to Article 7, paragraph 3, of the Convention. It requested the Government to specify the activities permitted as light work and to prescribe other conditions for such employment. The Committee notes the information provided by the Government in its report in 2000 according to which there are no regulations specifying the activities permitted as light work. Furthermore, with regard to the number of working hours permitted for light work, the Government refers to sections 20, 22 and 24 of Law No. 5713-1953. These sections cover work by children and juveniles in general and do not apply specifically to light work. The Committee once again requests the Government to provide a copy, once they have been adopted, of the Regulations specifying the activities permitted as light work. It also requests the Government to indicate whether employment permits have been granted under sections 2(c) and 27F of Youth Labour Law No. 5713-1953 and, where appropriate, to indicate the hours of work and conditions of employment or work to which they are subject.
Article 8. The Committee notes the adoption of the Employment of Youth Regulations (Employment of a Child in a Performance or Advertisement) of 1999, which establish the procedure for authorizing the employment of a child under 15 years of age, in individual cases, in artistic performances. The Committee also notes the information provided by the Government in its reports in 2000 and 2002, according to which 1,500 permits were issued between 1996 and 2000, another 1,944 in 2001 and 887 in the first half of 2002. The Committee requests the Government to indicate the manner in which the requirement to hold consultations with employers’ and workers’ organizations, as set out in Article 8, paragraph 1, of the Convention, has been respected.
The Committee notes the information provided by the Government in its report in 2000 according to which the text of the Employment of Youth Regulations (Employment of a Child in a Performance or Advertisement), 1999, provided to the Office does not include an amendment introduced in January 2000 allowing the possibility to employ a child who is less than 1 year old subject to three cumulative conditions. It requests the Government to provide a copy of the amended Regulations. The Committee also requests the Government to provide a copy of the two supplements containing a model form for a permit application for the employment of a child in a performance or advertisement, which are referred to in sections 4A and 5(11) of Employment of Youth Regulations (Employment of a Child in a Performance or Advertisement), 1999.
Article 9, paragraph 3. The Committee notes that section 31 of Youth Labour Law No. 5713-1953 provides that employers shall keep a register in which details prescribed by regulations shall be entered in respect of the juveniles employed. It requests the Government to indicate whether such regulations have been adopted and, if so, to provide a copy.
Part V of the report form. The Committee notes the information provided by the Government in its reports in 2000 and 2002 concerning the application of the Convention in practice. According to the report in 2002, a number of violations of Youth Labour Law No. 5713-1953 and general regulations were noted by the inspection services. The Committee would be grateful if the Government would provide additional information on these violations, particularly relating to the nature of the violations and the measures adopted or envisaged to ensure that the national legislation is applied in conformity with this Convention.
In its report in 2002, the Government indicates that Amendment No. 10 amended section 38(a) of Youth Labour Law No. 5713-1953. According to the Government’s report, this amendment places criminal liability on the director-general of a public authority in the case of a violation of the Law by a contractor working for the public authority. The Committee requests the Government to provide a copy of Amendment No. 10 amending section 38(a) of Law No. 5713-1953.
The Committee has been commenting on the application of Article 3, paragraph 3, of the Convention, which requires provision of full protection and specific instruction or vocational training in the relevant branch of activity to young persons over 16 years employed on any type of employment or work likely to jeopardise their health, safety or morals. In the absence of information in the Government's report, the Committee asks it to state whether amendments have been made or envisaged to the second part of the schedule to the Employment of Young Persons Regulations (prohibited and restricted occupations for children under 16 years of age) so as to bring it into line with the above requirements of the Convention.
With reference to its observation, the Committee hopes that the related regulations to be made under the revised Youth Labour Act will be promulgated as soon as possible to specify the activities permitted as light work under the amended provisions of the Youth Labour Act and to prescribe other conditions for such employment, including the number of hours in accordance with Article 7, paragraph 3, of the Convention. It requests the Government to supply their copy when adopted.
The Committee notes the Government's statement that there are few children who seek employment during the period of their compulsory education. It would appreciate it if the Government would continue to supply information on the application of the Convention in practice, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported, in accordance with point V of the report form.
With reference to its previous comments, the Committee notes with satisfaction the indication in the Government's report that section 2(c) and 2A(a) of the Youth Labour Act was amended in 1995 and brought into line with the requirements of Article 7(1) of the Convention by limiting the exceptional employment of a child between 14 and 15 years of age only to light work which is not likely to be harmful to his health or development and only during official school holidays. It asks the Government to send a copy of the Act that amended the Youth Labour Act.
Referring to its previous comments, the Committee notes from the Government's reply that the negotiations have started with a view to bringing the legislation into full conformity with the requirements of the Convention. The Committee therefore trusts that the necessary measures will be taken in the near future and that they will ensure the legislative conformity with the following provisions of the Convention:
Article 3, paragraph 3 which requires providing full protection and specific instruction or vocational training in the relevant branch of activity to young persons over 16 years employed on any type of employment or work likely to jeopardise their health, safety or morals.
Article 7, paragraphs 1(a) and 3 which authorises the employment or work of persons 13 to 15 years of age on light work which is (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received, and that the activities involved and the conditions of work and employment shall be determined by the competent authority.
The Committee hopes that the Government will indicate the measures taken or envisaged to give full effect to the Convention on these points.
Point V of the report form. The Committee notes the information provided on the practical application of the legislation giving effect to the Convention and in particular on the number of permits issued under section 2(c) of the Youth Labour Law. It requests the Government to continue to supply such information in its future reports.
Article 3, paragraph 3, and Article 7, paragraphs 1(a) and 3, of the Convention. Further to its previous direct request, the Committee notes with interest that the Government is considering the amendment of the Employment of Young Persons Regulations to bring them into full conformity with Article 3, paragraph 3, of the Convention, as suggested by the Committee, and that on the occasion of a revision of the Youth Labour Law and its regulations, it will take into account the Committee's comments concerning the application of Article 7 of the Convention. The Committee hopes that the next report will indicate the progress made in this connection.