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Article 1 of the Convention. National policy. In its previous comments, the Committee noted that, in the context of the project on the national strategy for children, the administration responsible for the family had organized a strategic planning workshop for the protection of children in February 2007 in collaboration with UNICEF. Following the workshop, recommendations for the protection of children were formulated for the period between 2007 and 2015. The Committee also noted that the Government had initiated a Bill on the protection of children. It requested the Government to provide information on the implementation of the recommendations and on the results achieved, and asked the Government to provide a copy of the Act on the protection of children once it had been adopted. The Committee notes the Government’s indication that the evaluation by the Follow-up and Evaluation Committee of the National Plan of Action for the Protection and Development of Children will be provided later. The Committee hopes that the Government will be in a position to provide with its next report the evaluation by the Follow-up Committee of the effect given to the recommendations made following the strategic planning workshop for the protection of children held in February 2007, and on the results achieved in terms of the progressive abolition of child labour. The Committee requests the Government to provide a copy of the Act on the protection of children once it has been adopted.
Article 2, paragraph 1. Scope of Application. The Committee noted previously that Act No. 90-11 respecting conditions of work of 21 April 1990 does not apply to employment relations which are not governed by a contract, such as work done by children on their own account. According to the Government, the Act does not apply to persons working on their own account, who are covered by other regulations which determine the minimum age for admission to non-wage work. In this respect, the Government indicates that section 5 of Ordinance No. 75-59 of 26 September 1975 issuing the Code of Commerce (Code of Commerce) provides that any emancipated minor of either sex, aged 18 or above, who wishes to engage in commercial activity, may not commence commercial operations or be considered of majority age with regard to any commitments she/he enters into for commercial purposes unless the said minor has received prior authorization from her/his father or mother or, in the absence of a father and mother, through a decision of the family council approved by a court of law. The Government added that, under this provision, regulations respecting admission to employment are of a general nature and apply to all forms of employment, whether waged or own account. The Committee noted that this provision of the Code of Commerce concerns emancipated minors of either sex, aged 18 or above, who wish to engage in a commercial activity. The situation to which the Committee referred concerns children under 18 years of age covered by the Convention who are engaged in an economic activity outside an employment relationship in the informal economy or on their own account. The Committee requested the Government to take the necessary measures to ensure that the protection afforded by the Convention is applied to children who are engaged in economic activity on their own account.
In its report, the Government indicates that, with regard to the age for admission to non-wage work, Algerian law prohibits access to employment for young persons under 18 years of age. In this respect, it refers once again to section 5 of the Code of Commerce, which provides that any emancipated minor of either sex, aged 18 or over, who wishes to engage in commercial activity, may not commence commercial operations or be considered of majority age with regard to the commitments entered into for commercial purposes unless the said person has received prior authorization from her/his father or mother or, in the absence of a father and mother, through a decision of the family council approved by a court of law. The Committee notes that commercial activities are defined in sections 2 and 3 of the Code of Commerce. Under the terms of section 2 of the Code, commercial activities include any purchase of movables for resale, either in their present state or after having worked or processed them. The Committee notes that these provisions of the Code of Commerce regulate the possibility for emancipated minors of either sex, aged 18 or above, to engage in a commercial activity in the formal economy. The Committee accordingly understands that work performed by a minor who is not emancipated on her or his own account or in the informal economy, for example as a small trader, is prohibited by the Code of Commerce. However, it notes that these provisions of the Code of Commerce do not regulate all the economic activities that a child under 16 years of age may carry on in the informal economy or on her or his own account and which are covered by the Convention, for example in the agricultural and domestic sectors. In this respect, the Committee notes that the Committee on the Rights of the Child, in its concluding observations to the Government’s second periodic report of October 2005 (CRC/C/15/Add.269, paragraph 74), noted with concern that the minimum age for admission to employment (16 years) does not apply to children working in the informal economy (for example, agriculture and domestic service). The Committee on the Rights of the Child recommended the Government to take effective measures to prohibit the economic exploitation of children, particularly in the informal economy, where their exploitation is more prevalent.
The Committee therefore requests the Government to provide information on the application in practice of section 5 of the Code of Commerce, with an indication of the manner in which the application of this provision is supervised. The Committee also requests the Government to provide information on the manner in which children who are not bound by a subordinate employment relationship, such as those working on their own account or in the informal economy, benefit from the protection envisaged by the Convention. In this respect, it would be grateful if the Government would envisage the possibility of adopting measures to adapt and strengthen the labour inspection services so as to ensure such protection.
Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of these types of work. The Committee previously noted the information provided by the Government that a revision of the national labour legislation is in progress and that the issue of prohibiting the engagement of persons under 18 years of age in hazardous type of work will be taken into account. It also noted the Government’s indication that a list of prohibited types of work would be established by regulation. The Committee notes the Government’s indication that specific provisions such as to clarify any ambiguity on these matters are envisaged in the future Labour Code. The Committee expresses the firm hope that the revision of the Labour Code will be completed in the near future and that provisions giving full effect to Article 3, paragraphs 1 and 2, of the Convention, namely that the minimum age for admission to any type of hazardous employment or work shall not be under 18 years of age and that a list of these types of employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, will be adopted in the very near future. It requests the Government to provide information on any development in this respect.
Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the information provided by the Government that the labour inspection services drew up 184 notifications covering a total of 210 offences in 2006 and 2007. Of these, 77 were investigated by the competent jurisdictions and gave rise to penalties. The Committee requests the Government to provide information on the penalties imposed by the competent jurisdictions following these prosecutions. It also requests the Government to continue providing information on the manner in which the Convention is applied in practice including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services and details on the number and nature of the contraventions reported, and on the penalties imposed.
The Committee notes the information supplied by the Government in its report. It requests the Government to provide information on the following points.
Article 1 of the Convention. National policy. Referring to its previous comments, the Committee takes due note of the Government’s information on the measures which it has taken since 2003 concerning child labour, particularly activities to raise public awareness of the problem. The Committee also notes that, in the context of the draft national strategy on children’s affairs, the administration responsible for family matters organized a strategic planning workshop on child protection in February 2007 in collaboration with UNICEF and that, following the workshop, recommendations on child protection have been formulated for the 2007–15 period. Moreover, it notes that the Government has initiated a draft act on child protection. The Committee asks the Government to supply information on the implementation of recommendations taken further to the strategic planning workshop on child protection held in February 2007 and also on the results obtained in terms of the progressive abolition of child labour. It also asks it to send a copy of the act on child protection once it is adopted.
Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that section 1 of Act No. 90-11 of 21 April 1990 concerning conditions of work governs individual and collective employment relations between salaried employees and employers. It noted that the terms of this provision of Act No. 90-11 do not apply to employment relations which are not governed by a contract, such as work done by children on their own account. The Committee also noted the Government’s statement that Act No. 90-11 of 21 April 1990 does not apply to self-employed persons, as they are governed by other regulations which determine the minimum age for admission to non-wage work. The Committee therefore requested the Government to send copies of these regulations.
In its report, the Government indicates that section 5 of Order No. 75-59 of 26 September 1975 concerning the Commercial Code provides that any emancipated minor of either sex, aged 18 or above, who wishes to engage in commercial activity may not commence commercial operations or be considered of majority age with regard to commitments he enters into for commercial purposes if he has not received prior authorization from his father or mother or, failing that, through an official statement from the family council approved by a court of law. The Government also indicates that, according to this provision, regulations concerning admission to employment are of a general nature and apply to all forms of employment, whether waged or on one’s own account.
The Committee notes that this provision of the Commercial Code concerns emancipated minors of either sex, aged 18 or above, who wish to engage in a commercial activity, whereas the situation to which the Committee refers concerns children under 18 years of age covered by the Convention who are engaged in economic activity outside an employment relationship in the informal sector or on their own account. It therefore again reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not a contractual employment relationship exists and whether or not the work is paid. The Committee therefore urges the Government to take the necessary measures to ensure that the protection afforded by the Convention is applied to children who are engaged in economic activity on their own account. It asks the Government to supply information in this respect.
Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of these types of work. Referring to its previous comments, the Committee notes the Government’s information that revision of the national labour legislation is in progress and that the issue of persons under 18 years of age being prohibited from employment in hazardous work will be taken into account. It also notes the Government’s information that a list of types of prohibited work will be established by means of regulation. In this respect, the Committee reminds the Government that Article 3, paragraph 2, of the Convention provides that, when types of hazardous work are being determined, the employers’ and workers’ organizations concerned must be consulted. The Committee hopes that the revision of the national legislation will be completed soon and that provisions giving full effect to Article 3, paragraphs 1 and 2, of the Convention will be adopted as soon as possible. It asks the Government to supply information on all further developments in this respect.
Part V of the report form. Application of the Convention in practice. The Committee notes the statistical information sent by the Government, particularly concerning the number of violations reported concerning non-compliance with the legal age for admission to employment (106) and concerning the absence of authorization from the father or legal guardian in the case of working minors (82). The Committee asks the Government to supply information on the penalties imposed by the competent courts further to the reported violations. It also asks the Government to continue to supply information on the way in which the Convention is applied in practice, by providing, for example, statistical data concerning the employment of children and young people, extracts of reports from the inspection services and details of the number and nature of violations recorded and penalties imposed.
The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation, which read as follows:
Article 1 of the Convention. In its previous comments, the Committee noted the Order of 24 July 1999 creating, within the Ministry of National Solidarity and the Family, a committee to follow-up and evaluate the National Plan of Action for the protection and development of children. Section 2 of the Order provides that the committee is responsible for “contributing to defining the elements for the determination of the national policy on childhood”. The Committee requested the Government to provide information on the activities of the above committee. The Committee notes that the Government’s report does not contain a reply to this comment. It therefore once again requests the Government to provide information on the work undertaken by the above committee, particularly with regard to the measures adopted or envisaged for the determination of the national policy on childhood, as well as any other information related to the national policy to ensure the effective abolition of child labour.
Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that, under the terms of section 1, Act No. 90-11 of 21 April 1990 respecting working conditions governs individual and collective employment relations between salaried employees and employers. The Committee noted that, under the terms of this provision, Act No. 90-11 does not apply to labour relations which do not derive from a contract, such as work by young persons on their own account. The Committee notes that, in its latest report, the Government once again indicates that the minimum age for recruitment is 16 years in all economic sectors, both private and public. However, in its previous comments, the Committee noted the information provided by the Government that Act No. 90-11 of 21 April 1990 does not apply to persons working on their own account, who are governed by other regulations, which determine the minimum age for admission to non-wage work. The Committee reminds the Government once again that the Convention applies to all sectors of economic activity and that it covers all forms of employment and work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. The Committee once again requests the Government to provide copies of the texts regulating the minimum age for admission to non-wage work, such as work by young persons on their own account.
Article 3, paragraph 1. Minimum age for admission to types of hazardous work. In its previous comments, the Committee noted that section 15(3) of Act No. 90-11 of 21 April 1990 provides that minor workers may not be employed in work that is hazardous, unhealthy or harmful to their health or prejudicial to their morals. The Committee noted that the national legislation does not contain a precise definition of the term “minor worker”. The Committee requested the Government to indicate the meaning of the expression “minor worker” as contained in section 15(3) of the Act. The Committee notes that the Government’s report does not contain any reply on this subject. The Committee reminds the Government that under the terms of Article 3, paragraph 1, of the Convention, the minimum age for admission to types of hazardous work, that is 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 once again requests the Government to indicate the meaning of the expression “minor worker” as contained in Act No. 90-11 of 21 April 1990.
Article 3, paragraph 2. Determination of types of hazardous work. In its previous comments, the Committee noted that section 28 of Act No. 90‑11 prohibits the employment of workers under 19 years of age in night work. It noted that the national legislation does not appear to determine other activities that are of a hazardous nature. In its report, the Government indicates that Act No. 88‑07 respecting occupational health, safety and medicine provides in section 11 that the employer shall ensure that work assigned to women, minor workers and workers with disabilities does not require efforts in excess of their strength. While noting this information, the Committee recalls that Article 3, paragraph 2, of the Convention provides that the types of employment or work which are hazardous 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 therefore once again requests the Government to indicate whether such a list has been established, after consultation with the organizations of employers and workers, and, if so, to provide a copy.
Part V of the report form. The Committee notes the information provided by the Government that the courts have not handed down any decisions relating to the implementation of the provisions of the Convention. However, it notes the Government’s indication that inspections by labour inspectors have sometimes found the employment of workers under 16 years of age, particularly in commerce and services. In this respect, the Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services and information on the number and nature of contraventions reported, and on the penalties imposed.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes the very brief information provided by the Government in its report.
Article 1 of the Convention. In its previous comments, the Committee noted the Order of 24 July 1999 creating, within the Ministry of National Solidarity and the Family, a committee to follow-up and evaluate the National Plan of Action for the protection and development of children. Section 2 of the Order provides that the committee is responsible for "contributing to defining the elements for the determination of the national policy on childhood". The Committee requested the Government to provide information on the activities of the above committee. The Committee notes that the Government’s report does not contain a reply to this comment. It therefore once again requests the Government to provide information on the work undertaken by the above committee, particularly with regard to the measures adopted or envisaged for the determination of the national policy on childhood, as well as any other information related to the national policy to ensure the effective abolition of child labour.
Article 3, paragraph 1. Minimum age for admission to types of hazardous work. In its previous comments, the Committee noted that section 15(3) of Act No. 90-11 of 21 April 1990 provides that minor workers may not be employed in work that is hazardous, unhealthy or harmful to their health or prejudicial to their morals. The Committee noted that the national legislation does not contain a precise definition of the term "minor worker". The Committee requested the Government to indicate the meaning of the expression "minor worker" as contained in section 15(3) of the Act. The Committee notes that the Government’s report does not contain any reply on this subject. The Committee reminds the Government that under the terms of Article 3, paragraph 1, of the Convention, the minimum age for admission to types of hazardous work, that is 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 once again requests the Government to indicate the meaning of the expression "minor worker" as contained in Act No. 90-11 of 21 April 1990.
Article 3, paragraph 2. Determination of types of hazardous work. In its previous comments, the Committee noted that section 28 of Act No. 90-11 prohibits the employment of workers under 19 years of age in night work. It noted that the national legislation does not appear to determine other activities that are of a hazardous nature. In its report, the Government indicates that Act No. 88-07 respecting occupational health, safety and medicine provides in section 11 that the employer shall ensure that work assigned to women, minor workers and workers with disabilities does not require efforts in excess of their strength. While noting this information, the Committee recalls that Article 3, paragraph 2, of the Convention provides that the types of employment or work which are hazardous 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 therefore once again requests the Government to indicate whether such a list has been established, after consultation with the organizations of employers and workers, and, if so, to provide a copy.
The Committee notes the information provided by the Government in its report.
Article 1 of the Convention. The Committee notes the Order of 24 July 1999 creating, within the Ministry of National Solidarity and the Family, a committee to follow up and evaluate the National Plan of Action for the Protection and Development of Children. Section 2 of the Order provides that the committee is responsible for "contributing to defining the elements for the determination of the national policy on childhood". The Committee requests the Government to provide information on the activities of the above committee, particularly with regard to the measures adopted or envisaged for the determination of the national policy on childhood, as well as any other information related to the national policy for the effective abolition of child labour.
Article 2, paragraph 1. Self-employed children. The Committee notes that Act No. 90-11 of 21 April 1990 respecting working conditions, in accordance with section 1, governs individual and collective employment relations between salaried employees and employers. The Committee notes that under the terms of this provision, Act No. 90-11 does not apply to employment relations which do not derive from a contract, such as self-employment. The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. It notes that in its last report the Government indicates that the minimum age for recruitment is 16 years in all economic and industrial sectors. However, in its previous comments, the Committee noted the information provided by the Government to the effect that Act No. 90-11 of 21 April 1990 does not apply to self-employed persons, who are governed by other regulations which determine the minimum age for admission to non-wage work. The Committee once again requests the Government to provide copies of the texts regulating the minimum age for admission to non-wage work, such as self-employment.
In its previous comments, the Committee noted that section 182 of Ordinance No. 75-31 of 29 April 1975 respecting the general conditions of work in the private sector prohibits any employment of young persons under 16 years of age, except where exceptional derogations are granted by the Minister of Labour and Social Affairs for certain temporary jobs of a specified duration. The Committee notes that the Ordinance of 29 April 1975 was repealed by section 157 of Act No. 90-11 of 21 April 1990 respecting working conditions.
Article 3. 1. Minimum age for hazardous work. The Committee notes that section 15(1) of Act No. 90-11 of 21 April 1990 provides that the minimum age required for recruitment may not in any case be lower than 16 years. It also notes that section 15(3) provides that "minor workers may not be employed in work that is hazardous, unhealthy, harmful to their health or prejudicial to their morals". The Committee notes that the national legislation does not contain a precise definition of "minor worker". The Committee requests the Government to indicate the meaning of the expression "minor worker" as contained in section 15(3) of the above Act.
2. Determination of hazardous types of work. The Committee notes the information provided by the Government in its report to the effect that section 28 of Act No. 90-11 prohibits the employment of workers under 19 years of age in night work. It notes that the national legislation does not appear to determine other activities that are of a hazardous nature. The Committee recalls that Article 3, paragraph 2, of the Convention provides that the types of employment or work that are hazardous 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 therefore requests the Government to indicate whether such a list has been established, after consultation with the organizations of employers and workers, and if so to provide a copy.
Article 8. The Committee notes the information provided by the Government in its report that the representatives of the arts have organized a series of meetings with the Ministry of Culture to formulate specific rules covering the particular aspects of activities relating to artistic performances. The Committee recalls that Article 8 of the Convention allows for the participation of young persons under the minimum age specified in activities such as artistic performances under certain conditions (limitation of the hours of work and determination of the conditions in which employment or work is allowed) and by means of permits granted in individual cases by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee would be grateful if the Government would provide copies of the provisions which allow the participation of young persons under 16 years of age in activities such as artistic performances, once they have been adopted.
Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of the contraventions reported.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
The Committee noted the information and legislative texts provided by the Government in its report. It noted with interest the adoption of Decree No. 96-98 of 6 March 1996 determining the list and content of the special books and registers which must be kept by employers, sections 2 and 5 of which make it compulsory for employers to record on staff registers the name and date of birth of the worker (Article 9, paragraph 3, of the Convention). Article 2, paragraph 1. The Committee noted the Government’s statement in its report to the effect that the minimum age for admission to non-salaried work, including employment or work carried on by a child on her or his own account, is determined by regulations other than Act No. 90-11 of 21 April 1990. It requested the Government to indicate the regulations and provisions which establish the minimum age for admission to non-salaried work and to transmit copies of them. The Committee noted the information supplied by the Government in its report submitted to the United Nations Committee on the Rights of the Child, according to which section 182 of Ordinance No. 75-31 of 29 April 1975 respecting the general conditions of work in the private sector prohibits any employment of young persons under 16 years of age, except in cases in which exceptional exemptions are authorized by the Minister of Labour and Social Affairs for certain temporary jobs of a fixed duration (paragraph 7(e) of document CRC/C/28/Add.4). The Committee requests the Government to provide information on the application in practice of the exemptions referred to in this provision. Article 8. The Committee noted the Government’s statement that no particular provision had been adopted to determine the minimum age of artists and actors under section 4 of Act No. 90-11. It hopes that these specific provisions will be adopted as soon as possible and will give effect to Article 8 of the Convention, which permits the participation of children under 16 years of age in activities such as artistic performances under certain conditions (limitation of the number of hours of the performance and the prescription of the conditions of employment), by means of permits granted in individual cases, after consultation with the organizations of employers and workers concerned. It requests the Government to continue providing information on any progress achieved in this respect. Part V of the report form. The Committee requests the Government to continue providing information on the application of the Convention in practice, including, for instance, statistics on the number of children and young persons who work, extracts of the reports of the inspection services and the contraventions reported.
The Committee noted the information and legislative texts provided by the Government in its report. It noted with interest the adoption of Decree No. 96-98 of 6 March 1996 determining the list and content of the special books and registers which must be kept by employers, sections 2 and 5 of which make it compulsory for employers to record on staff registers the name and date of birth of the worker (Article 9, paragraph 3, of the Convention).
Article 2, paragraph 1. The Committee noted the Government’s statement in its report to the effect that the minimum age for admission to non-salaried work, including employment or work carried on by a child on her or his own account, is determined by regulations other than Act No. 90-11 of 21 April 1990. It requested the Government to indicate the regulations and provisions which establish the minimum age for admission to non-salaried work and to transmit copies of them.
The Committee noted the information supplied by the Government in its report submitted to the United Nations Committee on the Rights of the Child, according to which section 182 of Ordinance No. 75-31 of 29 April 1975 respecting the general conditions of work in the private sector prohibits any employment of young persons under 16 years of age, except in cases in which exceptional exemptions are authorized by the Minister of Labour and Social Affairs for certain temporary jobs of a fixed duration (paragraph 7(e) of document CRC/C/28/Add.4). The Committee requests the Government to provide information on the application in practice of the exemptions referred to in this provision.
Article 8. The Committee noted the Government’s statement that no particular provision had been adopted to determine the minimum age of artists and actors under section 4 of Act No. 90-11. It hopes that these specific provisions will be adopted as soon as possible and will give effect to Article 8 of the Convention, which permits the participation of children under 16 years of age in activities such as artistic performances under certain conditions (limitation of the number of hours of the performance and the prescription of the conditions of employment), by means of permits granted in individual cases, after consultation with the organizations of employers and workers concerned. It requests the Government to continue providing information on any progress achieved in this respect.
Part V of the report form. The Committee requests the Government to continue providing information on the application of the Convention in practice, including, for instance, statistics on the number of children and young persons who work, extracts of the reports of the inspection services and the contraventions reported.
The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the information and legislative texts provided by the Government in its report. It notes with interest the adoption of Decree No. 96-98 of 6 March 1996 determining the list and content of the special books and registers which must be kept by employers, sections 2 and 5 of which make it compulsory for employers to record on staff registers the name and date of birth of the worker (Article 9, paragraph 3, of the Convention).
Article 2, paragraph 1. The Committee notes the Government’s statement in its report to the effect that the minimum age for admission to non-salaried work, including employment or work carried on by a child on her or his own account, is determined by regulations other than Act No. 90-11 of 21 April 1990. It requests the Government to indicate the regulations and provisions which establish the minimum age for admission to non-salaried work and to transmit copies of them.
The Committee notes the information supplied by the Government in its report submitted to the United Nations Committee on the Rights of the Child, according to which section 182 of Ordinance No. 75-31 of 29 April 1975 respecting the general conditions of work in the private sector prohibits any employment of young persons under 16 years of age, except in cases in which exceptional exemptions are authorized by the Minister of Labour and Social Affairs for certain temporary jobs of a fixed duration (paragraph 7(e) of document CRC/C/28/Add.4). The Committee requests the Government to provide information on the application in practice of the exemptions referred to in this provision.
Article 8. The Committee notes the Government’s statement that no particular provision has been adopted to determine the minimum age of artists and actors under section 4 of Act No. 90-11. It hopes that these specific provisions will be adopted as soon as possible and will give effect to Article 8 of the Convention, which permits the participation of children under 16 years of age in activities such as artistic performances under certain conditions (limitation of the number of hours of the performance and the prescription of the conditions of employment), by means of permits granted in individual cases, after consultation with the organizations of employers and workers concerned. It requests the Government to continue providing information on any progress achieved in this respect.
Point V of the report form. The Committee requests the Government to continue providing information on the application of the Convention in practice, including, for instance, statistics on the number of children and young persons who work, extracts of the reports of the inspection services and the contraventions reported.
Article 2, paragraph 1. The Committee notes the Government's statement in its report to the effect that the minimum age for admission to non-salaried work, including employment or work carried on by a child on her or his own account, is determined by regulations other than Act No. 90-11 of 21 April 1990. It requests the Government to indicate the regulations and provisions which establish the minimum age for admission to non-salaried work and to transmit copies of them.
Article 8. The Committee notes the Government's statement that no particular provision has been adopted to determine the minimum age of artists and actors under section 4 of Act No. 90-11. It hopes that these specific provisions will be adopted as soon as possible and will give effect to Article 8 of the Convention, which permits the participation of children under 16 years of age in activities such as artistic performances under certain conditions (limitation of the number of hours of the performance and the prescription of the conditions of employment), by means of permits granted in individual cases, after consultation with the organizations of employers and workers concerned. It requests the Government to continue providing information on any progress achieved in this respect.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
1. With reference to its previous comments on the application of Article 2 of the Convention, the Committee takes due note of the provisions of section 15 of Act No. 90-11 of 21 April 1990 respecting labour relations, which also applies in the agricultural sector, under which the minimum age for hiring a person for employment can in no circumstances be lower than 15 years.
The Committee recalls that the Convention covers not only employment or work performed in the context of a contractual relationship, but also employment or work done on their own account by the persons concerned. It asks the Government to indicate the measures taken or contemplated to establish a minimum age for admission to non-wage-earning work.
2. The Committee notes that section 4 of Act No. 90-11 referred to above, specifies that special provisions shall be made in regulations to define the specific system of employment relationships relating to actors and show people. The Committee hopes that these specific provisions will give effect to Article 8 of the Convention which, in individual cases, allows children under the age of 16 to participate in activities such as artistic performances under certain conditions (limitation of the number of hours of such work and fixing the conditions of employment), after consultation with the organizations of employers and workers concerned. It asks the Government to report on any progress made in this respect.
3. The Committee notes that section 156 of Act No. 90-11 referred to above specifies that the specific books and registers to be kept by all employers, as well as their content, shall be prescribed by regulations. It hopes that the regulations adopted under the above-mentioned section will also require such books and registers to indicate the names, ages or dates of birth of persons under the age of 18 employed or working in the enterprise, in accordance with the provisions of Article 9, paragraph 3, of the Convention.
The Committee takes note of the Government's report.
The Committee notes the adoption of Act No. 90-11 of 21 April 1990 concerning working conditions.
Article 2, paragraph 1, of the Convention. With reference to previous comments concerning the scope of the Convention, which covers all types of employment or work including work done on their own account by those concerned, the Committee asks the Government to state how compliance with the minimum age in non-wage-earning agricultural work is ensured.
Article 8. The Committee notes that, under section 4 of the aforementioned Act No. 90-11, the specific rules governing labour relations in the case of artists and actors in particular are to be laid down in particular provisions adopted by regulation. The Committee hopes that these particular provisions will give effect to the Convention which allows, in individual cases, the participation of children under 16 years of age in such activities as artistic performances under certain conditions (limitation of the duration in hours and fixing of the conditions of the employment) and after consultation with the organisations of employers and workers.
Article 9, paragraph 3. The Committee notes that, under section 156 of the aforementioned Act No. 90-11, the special books and registers and the content thereof are determined by regulations for every employer. The Committee hopes that the regulations adopted pursuant to section 156 of Act No. 90-11 will provide that such books and registers shall state the name and age or date of birth of persons under 18 years of age employed or working in the undertaking.
The Committee notes the information supplied by the Government in reply to its previous comments and wishes to point out the following:
Article 2, paragraph 1, of the Convention. The Committee noted that section 44 of Act No. 78-12 of 5 August 1978 to make general provision for workers' conditions of employment, taken in conjunction with section 51 of the same Act, which establishes a minimum age of 16 years for any recruitment within the context of an employment relationship (in the same way as section 9 of Act No. 82-06 of 27 February 1982 respecting individual employment relationships) are not sufficient to give full effect to the above provision of the Convention, which covers all forms of employment or work, including that performed by self-employed workers. It therefore requested the Government to indicate how effect is given to the Convention on this point, particularly since the above legislative texts do not cover self-employed workers. The Government indicates in reply that no young person can set up on their own account, irrespective of the activity they have chosen, if they have not reached their majority in civil law and that, by virtue of Ordinance No. 75-59 of 29 September 1975 issuing the Code of Commerce, the minimum age that is set for establishing a commerce is 18 years. The Committee notes this information and requests the Government to supply details (including the relevant legislative texts) on how the minimum age of 16 years, set for the application of the Convention, is also observed in the agricultural sector.
Article 3, paragraphs 1 and 2. The Committee notes that the Government's report does not contain information on the adoption of the Ministerial Order provided for under section 14 of the above Act No. 82-06, which was to establish a list of the jobs or workplaces prohibited for young persons as being dangerous, unsafe and liable to jeopardise their health and morals. The Committee is therefore bound to come back to this question and hopes, once again, that the above Order will be adopted in the near future and that it will give full effect to the above provisions of the Convention, which prohibit the employment or work of young persons under 18 years of age in work that is likely to jeopardise their health, safety or morals. Please report the progress achieved in this respect.
Article 8. The Committee once again requests the Government to indicate: (a) how and by virtue of which provisions children of less than 16 years of age are given authorisation to participate in activities such as artistic performances; and (b) the conditions under which they so participate, since the Government's report contains no information on the progress achieved in the adoption of the specific conditions of service of cultural workers, to which it referred in its previous report. These conditions of service should give effect to the above provision of the Convention which authorises, in individual cases, participation in such activities, but under certain conditions and after consultation with the organisations of employers and workers concerned.
Article 9, paragraph 3. The Committee requested the Government to indicate the legal provisions under which employers are required to keep and make available registers of young persons of less than 18 years of age whom they employ or who work for them, in accordance with the above provision of the Convention. In its previous report, the Government indicated that national laws and regulations in effect provide for such registers to be kept without, however, specifying the regulations or supplying models of the registers, as required by the report form on this Convention. In its last report, the Government indicates that a model of the above registers has been requested from the competent services and will be transmitted to the ILO as soon as it is received. The Committee is therefore bound to come back to this matter and requests the Government to indicate at the same time the laws or regulations which give effect to Article 9, paragraph 3, of the Convention.