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Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee noted that a national plan for the prevention and elimination of child labour (2001–10) had been adopted. It also noted that a related action plan (Plan de Avance) for the 2006–10 period had been drawn up, targeting three specific groups: boys and girls under 15 years of age who have dropped out of the school system to work or are at risk of doing so; boys, girls and young persons under 18 years of age involved in the worst forms of child labour; and young persons aged between 15 and 18 who are working. It noted that the development of national policies and social protection plans was envisaged in the context of the action plan, and asked for information in this respect.

The Committee notes the information in this respect sent by the Government in its report. It observes in particular that a register concerning the worst forms of child labour has been established to keep a record of children engaged in this type of activity, and also of children working on a self-employed basis or in the informal sector. According to the Government’s report, 66 per cent of all cases recorded in the register in 2009 involved children over 15 years of age. It also notes that the National Service for Minors and the National Labour Directorate continue to honour the protocol of cooperation signed in 2007, which aims at cooperative action in situations involving child labour in order to enforce the relevant penalties and protect the children and young persons concerned.

The Committee duly notes the statistics supplied in the Government’s report in relation to the Worst Forms of Child Labour Convention, 1999 (No. 182), concerning the number and nature of the violations reported and penalties imposed by the labour inspectorate between 2006 and 2010. Moreover, the Committee observes that, according to the information contained in the June 2010 technical progress report on the ILO–IPEC project on the elimination of child labour in Latin America, the Government has announced that a second national survey of child labour will be conducted in 2011. The Committee requests the Government to supply detailed information on the results achieved in the context of the national plan on the prevention and elimination of child labour, including the number of children who have benefited from the measures established by the action plan. It also requests it to send a copy of the second national survey of child labour in its next report.

Article 2(1). 1. Scope of application. The Committee previously noted that the Labour Code does not apply to employment relationships that are not based on a contract, such as children working on a self-employed basis. However, it noted that children working in this type of employment are covered by the “Bridge Programme”, which forms part of the Government’s social protection scheme. According to the information provided by the Government, boys, girls and young persons from more than 5,700 families have benefited from this programme, in particular through their reintegration into the school system. The Government anticipated that the programme would cover more than 42,000 families in 2008.

The Committee notes the Government’s indication that further information on the impact of this programme will be sent as soon as possible. The Committee expresses the strong hope that information on the measures taken and the results achieved in the context of the “Bridge Programme”, indicating the number of children working in the informal sector who have been withdrawn from their work and reintegrated in the school system, will be sent in the very near future by the Government.

2. Minimum age for admission to employment or work. Children engaged in domestic work. In its previous comments the Committee noted that, under section 10 of Act No. 3654 of 1930 on compulsory primary education, persons who employ as domestic workers children who have not completed their compulsory schooling are obliged to enrol them in a school and facilitate their regular school attendance. It noted that this provision did not specify the minimum age for admission to employment in domestic work.

The Committee notes the Government’s indication that, in accordance with section 16 of the Labour Code, domestic work is not included in the exemptions from the prohibition on employment or work for children under 15 years of age who therefore cannot work as domestic workers.

Article 8. Artistic performances. In its previous comments the Committee noted that Act No. 20.189 of 15 May 2007, which amends the Labour Code with regard to the admission to employment of minors and the completion of compulsory schooling (hereinafter Act No. 20.189 of 15 May 2007), revises the provisions concerning the employment of persons under 18 years of age in artistic performances. As regards section 16 of the Labour Code, the Committee notes that, even though the family court may be mandated as the competent authority to grant permits for participation in artistic performances, the authorization of the young person’s legal representative, such as a parent, grandparent or guardian, is not sufficient to fulfil the requirements of the Convention.

The Committee notes the Government’s indication that, under section 13(2) and section 16 of the Labour Code, as amended by Act No. 20.189 of 15 May 2007, permits for participation in artistic performances may only be granted under the following conditions: (i) the work performed is light work which is not likely to harm the child’s health or development; (ii) the work performed is not such as to be detrimental to the child’s school attendance; (iii) the working time of children in school education may not exceed 30 hours per week; and (iv) in any case working time may not exceed eight hours per day. Nevertheless, the Committee observes that the Government’s report does not contain any information on the measures taken or contemplated to bring the legislation into conformity with the Convention with respect to the authority for issuing permits. The Committee again reminds the Government that, under Article 8(1) of the Convention, permits to participate in artistic performances have to be granted on an individual basis by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore urges the Government to take the necessary steps to ensure that permits for children under 15 years of age allowing them to be a party to a contract involving persons or entities related to the theatre, cinema, circus, radio, television or other similar activities, are granted only with the authorization of the competent authority after consultation with the organizations of employers and workers concerned, in accordance with Article 8(1) of the Convention.

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Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that a national plan for the prevention and elimination of child labour (2001–10) has been adopted. It also noted that, according to the study entitled “Work by children and young persons in figures: National survey and register of the worst forms” (hereinafter the national survey on child labour and young persons in figures), published by the ILO/IPEC in 2004, 3 per cent, or a total of 107,676 girls, boys and young persons, were engaged in unacceptable work in Chile. Of this number, 36,542 were aged between 5 and 11 years and 31,587 between 12 and 14 years.

The Committee duly notes the detailed information provided by the Government on the implementation of the national plan for the prevention and elimination of child labour. It notes, in particular, that a plan has been drawn up on the progress made (2006–10), which targets three specific groups: boys and girls under 15 years of age who have abandoned the school system to work or are at risk of doing so; boys, girls and young persons under 18 years of age involved in the worst forms of child labour; and young persons aged between 15 and 18 who are working. Within the framework of this plan on the progress made (2006–10), the development of national policies and social protection plans is envisaged. The Committee also notes that campaigns to raise the awareness of the population have been launched across the country. Furthermore, public servants, particularly those working for the Solidarity and Social Investment Fund (FOSIS), have been given training on the prevention and elimination of child labour. The Committee welcomes the measures taken by the Government to abolish child labour, which it regards as the assertion of its political commitment to developing strategies to combat this problem. It requests the Government to continue its efforts to eliminate child labour. In this regard, the Committee requests the Government to provide information on the measures to be taken in the context of the plan on the progress made (2006–10), in particular on the national policies and social protection plans which will be implemented to gradually abolish child labour. It requests the Government to provide information on the results achieved. The Committee also invites 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 and extracts from the reports of inspection services.

Article 2, paragraph 1. 1. Scope of application. The Committee previously noted that the Labour Code does not apply to employment relationships that are not based on a contract, such as children working on their own account. In its report, the Government indicates that children working in this type of employment are covered by the “Bridge Programme”, which forms part of the Government’s social protection scheme. According to information provided by the Government, boys, girls and young persons from more than 5,700 families have benefited from this programme, in particular through their reintegration into the school system. The Government anticipates that the programme will cover more than 42,000 families in 2008. Taking due note of this information, the Committee requests the Government to indicate the measures taken within the context of the “Bridge Programme” to afford the protection provided for by the Convention to the children of the 42,000 families who are engaged in an economic activity on their own account or in the informal economy. In this regard, it requests the Government to provide information on the number of children who have been removed from work and reintegrated into the school system.

2. Minimum age for admission to employment or work. Children engaged in domestic work. In its previous comments, the Committee noted that, under section 10 of Act No. 3654 of 1930 on compulsory primary education, persons who employ as domestic workers children who have not completed their compulsory schooling are obliged to enrol them in a school and facilitate their regular school attendance. The Committee noted that this provision does not specify the minimum age for admission to employment in domestic work. In its report, the Government indicates that, given that the national survey of 2004 indicates that children employed as domestic workers are engaged in child labour, the Minister of Justice will examine the possibility of incorporating this type of work in the national legislation. In this regard, the Committee notes that, according to this national survey on work by children and young persons in figures, around 42,000 children were engaged in domestic work in Chile. The Committee expresses the firm hope that the examination of this matter by the Minister of Justice will allow this type of work to be regulated, in particular by providing that no child under 15 years of age may be employed as a domestic worker. It requests the Government to take the necessary measures to that end and to provide information on any developments in this regard.

Article 3, paragraph 2. Determination of hazardous types of employment or work. Referring to its previous comments, the Committee notes with interest the adoption of Decree No. 50 of 17 August 2007 which approves the regulations implementing section 13 of the Labour Code, introduced by Act No. 20.189, and establishes a very detailed list of the types of hazardous work prohibited to persons under 18 years of age.

Article 6. Apprenticeship. The Committee previously noted that, under section 79 of the Labour Code, only workers under 21 years of age may be party to an apprenticeship contract. It noted that the Labour Code does not contain provisions establishing the minimum age to be party to an apprenticeship contract. The Committee notes with interest the Government’s indication that section 57 of Act No. 19.518 of 14 October 1997 issuing the statute on training and employment (hereinafter Act No. 19.518 of 14 October 1997), amended by Act No. 20.124 of 30 October 2006 which amends the statute on training and employment with regard to apprenticeship contracts (hereinafter Act No. 20.124 of 30 October 2006), provides that only persons over 15 years of age and under 25 years of age may be party to an apprenticeship contract.

Article 8. Artistic performances. In its previous comments, the Committee noted that section 16 of the Labour Code provides that, in specifically defined cases and with the authorization of a legal representative or the youth court judge, persons under 15 years of age may be party to a contract involving persons or entities related to the theatre, cinema, circus, radio, television or other similar activities. The Committee emphasized that, while the youth court judge may be mandated to grant permits as the competent authority, the authorization of the young person’s legal representative is not sufficient to fulfil the requirements of the Convention.

In its report, the Government indicates that Act No. 20.189 of 15 May 2007, which amends the Labour Code with regard to the admission to employment of minors and the completion of compulsory schooling (hereinafter Act No. 20.189 of 15 May 2007), revises the provisions concerning the employment of persons under 18 years of age in artistic performances. According to the Government, under section 13(2) of the Labour Code, amended by Act No. 20.189 of 15 May 2007, persons under 15 years of age who may be party to a contract involving persons or entities related to the theatre, cinema, circus, radio, television or other similar activities shall be engaged only in light work. The Government also indicates that, under section 13(4) of the Labour Code, amended by Act No. 20.189 of 15 May 2007, the labour inspector, who has given a minor authorization to work, shall provide the family court with the relevant information concerning the authorization so that it may revoke the authorization if it considers it inappropriate for the minor. Furthermore, section 16 of the Labour Code, amended by Act No. 20.189 of 15 May 2007, provides that, in specifically defined cases, in accordance with section 13(2) of the Labour Code, and with the authorization of a legal representative or the family court, persons under 15 years of age may be party to a contract involving persons or entities related to the theatre, cinema, circus, television or other similar activities.

The Committee notes that, under the new provisions of section 13(2) of the Labour Code, the labour inspector shall intervene only as a last resort to authorize a minor to work, i.e. if the child’s parents, grandparents or guardians are unable to do so. With regard to section 16 of the Labour Code, the Committee notes that the authorization to engage in artistic performances may be granted by a legal representative or by the family court. The Committee notes that, if the family court may be mandated as the competent authority to grant authorization to participate in an artistic performance, the authorization of the minor’s legal representative, such as the parents, grandparents or guardians, is not sufficient to fulfil the requirements of the Convention. In this regard, the Committee once again reminds the Government that, under Article 8, paragraph 1, of the Convention, permits to participate in artistic performances have to be granted on an individual basis by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to take the necessary measures to ensure that permits for children under 15 years of age allowing them to be a party to a contract involving persons or entities related to the theatre, cinema, circus, radio, television or other similar activities, as provided for by section 16 of the Labour Code, are granted only in accordance with the conditions set forth in Article 8, paragraph 1, of the Convention, i.e. with the authorization of the competent authority. Finally, it requests the Government to provide information on the conditions governing permits, particularly with regard to hours of work and conditions of employment or work, as well as the number and nature of the permits granted.

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Article 2 of the Convention. Minimum age for admission to employment or work. Possibility for a married 12-year-old girl to work. With reference to its previous comments, the Committee notes that Act No. 19947 of 17 May 2004 on civil marriage repeals the Act of 10 January 1884 on civil marriage and that, by virtue of section 5(2) of the new Act, minors under 16 years of age may not marry.

Article 3, paragraph 2. Determination of hazardous types of employment or work. In its previous comments, the Committee noted that section 14(1) of the Labour Code prohibits the engagement of minors under 18 years of age in hazardous types of work. It also noted that, with the exception of section 15(1) of the Labour Code, which provides that minors under 18 years of age may not work in nightclubs or other similar establishments or in premises where alcohol is consumed, the national legislation did not appear to determine hazardous types of work. In this respect, the Committee noted the study entitled “Work by children and young persons in figures: National survey and register of the worst forms”, published at the beginning of 2004, which classified hazardous types of work. It requested the Government to communicate the list of hazardous types of work determined once it had been finalized and to provide information on the consultations held with the employers’ and workers’ organizations concerned. The Committee notes the Government’s indications that a commission was established in 2005 by the Ministry of Labour and Social Insurance and the Directorate of Labour, with the participation of the ILO, with the objective of formulating a list of types of work considered to be hazardous for young persons. The Committee notes that, following the commission’s meetings, the Ministry of Labour and Social Insurance was requested to initiate a process for the amendment of section 14 of the Labour Code. The Committee hopes that the process of amending this provision of the Labour Code will be commenced in the near future and requests the Government to provide information on any new developments in this respect.

Part V of the report form. Application of the Convention in practice. The Committee noted previously that, according to the study entitled “Work by children and young persons in figures: National survey and register of the worst forms”, 3 per cent, or a total of 107,676 girls, boys and young persons, were engaged in unacceptable work in Chile. Of this number, 36,542 were aged between 5 and 11 years and 31,587 between 12 and 14 years. Moreover, over 25,000 children and young persons worked in the agricultural sector in the central and southern parts of the country. According to the study, 98 per cent of children attended basic school. The Committee expressed concern at the situation of children under 15 years of age who are compelled to work in Chile and requested the Government to continue providing statistics and information on the application of the Convention in practice. The Committee notes the information provided by the Government in its report relating to the statistical data from the national labour survey conducted in 2004. However, it notes, in the same way as the Government, that the statistics only relate to work in the formal economy and do not take into account persons working on their own account, unpaid family workers and occasional workers, which are the activities in which most children work. The Committee once again expresses great concern at the situation of children under 15 years of age who are compelled to work in Chile and requests the Government to provide statistics and information on the nature, extent and trends of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of contraventions reported, the penal sanctions imposed, etc. To the extent possible, the data provided should be disaggregated by sex and age.

In its previous direct request, the Committee noted the Government’s indication that, in order to reply to the questions raised by the Committee, it would have to either consult other national public and private bodies and institutions or undertake research to find the relevant information. In view of the lack of economic and human resources, it had not been possible for the Government to reply to the questions raised by the Committee. The Committee therefore reiterated its previous comments. The Committee notes that, with the exception of the matters referred to above, the Government does not provide any information in its report. It is therefore bound to repeat its comments and urges the Government to provide information in its next report.

Article 1. National policy. The Committee notes with interest that, in the context of the National Policy for Children (2001-10), the National Committee on the Elimination of Child Labour and the Protection of Working Minors adopted a plan for the prevention and progressive elimination of work by children and young persons in Chile. It notes that the objectives of the plan are to: raise public awareness of the problem of child labour; collect information on child labour; amend the national legislation and draw up a national plan for monitoring child labour; develop a profile of the boys, girls and young persons used in the worst forms of child labour; and implement the plan. The Committee requests the Government to provide information on the implementation of the plan for the prevention and progressive elimination of work by children and young persons in Chile and on the results obtained with regard to the elimination of child labour.

Article 2, paragraph 1. 1. Scope of application. Under the terms of section 1, the Labour Code and its subsidiary legislation apply to labour relations between employers and workers. The Committee notes that, by virtue of this provision, the national legislation governing labour rights does not apply to employment relationships that are not based on 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 therefore requests the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children exercising an economic activity on their own account.

2. Minimum age for admission to employment or work. Domestic work. The Committee also notes that, under section 10 of Act No. 3654 of 1930 on compulsory primary education, persons who employ as domestic workers children who have not completed their compulsory schooling are obliged to enrol them in a school and facilitate their regular school attendance. The Committee notes that this provision does not specify the minimum age for admission to employment in domestic work. In view of the fact that the Government specified 15 years as the minimum age for admission to employment or work when ratifying the Convention, and has not excluded from the scope of the Convention certain categories of employment or work, under the terms of Article 4, the Committee requests it to take the necessary measures to ensure that the national legislation provides that no person under 15 years of age shall be employed as a domestic worker.

Article 6. Apprenticeship. The Committee notes that apprenticeship contracts are regulated by sections 78-87 of the Labour Code. Under section 79 of the Labour Code, only workers under 21 years of age may be parties to an apprenticeship contract. While noting the information provided by the Government in its report, to the effect that the national legislation does not authorize work by persons under 14 years of age in enterprises, the Committee notes that the Labour Code does not contain provisions establishing the minimum age to be party to an apprenticeship contract. It reminds the Government that Article 6 of the Convention permits work done by persons of at least 14 years of age in enterprises in the context of an apprenticeship programme. The Committee therefore requests the Government to indicate whether the national legislation contains provisions establishing a minimum age to be party to an apprenticeship contract. It also requests the Government to provide information on apprenticeship programmes in practice.

Article 8. Artistic performances. The Committee notes that, under section 15(2) of the Labour Code, minors may participate in artistic performances with the authorization of their legal representative and the youth court judge. However, it notes that section 16 of the Labour Code provides that, in specifically defined cases and with the authorization of a legal representative or the youth court judge, persons under 15 years of age may be parties to a contract involving persons or entities related to the theatre, cinema, circus, radio, television or other similar activities. The Committee reminds the Government that, in accordance with Article 8, paragraph 1, of the Convention, permits to participate in artistic performances have to be granted on an individual basis by the competent authority, after consultation with the organizations of employers and workers concerned. Consequently, while the youth court judge may be mandated to grant permits as the competent authority, the authorization of the young person’s legal representative is not sufficient to fulfil the requirements of the Convention. The Committee therefore requests the Government to provide information on any measures adopted or envisaged to ensure that permits to be party to a contract involving persons or entities related to the theatre, cinema, circus, radio, television or other similar activities, as provided for in section 16 of the Labour Code, are granted in conformity with the conditions set forth in Article 8, paragraph 1, of the Convention. It also requests the Government to provide information on the procedures for issuing permits and the conditions governing permits, particularly with regard to hours of work and conditions of employment or work, as well as the number and nature of the permits granted.

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Article 1 of the Convention. National policy. The Committee notes with interest that, in the context of the National Policy for Children (2001-2010), the National Committee on the Elimination of Child Labour and the Protection of Working Minors adopted a "Plan for the prevention and gradual elimination of child and adolescent labour in Chile". It notes that the objectives of the plan are to: raise public awareness of the problem of child labour; collect information on child labour; amend national legislation and draw up a national plan for monitoring child labour; draw up a profile of the boys, girls and adolescents used in the worst forms of child labour; and implement the plan. The Committee requests the Government to provide information on the implementation of the "Plan for the prevention and gradual elimination of child and adolescent labour in Chile", and on the results obtained with regard to the elimination of child labour.

Article 3, paragraph 2. Determination of types of hazardous employment or work. In its previous comments, the Committee noted that section 14(1) of the Labour Code provides that minors under 18 years of age may not be admitted to work requiring excessive strength or to any activity which is likely to endanger their health, safety or morals. It also noted that, with the exception of section 15(1) of the Labour Code stating that minors under 18 years of age may not work in night clubs or other similar establishments or in premises where alcohol is consumed, the national legislation does not appear to determine hazardous work. The Committee notes the information provided by the Government in its report under Convention No. 182. It notes in particular that between March 2002 and January 2004 the Ministry of Labour and Social Welfare, in collaboration with ILO/IPEC, carried out a project entitled "National survey of child and adolescent labour and identification of the cases of the worst forms of child labour". In this regard, the Committee notes the study entitled "Child and adolescent labour in figures - National survey and register of the worst forms", published at the beginning of 2004. The Committee notes that the study classifies hazardous work as follows: work which is hazardous by nature, namely work in mines or quarries or underground work, work on the open sea, work at heights above 2 metres, work in cold storage rooms, work in foundries, and work which is hazardous because of the circumstances in which it is performed, namely work involving excessively long working days (more than eight hours), night work, work where there is an absence of health and safety measures and work which prevents school attendance. The Committee requests the Government to communicate the list of types of hazardous work which have been determined, once it has been finalized. It also requests the Government to provide information on the consultations held with the employers’ and workers’ organizations concerned.

Part V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee notes that, according to the study entitled "Child and adolescent labour in figures - National survey and register of the worst forms", 3 per cent - a total of 107,676 girls, boys and adolescents - are engaged in unacceptable work. Of this total, 36,542 are between 5 and 11 years of age and 31,587 are between 12 and 14 years of age. More than 25,000 children and adolescents are working in the agricultural sector, in the central and southern parts of the country. According to the study, 98 per cent of children are in basic education. The Committee also notes the statistics provided by the Government. The Committee is concerned by the situation of children less than 15 years of age who are compelled to work in Chile. It requests the Government to continue to provide statistics and information on the nature, extent and trends of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of contraventions reported, penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex and age.

The Government indicates that it noted the comments made by the Committee in its previous direct request. However, the Government indicates that, in order to reply to the questions raised by the Committee, it must either consult other national, public and private bodies and institutions or undertake research to find information. However, inasmuch as there is a lack of economic and human resources, it has not been possible to respond to the direct request. The Committee notes the information communicated by the Government and can only repeat its previous comments on the following points.

Article 2, paragraph 1. 1. Scope of application. Under the terms of section 1, the Labour Code and its subsidiary legislation apply to labour relations between employers and workers. The Committee notes that by virtue of this provision the national legislation governing labour rights does not apply to employment relationships which are not based on 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 therefore requests the Government to provide information on the manner in which the protection envisaged by the Convention is ensured for children exercising an economic activity on their own account.

2. Minimum age for admission to employment or work. (i) Possibility for a married 12-year-old girl to work. The Committee notes that section 13(2) of the Labour Code provides that, with the authorization of certain persons, young persons between 16 and 18 years of age may be parties to a labour contract. Section 13(6) lays down that the provisions of subsection 2 concerning the minimum age for admission to employment or work shall not apply to married women, whose situation is governed by section 150 of the Civil Code. Under section 150(1) of the Civil Code, a married woman may freely exercise an occupation irrespective of her age. Under the legislation governing marriage, a man over 14 years of age and a women over 12 years of age may marry, with the authorization of certain persons if they are under 18 years of age (section 4 of the Act concerning civil marriage of 1884 and sections 26 and 106 of the Civil Code). The Committee notes that a joint reading of these provisions shows that a woman over 12 years of age could marry and work. It reminds the Government that the Convention does not envisage any exception to the minimum age for admission to employment or work, namely 15 years in the case of Chile, by reason of the marital status of young persons, whether they are girls or boys. It therefore once again requests the Government to provide information on this subject and on the measures adopted or envisaged to ensure that the provisions concerning the minimum age for admission to employment or work set out in the Labour Code also apply to married women between 12 and 15 years of age. Furthermore, the Committee requests the Government to provide information on the situation of married men between 14 and 15 years of age.

(ii) Domestic work. The Committee also notes that, under section 10 of Act No. 3654 of 1930 concerning compulsory primary education, persons who employ as domestic workers children who have not completed their compulsory schooling are obliged to enrol them in a school and facilitate their regular school attendance. The Committee notes that this provision does not specify the minimum age for admission to employment in domestic work. In view of the fact that the Government specified 15 years as the minimum age for admission to employment or work when ratifying the Convention, and has not excluded from the scope of the Convention certain categories of employment or work, in accordance with Article 4, the Committee requests it to take the necessary measures to ensure that the national legislation provides that no person under 15 years of age shall be employed as a domestic worker.

Article 2, paragraph 2. Raising the minimum age for admission to employment or work. The Committee notes that section 13(2) of the Labour Code, as amended by Act No. 19.684 of 20 June 2000, provides that young persons between 16 and 18 years of age may be parties to a contract of employment with the authorization of certain persons. The Committee notes with interest that this amendment raised the minimum age for admission to employment or work set out in the national legislation from 15 to 16 years. The Committee reminds the Government that, under Article 2, paragraph 2, of the Convention, it may inform the Director-General by a further declaration that it is raising the minimum age previously specified.

Article 6. Apprenticeship. The Committee notes that apprenticeship contracts are regulated by sections 78-87 of the Labour Code. Under section 79 of the Labour Code, only workers under 21 years of age may be parties to an apprenticeship contract. While noting the information provided by the Government in its report to the effect that the national legislation does not authorize work by persons under 14 years of age in enterprises, the Committee notes that the Labour Code does not contain provisions establishing the minimum age to be party to an apprenticeship contract. It reminds the Government that Article 6 of the Convention permits work done by persons of at least 14 years of age in enterprises in the context of an apprenticeship programme. The Committee therefore requests the Government to indicate whether the national legislation contains provisions establishing a minimum age to be party to an apprenticeship contract. It also requests the Government to provide information on apprenticeship programmes in practice.

Article 7. Determination of light work. The Committee notes that, under section 13(3) of the Labour Code, young persons of 15 and 16 years of age may, with the authorization of certain persons, perform light work, on condition that: (a) they have completed their compulsory schooling; and (b) the work is not prejudicial to their health and development and does not interfere with their school attendance or their participation in an educational programme. The Committee requests the Government to indicate the activities in which employment or work could be authorized and to provide information on the applicable conditions of work, particularly with regard to the hours of work and conditions of employment or work, in accordance with Article 7, paragraph 3, of the Convention.

Article 8. Artistic performances. The Committee notes that, under section 15(2) of the Labour Code, young persons may participate in artistic performances with the authorization of their legal representative and the youth court judge. However, it notes that section 16 of the Labour Code provides that, in specifically defined cases and with the authorization of a legal representative or the youth court judge, persons under 15 years of age may be parties to a contract involving persons or entities related to the theatre, cinema, circus, radio, television or other similar activities. The Committee reminds the Government that, in accordance with Article 8, paragraph 1, of the Convention, permits to participate in artistic performances have to be granted on an individual basis by the competent authority, after consultation with the organizations of employers and workers concerned. Consequently, while the youth court judge may be mandated to grant permits as the competent authority, the authorization of the young person’s legal representative is not sufficient to fulfil the requirements of the Convention. The Committee therefore requests the Government to provide information on any measures adopted or envisaged to ensure that permits to be party to a contract involving persons or entities related to the theatre, cinema, circus, radio, television or other similar activities, as provided for in section 16 of the Labour Code, are granted in conformity with the conditions set forth in Article 8, paragraph 1, of the Convention. It also requests the Government to provide information on the procedures relating to permits and the conditions to which permits are subjected, particularly with regard to hours of work and conditions of employment or work, as well as on the number and nature of the permits granted.

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The Committee notes with interest the Government’s first report.

Article 2, paragraph 1, of the Convention. 1. Scope of application. Under the terms of section 1, the Labour Code and its subsidiary legislation applies to labour relations between employers and workers. The Committee notes that by virtue of this provision the national legislation governing labour rights does not apply to employment relationships which are not based on 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 therefore requests the Government to provide information on the manner in which the protection envisaged by the Convention is ensured for children exercising an economic activity on their own account.

2. Minimum age for admission to employment or work. The Committee notes that section 13(2) of the Labour Code provides that, with the authorization of certain persons, young persons between the age of 16 and 18 years may be parties to a labour contract. Section 13(6) lays down that the provisions of subsection 2 respecting the minimum age for admission to employment or work shall not apply to married women, whose situation is governed by section 150 of the Civil Code. Under the terms of subsection 1 of section 150 of the Civil Code, a married woman may freely exercise an occupation irrespective of her age. In accordance with the legislation governing marriage, a man over 14 years of age and a women over 12 years of age may marry, with the authorization of certain persons where they are under 18 years old (section 4 of the Act respecting civil marriage of 1884 and sections 26 and 106 of the Civil Code). The Committee notes that a joint reading of these provisions shows that a woman over 12 years of age could marry and work. It reminds the Government that the Convention does not envisage any exception to the minimum age for admission to employment or work, namely 15 years in the case of Chile, by reason of the marital status of young persons, whether they are girls or boys. It therefore requests the Government to provide information on this subject and on the measures adopted or envisaged to ensure that the provisions respecting the minimum age for admission to employment or work set out in the Labour Code also apply to married women between the ages of 12 and 15 years. Furthermore, the Committee requests the Government to provide information on the situation of married men aged between 14 and 15 years.

The Committee also notes that, by virtue of section 10 of Act No. 3654 of 1930, respecting compulsory primary education, persons who employ as domestic workers children who have not completed their compulsory schooling are compelled to enrol them in a school and facilitate their regular school attendance. The Committee notes that this provision does not specify the minimum age for admission to employment in domestic work. In view of the fact that the Government specified 15 years as the minimum age for admission to employment or work when ratifying the Convention, and has not excluded from the scope of the Convention certain categories of employment or work, in accordance with Article 4, the Committee requests it to take the necessary measures to ensure that the national legislation provides that no person under 15 years of age shall be employed as a domestic worker.

Article 2, paragraph 2. The Committee notes that section 13(2) of the Labour Code, as amended by Act No. 19.684 of 20 June 2000, provides that young persons between 16 and 18 years of age may be parties to a contract of employment with the authorization of certain persons. The Committee notes with interest that this amendment raised the minimum age for admission to employment or work set out in the national legislation from 15 to 16 years. The Committee reminds the Government that, under the terms of Article 2, paragraph 2, of the Convention, it may by a further declaration inform the Director-General that it is raising the minimum age previously specified.

Article 3, paragraph 2. The Committee notes that section 14(1) of the Labour Code provides that young persons under 18 years of age may not be admitted to work requiring excessive strength or to an activity liable to be hazardous to their health, safety or morals. It also notes that, with the exception of section 15(1) of the Labour Code, which provides that young persons under 18 years of age may not work in taverns or other establishments of this type or in places where alcohol is consumed, the national legislation does not appear to determine types of work which are hazardous. The Committee reminds the Government that Article 3, paragraph 2, of the Convention provides that hazardous types of work shall be determined by national laws or regulations, after consultation with the organizations of employers and workers concerned. It therefore requests the Government to take the necessary measures to determine in the national legislation the types of employment or work which are likely to jeopardize the health, safety or morals of young persons under 18 years of age. It also requests the Government to provide information on the consultations held with the organizations of employers and workers concerned.

Article 6. The Committee notes that apprenticeship contracts are regulated by sections 78 to 87 of the Labour Code. Under the terms of section 79 of the Labour Code, only workers under 21 years of age may be parties to an apprenticeship contract. While noting the information provided by the Government in its report to the effect that the national legislation does not authorize work by persons under 14 years of age in enterprises, the Committee notes that the Labour Code does not contain provisions establishing the minimum age to be party to an apprenticeship contract. It reminds the Government that Article 6 of the Convention permits work done by persons of at least 14 years of age in enterprises in the context of an apprenticeship programme. The Committee therefore requests the Government to indicate whether the national legislation contains provisions establishing a minimum age to be party to an apprenticeship contract. It also requests the Government to provide information on apprenticeship programmes in practice.

Article 7. The Committee notes that, by virtue of section 13(3) of the Labour Code, young persons of 15 and 16 years of age may, with the authorization of certain persons, perform light work, on condition that: (a) they have completed their compulsory schooling; and (b) the work is not prejudicial to their health and development and does not interfere with their school attendance or their participation in an educational programme. The Committee requests the Government to indicate the activities in which employment or work could be authorized and to provide information on the applicable conditions of work, particularly with regard to the hours of work and conditions of employment or work, in accordance with Article 7, paragraph 3, of the Convention.

Article 8. The Committee notes that under section 15(2) of the Labour Code, young persons may participate in artistic performances with the authorization of their legal representative and the youth court judge. However, it notes that section 16 of the Labour Code provides that, in specifically defined cases and with the authorization of a legal representative or the youth court judge, persons under 15 years of age may be parties to a contract involving persons or entities related to the theatre, cinema, circus, radio, television or other similar activities. The Committee reminds the Government that, in accordance with Article 8, paragraph 1, of the Convention, permits to participate in artistic performances have to be granted on an individual basis by the competent authority, after consultation with the organizations of employers and workers concerned. Consequently, while the youth court judge may be mandated to grant permits as the competent authority, the authorization of the young person’s legal representative is not sufficient to fulfil the requirements of the Convention. The Committee therefore requests the Government to provide information on any measures adopted or envisaged to ensure that permits to be party to a contract involving persons or entities related to the theatre, cinema, circus, radio, television or other similar activities, as envisaged in section 16 of the Labour Code, are granted in conformity with the conditions set forth in Article 8, paragraph 1, of the Convention. It also requests the Government to provide information on the procedures relating to permits and the conditions to which permits are subjected, particularly with regard to hours of work and conditions of employment or work, as well as on the number and nature of the permits granted.

Part V of the report form. The Committee notes the statistics provided by the Government in its report. It also notes the concern expressed by the Committee on the Rights of the Child in its Concluding Observations on the Government’s second periodic report at the large number of children, including those under 15, who are exploited economically, especially in the farming sector, and the large number who have to leave school because they cannot reconcile work and school (CRC/C/15/add.173, April 2002, paragraph 49). 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, particularly in the agricultural sector, extracts from the reports of inspection services and information on the number and nature of the contraventions reported. It also requests the Government to provide information on education, and particularly to provide statistics on school attendance and drop-out rates.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.