Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(1) and (3) of the Convention. Minimum age for admission to employment and age of completion of compulsory schooling. In its previous comments, the Committee drew the Government's attention to the fact that the provisions of the national legislation respecting the minimum age for admission to employment or work were not in conformity with the age specified by the Government when ratifying the Convention. Indeed, although the Government had specified the minimum age of 16 years when ratifying the Convention, section E3 of the Labour Code provides that no child shall be employed or shall work in a public or private agricultural or industrial undertaking or in any branch thereof, or on any ship, while the term “child”, by virtue of section E2 of the Labour Code, means a person under the age of 14 years. The Committee had noted on several occasions that amendments to the Labour Code were under examination with a view to bringing the minimum age for admission to employment or work into conformity with the minimum age specified when ratifying the Convention and with the compulsory school-leaving age which, under section 43(1) of the Education Act of 1973, is 16 years of age. The Committee notes in the Government latest report that a draft of the Labour Code is being circulated, where section E2 of the Labour Code has been amended to fall in line with the minimum age as specified upon ratification. Observing that the Convention was ratified by Antigua and Barbuda more than 25 years ago, the Committee urges the Government to take the necessary measures to ensure the adoption of the draft Labour Code, whose section E2 has been amended to define a child as a person under the age of 16, which would bring the minimum age for admission to employment or work in the national legislation in conformity with the minimum age specified upon ratification. It requests the Government to provide a copy thereof once it has been adopted.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of these types of work. The Committee notes from the Government’s current report that consultations were held with the unions and employer’s federation regarding the activities and occupations to be prohibited to persons below 18 years. The Committee notes that though a recommendation was made, it was not taken before the National Labour Board, as it is the Government’s aim to revamp the occupational health and safety legislation. The Committee reminds the Government that Article 3(1) of the Convention provides that the minimum age for admission to any type of employment or work, which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. It also reminds the Government that, under the terms of Article 3(2) of the Convention, the types of hazardous 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. The Committee requests the Government to provide information regarding the progress made towards amending the occupational health and safety legislation, which would contain a list of activities and occupations to be prohibited to persons below 18 years of age, in accordance with Article 3(1) and (2) of the Convention. It also requests the Government to provide a copy of the amendments to the occupational health and safety legislation once they have been adopted.

Article 4(2). Exclusion of limited categories of employment or work. The Committee had previously noted that section E3 of the Labour Code provides that the prohibition upon the employment or work of children, that is persons under the age of 14 years (section E2), does not apply to any undertaking or ship on which only members of the same family are employed, to members of a recognized youth organization who are engaged collectively in such employment for the purposes of fund raising for such an organization, nor to a child who is working together with adult members of his/her family on the same work and at the same time and place. Noting that the Government’s report does not contain any information on this subject, the Committee urges the Government to indicate in future reports any changes in law and practice in respect of these excluded categories.

The Committee invites the Government to consider seeking technical assistance from the ILO.

[The Government is asked to reply in detail to the present comments in 2011.]