Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Age Convention, 1973 (No. 138) - Saint Vincent and the Grenadines (Ratification: 2006)

Other comments on C138

Observation

2023

Direct Request

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Article 2(1) of the Convention. Scope of application. The Committee had previously noted that section 7(2) of the Employment of Women, Young Persons and Children Act of 1938 as amended (EWYPC Act), exempts work in an industrial undertaking or ship in which only members of the same family are employed. Noting the absence of information in the Government’s report and recalling that the Convention applies to all types of work or employment, the Committee once again requests the Government to take the necessary measures to ensure that the protection afforded by the Convention is applicable to children working in all sectors, including family undertakings.

Article 2(3). Compulsory education. The Committee had previously noted that according to Part III of the Education Act of 2006, education shall be free and compulsory for all children from the age of 5 to 16 years which is higher than the minimum age for admission to employment (14 years). It had also noted the Government’s statement that, it has been considering revising and raising the minimum age to employment or work as a measure to providing universal access to secondary education for all children of school age.

The Committee notes the Government’s indication that it will take the necessary steps to address the contradiction between the minimum age for admission to employment and the age of completion of compulsory education. The Committee expresses the firm hope that the Government will take, without delay, the necessary measures to raise the minimum age for employment or work to 16 in order to link it with the age of completion of compulsory schooling in conformity with Article 2(3) of the Convention. In this regard, the Committee draws the Government’s attention to the provisions of paragraph 2 of Article 2 of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee requests the Government to provide information on any progress made in this regard.

Article 3(1). Minimum age for admission to hazardous work. The Committee had previously observed that the EWYPC Act does not contain a general prohibition on the employment of children below 18 years in hazardous work apart from the prohibition on night work under section 3(2) of the EWYPC Act. It had also noted that according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.18, 10 October 2001; paragraph 41), in the EWYPC Act which indicated that there are is no specific provision for a higher age limit for employment which, by its nature and the circumstances in which it is carried out, is dangerous to the life, health or morals of the persons employed therein and therefore the minimum age for admission to hazardous employment remained 14 years.

The Committee notes the absence of information in the Government’s report on this point. The Committee once again reminds the Government that, by virtue of Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which by its nature or circumstances in which it is carried out, is likely to harm the health, safety or morals of young persons shall not be less than 18 years. The Committee therefore urges the Government to take the necessary measures, without delay, to bring the legislation into conformity with the Convention. It requests the Government to provide information on any measures taken in this regard.

Article 3(2). Determination of hazardous work. The Committee had previously noted that, according to section 6 of the EWYPC Act, the Governor-General may make regulations in respect of the health, welfare and safety of women, young persons and children in any industrial undertaking.

The Committee notes the absence of information in the Government’s report with regard to any such regulations issued. The Committee once again reminds the Government that, under the terms of Article 3(2) of the Convention, the types of hazardous employment or work prohibited to young persons under 18 years 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 take the necessary measures to determine the types of work to be considered as hazardous and which are to be prohibited for children under 18 years of age. It also asks the Government to provide information on consultations held on this matter with the social partners.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee had previously reminded the Government that Article 3(3) of the Convention authorizes, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18 years in hazardous work. It had also recalled that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing hazardous types of work, and does not constitute an overall authorization to undertake hazardous work from the age of 16 years. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3(3) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee had previously noted that section 3(1) of the EWYPC Act provides for exemptions to work done by children of not less than 14 years of age in recognized schools provided such work is approved and supervised by a public authority. Noting that the Government has not provided any information to its previous comments, the Committee once again requests the Government to indicate whether there exist any provisions regulating apprenticeship programmes, and if so to indicate the minimum age for entry into apprenticeship, the types of trade in which an apprenticeship may be undertaken, and the conditions under which an apprenticeship may be undertaken and performed.

Part V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government in its report under the Labour Inspection Convention, 1947 (No. 81), that a labour market information system was officially launched in April 2011. It also notes the Government’s information that there was an increase in the number of inspections carried out in 2010 by 21 per cent. The Committee requests the Government to provide information on the number and nature of contraventions detected by the labour inspectors with regard to the employment of children below the minimum age as well as in hazardous work, and on the penalties imposed.