Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Minimum Age Convention, 1973 (No. 138) - Seychelles (Ratification: 2000)

Other comments on C138

Observation

2020

Direct Request

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Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, types of hazardous work. In its previous comments, the Committee expressed the hope that a draft Bill revising the Conditions of Employment Regulations with a view to prohibiting the employment of children under 18 years in work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals, would be adopted in the near future.

The Committee notes the Government’s indication that the draft Bill is expected to be adopted in 2014. In addition, the Committee notes that a tripartite workshop was conducted in August 2013 in the Seychelles in the framework of the technical assistance programme (SPA). It notes with interest that this technical assistance resulted in the drafting of a zero draft list of hazardous types of work for children under 18 years of age. This list includes such types of work as the handling or exposure to any harmful chemicals or substances; building, demolition and removal of debris; handling animal waste or sewage; working in landfills and garbage trucks; working underwater; working in confined spaces; transportation and handling of dangerous goods and packages; taking care of patients in medical establishments; and working as a petrol station attendant. In this regard, the Committee notes the indication contained in the mission report of the tripartite workshop conducted in the framework of the SPA, according to which the Ministry of Labour and Human Resource Development wished to formalize this list by November 2013. The Committee requests the Government to take the necessary measures to ensure that the draft Bill revising the Conditions of Employment Regulations and the draft list of hazardous types of work are adopted in the very near future, and requests the Government to provide copies once they are adopted.

Article 3(3). Hazardous work as from 16 years. The Committee previously noted that, according to section 22(4) of the Conditions of Employment Regulations, the competent officer may, exceptionally, grant special written permission for the employment of children aged 15–17 years in a place listed in subsections (1) and (2) of section 22. The Committee noted the Government’s statement that the draft Bill revising the Conditions of Employment Regulations contained provisions which would authorize only children of 16 years and above to take up hazardous work on condition that the health, safety and morals of such children were protected and that they received adequate specific instruction or vocational training in the relevant branch of activity. The Committee once again expresses the firm hope that the draft Bill containing the above provisions will be adopted in the very near future, so as to bring the national legislation into conformity with Article 3(3) of the Convention. It also once again requests the Government to provide a copy, once it has been adopted.

Article 7(1) and (3). Minimum age for light work and determination of light work activities. Following its previous comments, the Committee notes the Government’s indication that the current proposals for amendments to the Conditions of Employment Regulations include a provision permitting the employment or work of children aged 13–15 years in light work. The Committee recalls that, by virtue of Article 7(3) of the Convention, the competent authority shall determine the activities in which employment or work may be permitted for children 13–15 years of age. In addition, the number of hours during which, and the conditions in which, light work activities may be undertaken must be prescribed. The Committee requests the Government to take the necessary measures to ensure that the draft Bill containing provisions permitting the employment of children between 13 and 15 years of age in light work is adopted in the near future. It also requests the Government to ensure that this draft Bill contains provisions regulating light work in conformity with Article 7(3) of the Convention.