Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Minimum Age Convention, 1973 (No. 138) - Jamaica (Ratification: 2003)

Other comments on C138

Observation

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Article 3(2) of the Convention. Determination of hazardous work. The Committee previously noted that a draft list of types of hazardous employment or work prohibited for persons below 18 years of age had been developed in consultation with the social partners. The Committee noted that this draft list contained 45 types of prohibited work. It also noted that the list of hazardous work would be included in the regulations of the new Occupational Safety and Health Act (OSH Act), when adopted.

The Committee notes the Government’s indication that, pending adoption of the new OSH Act, improvements to the existing list have been made to make it more comprehensive. The Government indicates that the list will be provided as soon as it is available. Noting with regret that the Government has been compiling this list since 2006, the Committee urges the Government to take the necessary measures to ensure that the list of types of hazardous work prohibited for persons under 18 years of age is adopted and included in the regulations of the OSH Act in the near future. It requests the Government to provide a final copy of the list, once adopted.

Article 7(3). Determination of light work. The Committee previously noted that section 34(1) and (2) of the Child Care and Protection Act permits the employment of a child between 13 and 15 years in an occupation included in a list of prescribed occupations, consisting of light work considered appropriate by the minister, and specifying the number of hours during which and the conditions under which such a child may be so employed. In this regard, the Government indicated that a draft list of occupations constituting light work was being examined by a panel consisting of safety inspectors, workers’ and employers’ representatives and would be included in the regulations of the new OSH Act. Noting the Government’s indication that the list will be submitted as soon as it is available, the Committee urges the Government to take the necessary measures to ensure that the OSH Act, and its regulations containing the list of light work permitted for children, are adopted in the very near future.

Article 9(1). Penalties and the labour inspectorate. The Committee previously noted that labour inspections are confined to the formal sector, and that labour inspectors have yet to detect any cases of child labour in the course of inspections. In this regard, the Committee noted the information from ILO–IPEC that the informal sector was one of the main sectors in which child labour occurs. However, the Committee noted the Government’s indication that the draft OSH Act would replace the Factories Act and provide an improved framework for labour inspectors with regard to monitoring cases of child labour in sectors where they hitherto had limited powers, including the informal sector. The Government also indicated that the penalties under the draft OSH Act had been increased. The Committee noted that the new OSH Act would authorize labour inspectors to enforce the appropriate sanctions where a breach had been committed. The Committee noted however that labour officers’ powers of inspection are limited to commercial buildings and factories, which greatly restricts their capacity to monitor child labour in the informal economy.

The Committee notes the information in the Government’s report that, in the framework of the adoption of the new OSH Act, capacity-building workshops have been conducted for labour inspectors in order to provide an update on their new roles and responsibilities under the new Act. The Government indicates that it is now more than likely that the number of inspectors will be increased in response to the expected increase of inspections of workplaces. The Committee urges the Government to ensure the adoption of the provisions of the draft OSH Act which will enable labour inspectors to enforce appropriate sanctions. The Committee also requests the Government to redouble its efforts to ensure that adequate penalties are imposed for breach of the provisions giving effect to the Convention. It further requests the Government to continue to intensify its efforts to strengthen the capacity and expand the reach of the labour inspectorate, including through the allocation of additional resources, in preparation for the labour inspectorate’s expanded role, pursuant to the draft OSH Act, in monitoring child labour in the informal economy.

Article 9(3). Registers of employment. The Committee previously noted that the available texts of legislation did not contain provisions requiring an employer to keep registers and documents of persons employed or working under him/her. However, it noted the Government’s statement that the legal framework on this issue was being examined by the Ministry.

The Committee notes the Government’s indication that the Child Care and Protection Act (CCPA) is being reviewed and will include provisions prescribing employers to keep records of children employed for artistic performances. It will also require from a person employing a child to notify and provide the Child Labour Unit of the Ministry of Labour and Social Security with relevant details in order to receive the grant of an exemption permit. The Committee recalls that, by virtue of Article 9(3) of the Convention, legislative provisions shall prescribe the registers which shall be kept and made available by the employer and which must contain the names and ages or dates of birth duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, covering all sectors and activities, not only artistic performances. The Committee therefore requests the Government to take the necessary measures in the near future to ensure that the CCPA is amended to include provisions prescribing registers to be kept by employers hiring children under 18, in accordance with Article 9(3) of the Convention.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that the process of the development of a National Survey on Child Labour will start at the end of 2015–early 2016. The Government indicates that several quick and unscientific assessments (dipstick surveys) were conducted in parts of the country considered as “hotspots”, revealing notably that most of the working children are involved in domestic work (93 per cent) followed by agriculture and street/market activities. The Committee also notes that, according to the Multiple Indicator Cluster Survey conducted in 2011, 16.7 per cent of boys and 13.8 per cent of girls aged 5 to 11 years old were involved in child labour, as well as 11.6 per cent of boys and 9.7 per cent of girls aged 12 to 14. The Committee requests the Government to pursue its efforts to combat child labour, and to provide information on the measures taken in this regard. The Committee also requests the Government to continue its efforts to undertake a child labour survey, to ensure that sufficient up-to-date data on the situation of working children in Jamaica is available, including, for example, data on the number of children and young persons who are engaged in economic activities and statistics relating to the nature, scope and trends of their work.

The Committee expresses the firm hope that the Government will take into consideration the Committee’s comments while finalizing its draft legislation. The Committee invites the Government to consider availing technical assistance from the ILO to bring its legislation into conformity with the Convention.