Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Other comments on C138

Observation

Direct Request

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Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted that, pursuant to sections 3(2) and 53 of the Labour Code, several categories of workers were excluded from the scope of application of the Labour Code, such as self-employed workers, casual workers, household servants and some agricultural workers, in addition to young persons working with their family under the supervision of the head of the family. The Committee had also noted the Government’s statement that the exclusions in the Labour Code would be addressed in the forthcoming amendments to the Labour Code. It further noted that according to section 5 of Ministerial Order No. 11 of 2013, the minimum age for entering employment, which is free of any hazards, may not be lower than the age of completion of compulsory education and may not be lesser than 14 years in any case. However, the Committee noted that Ministerial Order No. 11 did not appear to repeal the provisions of the Labour Code but rather makes only a reference to it. Noting the absence of any information in the Government’s report on this matter, the Committee once again requests the Government to indicate whether the minimum age provisions under Ministerial Order No. 11 still maintain the exceptions indicated under sections 3(2) and 53 of the Labour Code. It also requests the Government to indicate any measures taken to address the exclusions laid down under sections 3(2) and 53 of the Labour Code with regard to the application of the minimum age provisions.

Article 3(1). Minimum age for admission to hazardous work. The Committee previously noted the contradiction on the minimum age for hazardous work provided under sections 2 and 49(4) of the Labour Code Act No. 5 of 1995 which prohibits the employment of young persons under 15 years of age in hazardous work and section 10 of Ministerial Order No. 11 according to which, children aged between 14 and 18 years may perform light work, provided that such work shall not jeopardize their mental and physical health and shall not affect their attending school on a regular basis. The Committee further noted that Ministerial Order No. 11 does not appear to repeal section 49(4) of the Labour Code. Noting the absence of information in the Government’s report, the Committee once again urges the Government to take the necessary measures to amend the provisions of the Labour Code so as to ensure that no child under the age of 18 years shall be permitted to work in hazardous work. It requests the Government to provide information on developments made in this regard.

Article 9(1). Penalties. In its previous comments, the Committee had noted the Government’s information that the regulations on penalties for persons who violate the provisions of the Labour Code were promulgated and that sections 28–41 thereof specify the penalties to which employers are liable upon violation of the provisions relating to child labour. It had observed that Ministerial Order No. 11 does not contain provisions on penalties for persons who violate the provisions related to child labour. The Committee requests that the Government take the necessary measures to adopt provisions establishing appropriate penalties for the breach of the provisions giving effect to the Convention, as laid down under Ministerial Order No. 11. It requests the Government to provide information on any progress made in this regard.