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

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

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention. National policy. In its previous comments, the Committee noted that the Government, with the support of UNICEF, had finalized and approved the National Action Plan for Children (PNAC II) for the period 2013–19. The PNAC II focuses on nine areas of implementation including increasing the number of child beneficiaries of basic social protection and reducing the number of children involved in child labour.

The Committee notes the Government’s information that a National Action Plan (NAP) to Combat the Worst Forms of Child Labour 2017–22 was approved in September 2017. The Committee requests the Government to provide information on the concrete measures taken within the framework of the NAP 2017–22 to eliminate child labour and the results achieved. It also requests the Government to provide information on the implementation of the PNAC II and the results achieved in terms of the number of child beneficiaries of basic social protection as well as the number of children withdrawn from child labour.

Article 6. Vocational training and apprenticeship. The Committee previously noted that according to section 248(3) of the Labour Law, enterprises or establishments may not admit minors under 12 years of age for apprenticeships. The Committee requested the Government to take the necessary measures to ensure that no minor under 14 years of age is permitted to enter into an apprenticeship programme, in conformity with Article 6 of the Convention.

The Committee notes with interest the Government’s information that according to the provisions of the Technical and Vocational Education Act, children are permitted to undergo apprenticeships only after completing the tenth year of school, when children would have reached 15 years of age. The Committee requests the Government to indicate the provision under the Technical and Vocational Education Act which stipulates that children are permitted to enter apprenticeships only after the completion of tenth grade. It also requests the Government to provide a copy of this Act.

Article 9(3). Keeping of registers by employers. In its previous comments, the Committee noted that the Labour Law does not prescribe registers to be kept by employers. It reminded the Government that, under Article 9(3) of the Convention, national laws or regulations or the competent authority must prescribe registers or documents concerning employees under the age of 18 years, indicating their names and ages, which shall be kept and made available by the employer.

The Committee notes the Government’s information that, according to Ministerial Decree No. 104 of 2015, all employers must keep a register containing the names and other information of employees, including minors, to be submitted to the Ministry of Labour, Employment and Social Security. The Committee requests the Government to indicate whether the requirement under Ministerial Decree No. 104 of 2015 of keeping a register by employers also includes such details related to the age or date of birth of employees. It also requests the Government to provide a copy of Ministerial Decree No. 104 of 2015.

Application of the Convention in practice. The Committee notes the statistical data provided by the Government on the economically active, employed, unemployed and underemployed population based on the compilation from the 2014–15 Family Budget Census. However, these statistics do not cover the number of children under 15 years of age who are involved in child labour. The Committee requests the Government to take the necessary measures to ensure that up-to-date statistical information on the economic activities of children and young persons is made available, including the number of children working under the minimum age. It also requests the Government to provide information on the manner in which the Convention is applied in practice as well as information on the number of inspections carried out, the number and nature of violations relating to the employment of children and young persons detected, and the penalties imposed.