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Minimum Age (Industry) Convention (Revised), 1937 (No. 59) - Bermuda

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Bermuda

The Committee takes note of the Government’s report.

The Committee recalls that the ILO Governing Body at its 349th Session, October–November 2023, on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), confirmed the classification of Convention No. 59 as an outdated instrument, and placed an item on the agenda of the 117th Session of the International Labour Conference (2028) for the consideration of its abrogation.

The Governing Body requested the Office to undertake follow-up action to actively encourage the ratification of the Minimum Age Convention, 1973 (No. 138), which is the most up-to-date instrument on minimum age, in Member States in which Convention No. 59 is currently in force. Accordingly, the Committee encourages the Government to follow-up the Governing Body’s decision at its 349th Session (October–November 2023) approving the recommendations of the SRM TWG, and to consider extending the application of Convention No. 138 to Bermuda.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its previous comments, the Committee has been drawing the Government’s attention to the need to revise section 6(2)(b) and (c) of the Employment of Children and Young Persons Act so as to limit the exceptions provided thereunder to the cases allowed by Articles 2 and 3 of the Convention. It noted the Government’s indication in the report that very few exceptions, if any, are made under this Act and adequate supervision is provided by the competent authority where necessary.

The Committee hopes that measures will be taken in the near future to bring the legislation into conformity both with the Convention and the practice that the Government refers to. It asks the Government to indicate any progress made in this regard, and also to supply information on the application in practice of the Employment of Children and Young Persons Act, and in particular its section 6(2)(b) and (c), providing, for instance, extracts from official reports, details of inspection visits made, contraventions reported and sanctions imposed, in accordance with Part V of the report form.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

In its previous comments, the Committee has been drawing the Government's attention to the need to revise section 6(2)(b) and (c) of the Employment of Children and Young Persons Act so as to limit the exceptions provided thereunder to the cases allowed by Articles 2 and 3 of the Convention. It notes the Government's indication in the report that very few exceptions, if any, are made under this Act and adequate supervision is provided by the competent authority where necessary.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes from the Government's reply to its previous comments that the process of reviewing all labour legislation is still not completed. The Committee hopes that the Government will keep it informed of any further developments in this connection and will supply a copy of the revised section 6(2)(b) and (c) of the Employment of Children and Young Persons Act limiting any exceptions to the cases allowed by Articles 2 and 3 of the Convention.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Articles 2 and 3 of the Convention. In previous comments, the Committee had noted that the exceptions contained in section 6(2)(b) and (c) of the Employment of Children and Young Persons Act, 1963, which allows children under 15 years of age to be employed on light ancillary tasks in relation to an industrial undertaking and on light work for purposes of training, go beyond those permitted by Article 2, paragraph 2, and Article 3 of the Convention. The Government had stated that the above-mentioned Act had been overtaken by other legislation and, with the coming into force of the new Education Act, persons under 16 were no longer found working or training in industrial undertakings.

The Committee notes with interest from the Government's last report that the Labour Advisory Council, in reviewing all labour legislation, has been made responsible for taking account of the Committee's comments. It hopes that in the course of the revision of the labour legislation, the Government will find it possible to bring section 6(2)(b) and (c) of the Employment of Children and Young Persons Act, 1963, fully into conformity with the Convention and the present national practice, and that in its next report it will indicate the progress made in this connection.