Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret 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:

Article 2(3). Age of completion of compulsory schooling. Following its previous comments regarding the age of completion of compulsory schooling, the Committee noted the Government’s indication that the Government undertakes to report any changes as they may occur.

Article 3(1) and (2). Minimum age for admission to, and determination of, types of hazardous work. The Committee noted the Government’s indication that action is being taken to provide for a minimum age of 18 years with respect to employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons. Noting the absence of information on this point in the Government’s report, the Committee once again hopes that the above amendment will be finalized promptly and requests the Government to send a copy of the amendment once it has been adopted. With respect to the types of employment or work that should be prohibited to persons under 18 years of age, the Committee once again requests the Government to take the necessary steps so that they can be determined by the national laws or regulations or the competent authority, after consultation with the employers’ and workers’ organization concerned, in conformity with Article 3(2) of the Convention. The Committee draws the Government’s attention to the provision of the Minimum Age Recommendation, 1973 (No. 146), in relation to hazardous employment or work, in particular to Paragraph 10(1).

Article 3(3). Hazardous work as from 16 years. Following its previous comments, the Committee noted in the Government’s report that there has been no change in legislation or measures since the last reporting period. The Committee therefore once again requests the Government to take the necessary steps so that young persons aged 15 may not be authorized to take up such employment or work. It requests the Government to indicate the measures taken so that the health, safety and morals of young persons aged 16 and 17 are fully protected, and to specify whether the employers’ and workers’ organizations have been consulted on the matter. It also requests the Government to supply a copy of the amended legislative provisions once adopted.

Article 6. Apprenticeship and vocational training. The Committee had noted the information communicated by the Government according to which children or young persons below the age of 15 years who are on a course of education or training for which a school or training institution is responsible or as part of a programme covered by paragraphs (b) and (c) of this Article of the Convention may perform work as part of their career development or schooling. The Ministry of Education ensures that the work done is of a light nature and would not in any way be harmful to the health, safety and morals of the children and young persons. The Committee noted the Government’s indication that there has been no change in legislation or measures since the last reporting cycle. Noting the absence of a reply to the requests made in its previous comments, the Committee once again asks the Government to communicate further information on vocational training programmes, including the relevant laws and regulations, and to indicate the minimum age required for taking up work in undertakings as an apprentice. It also asks the Government to indicate whether the employers’ and workers’ organizations have been consulted, in conformity with these provisions of the Convention.

Article 7. Light work. The Committee had previously noted the information communicated by the Government, according to which the law does not provide for persons aged 13–15 years to work, even in light work, unless it forms part of schooling or training. It had noted that, under article 31(a) of the Constitution of the Republic of Seychelles, the State undertakes “to provide that the minimum age of admission to employment shall be 15 years, subject to exceptions for children who are employed part time in light work prescribed by law without harm to their health, morals or education”, and that paragraphs 2 and 3 of section 21 of the Conditions of Employment Regulations pertaining to light work had been repealed by the Employment (Conditions of Employment) (Amendment) Regulations, 2000. The Committee requested the Government to indicate whether children under 15 years of age are engaged in light work in practice and, if so, to state the measures taken or envisaged to include provisions on the light work of children aged 13–15 in the national legislation.

The Committee noted in the Government’s report that “a person shall not have in that person’s employ another of less than 15 years of age”, pursuant to regulation 21(1) of the Conditions of Employment Regulations, 1991 (Regulations), as amended/introduced by SI 3 of 2000. The Committee further noted that regulation 21(2) of the Regulations states that, notwithstanding regulation 21(1) above, “work schemes may be organized for schoolchildren on vacation or holidays and, where such schemes have the approval of the Competent Officer, children
12–14 years may participate in them provided the work is of a light nature and subject to such conditions as the Competent Officer may impose upon giving his approval”. Furthermore, children aged 12–14 years of age “may, outside school hours, run occasional errands and do odd jobs provided the duties are light and not recurrent” (regulation 21(4)). The Committee reminded the Government that, by virtue of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons 13–15 years of age in light work. The Committee therefore requests the Government to take the necessary measures to ensure that children under 13 years of age are prohibited to engage in light work.

Part V of the report form. Application of the Convention in practice. Noting the absence of information on this point in the Government’s report, the Committee once again asks it to communicate information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment or work of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted the Government’s statement that it has established various inter-sectoral mechanisms to ensure the effective collaboration of the different actors involved in the protection of children. It had requested the Government to describe in detail the national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work. The Committee noted the Government’s information that through its various agencies in place it is ensured that no person under the age of 15 years has access to employment. The Committee requested the Government to provide information on the various agencies in place to ensure that no person under the age of 15 years has access to employment. The Committee notes in the Government’s report that the agencies responsible for ensuring that no person under 15 years of age has access to employment are: (a) the Ministry of Employment (Industrial Relations Sections and the Inspectorate Unit); (b) the Association of Seychelles Employers’ and (c) the Seychelles Federation of Workers’ Union.

Article 2, paragraph 3. Age of completion of compulsory schooling. Following its previous comments regarding the age of completion of compulsory schooling, the Committee notes the Government’s indication that the Government undertakes to report any changes as they may occur.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, types of hazardous work. The Committee noted the Government’s indication that action is being taken to provide for a minimum age of 18 years with respect to employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons. Noting the absence of information on this point in the Government’s report, the Committee once again hopes that the above amendment will be finalized promptly and requests the Government to send a copy of the amendment once it has been adopted. With respect to the types of employment or work that should be prohibited to persons under 18 years of age, the Committee once again requests the Government to take the necessary steps so that they can be determined by the national laws or regulations or the competent authority, after consultation with the employers’ and workers’ organization concerned, in conformity with Article 3(2) of the Convention. The Committee draws the Government’s attention to the provision of the Minimum Age Recommendation, 1973 (No. 146), in relation to hazardous employment or work, in particular to Paragraph 10(1).

Article 3, paragraph 3. Hazardous work as from 16 years. Following its previous comments, the Committee notes in the Government’s report that there has been no change in legislation or measures since the last reporting period. The Committee therefore once again requests the Government to take the necessary steps so that young persons aged 15 may not be authorized to take up such employment or work. It requests the Government to indicate the measures taken so that the health, safety and morals of young persons aged 16 and 17 are fully protected, and to specify whether the employers’ and workers’ organizations have been consulted on the matter. It also requests the Government to supply a copy of the amended legislative provisions once adopted.

Article 6. Apprenticeship and vocational training. The Committee had noted the information communicated by the Government according to which children or young persons below the age of 15 years who are on a course of education or training for which a school or training institution is responsible or as part of a programme covered by paragraphs (b) and (c) of this Article of the Convention may perform work as part of their career development or schooling. The Ministry of Education ensures that the work done is of a light nature and would not in any way be harmful to the health, safety and morals of the children and young persons. The Committee notes the Government’s indication that there has been no change in legislation or measures since the last reporting cycle. Noting the absence of a reply to the requests made in its previous comments, the Committee once again asks the Government to communicate further information on vocational training programmes, including the relevant laws and regulations, and to indicate the minimum age required for taking up work in undertakings as an apprentice. It also asks the Government to indicate whether the employers’ and workers’ organizations have been consulted, in conformity with these provisions of the Convention.

Article 7. Light work. The Committee had previously noted the information communicated by the Government, according to which the law does not provide for persons aged 13–15 years to work, even in light work, unless it forms part of schooling or training. It had noted that, under article 31(a) of the Constitution of the Republic of Seychelles, the State undertakes “to provide that the minimum age of admission to employment shall be 15 years, subject to exceptions for children who are employed part time in light work prescribed by law without harm to their health, morals or education”, and that paragraphs 2 and 3 of section 21 of the Conditions of Employment Regulations pertaining to light work had been repealed by the Employment (Conditions of Employment) (Amendment) Regulations, 2000. The Committee requested the Government to indicate whether children under 15 years of age are engaged in light work in practice and, if so, to state the measures taken or envisaged to include provisions on the light work of children aged 13–15 in the national legislation.

The Committee notes in the Government’s report that “a person shall not have in that person’s employ another of less than 15 years of age”, pursuant to regulation 21(1) of the Conditions of Employment Regulations, 1991 (Regulations), as amended/introduced by SI 3 of 2000. The Committee further notes that regulation 21(2) of the Regulations states that, notwithstanding regulation 21(1) above, “work schemes may be organized for schoolchildren on vacation or holidays and, where such schemes have the approval of the Competent Officer, children
12–14 years may participate in them provided the work is of a light nature and subject to such conditions as the Competent Officer may impose upon giving his approval”. Furthermore, children aged 12–14 years of age “may, outside school hours, run occasional errands and do odd jobs provided the duties are light and not recurrent” (regulation 21(4)). The Committee reminds the Government that, by virtue of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons 13–15 years of age in light work. The Committee therefore requests the Government to take the necessary measures to ensure that children under 13 years of age are prohibited to engage in light work.

Part V of the report form. Application of the Convention in practice. Noting the absence of information on this point in the Government’s report, the Committee once again asks it to communicate information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment or work of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted the Government’s statement that it has established various inter-sectoral mechanisms to ensure the effective collaboration of the different actors involved in the protection of children. It had requested the Government to describe in detail the national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work. The Committee noted the Government’s information that through its various agencies in place it is ensured that no person under the age of 15 years has access to employment. The Committee requested the Government to provide information on the various agencies in place to ensure that no person under the age of 15 years has access to employment. The Committee notes in the Government’s report that the agencies responsible for ensuring that no person under 15 years of age has access to employment are: (a) the Ministry of Employment (Industrial Relations Sections and the Inspectorate Unit); (b) the Association of Seychelles Employers and; (c) the Seychelles Federation of Workers’ Union.

Article 2, paragraph 3. Age of completion of compulsory schooling. Following its previous comments regarding the age of completion of compulsory schooling, the Committee notes the Government’s indication that the Government undertakes to report any changes as they may occur.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, types of hazardous work. The Committee noted the Government’s indication that action is being taken to provide for a minimum age of 18 years with respect to employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons. Noting the absence of information on this point in the Government’s report, the Committee once again hopes that the above amendment will be finalized promptly and requests the Government to send a copy of the amendment once it has been adopted. With respect to the types of employment or work that should be prohibited to persons under 18 years of age, the Committee once again requests the Government to take the necessary steps so that they can be determined by the national laws or regulations or the competent authority, after consultation with the employers’ and workers’ organization concerned, in conformity with Article 3, paragraph 2, of the Convention. The Committee draws the Government’s attention to the provision of the Minimum Age Recommendation, 1973 (No. 146), in relation to hazardous employment or work, in particular to paragraph 10(1).

Article 3, paragraph 3. Hazardous work as from 16 years. Following its previous comments, the Committee notes in the Government’s report that there has been no change in legislation or measures since the last reporting period. The Committee therefore once again requests the Government to take the necessary steps so that young persons aged 15 may not be authorized to take up such employment or work. It requests the Government to indicate the measures taken so that the health, safety and morals of young persons aged 16 and 17 are fully protected, and to specify whether the employers’ and workers’ organizations have been consulted on the matter. It also requests the Government to supply a copy of the amended legislative provisions once adopted.

Article 6. Apprenticeship and vocational training. The Committee had noted the information communicated by the Government according to which children or young persons below the age of 15 years who are on a course of education or training for which a school or training institution is responsible or as part of a programme covered by paragraphs (b) and (c) of this Article of the Convention may perform work as part of their career development or schooling. The Ministry of Education ensures that the work done is of a light nature and would not in any way be harmful to the health, safety and morals of the children and young persons. The Committee notes the Government’s indication that there has been no change in legislation or measures since the last reporting cycle. Noting the absence of a reply to the requests made in its previous comments, the Committee once again asks the Government to communicate further information on vocational training programmes, including the relevant laws and regulations, and to indicate the minimum age required for taking up work in undertakings as an apprentice. It also asks the Government to indicate whether the employers’ and workers’ organizations have been consulted, in conformity with these provisions of the Convention.

Article 7. Light work. The Committee had previously noted the information communicated by the Government, according to which the law does not provide for persons aged 13 to 15 years to work, even in light work, unless it forms part of schooling or training. It had noted that, under article 31(a) of the Constitution of the Republic of Seychelles, the State undertakes “to provide that the minimum age of admission to employment shall be 15 years, subject to exceptions for children who are employed part time in light work prescribed by law without harm to their health, morals or education”, and that paragraphs 2 and 3 of section 21 of the Conditions of Employment Regulations pertaining to light work had been repealed by the Employment (Conditions of Employment) (Amendment) Regulations, 2000. The Committee requested the Government to indicate whether children under 15 years of age are engaged in light work in practice and, if so, to state the measures taken or envisaged to include provisions on the light work of children aged 13 to 15 in the national legislation.

The Committee notes in the Government’s report that “a person shall not have in that person’s employ another of less than 15 years of age”, pursuant to regulation 21(1) of the Conditions of Employment Regulations, 1991 (Regulations), as amended/introduced by SI 3 of 2000. The Committee further notes that regulation 21(2) of the Regulations states that, notwithstanding regulation 21(1) above, “work schemes may be organized for schoolchildren on vacation or holidays and, where such schemes have the approval of the Competent Officer, children 12 to 14 years may participate in them provided the work is of a light nature and subject to such conditions as the Competent Officer may impose upon giving his approval”. Furthermore, children aged 12 to 14 years of age “may, outside school hours, run occasional errands and do odd jobs provided the duties are light and not recurrent” (regulation 21(4)). The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of persons 13 to 15 years of age in light work. The Committee therefore requests the Government to take the necessary measures to ensure that children under 13 years of age are prohibited to engage in light work.

Part V of the report form  Noting the absence of information on this point in the Government’s report, the Committee once again asks it to communicate information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment or work of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

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

The Committee notes the Government’s report. The Committee also notes the Government’s statement that there has not been any change in legislation since its last report. It requests the Government to provide information on the following points.c

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted the Government’s statement that it has established various inter-sectoral mechanisms to ensure the effective collaboration of the different actors involved in the protection of children. It had requested the Government to describe in detail the national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work. The Committee notes the Government’s information that through its various agencies in place it is ensured that no person under the age of 15 years has access to employment. The Committee requests the Government to provide information on the various agencies in place to ensure that no person under the age of 15 years has access to employment.

Article 2, paragraph 1. Scope of application. The Committee had previously requested the Government to indicate the measures taken or envisaged to ensure that children under 15 years of age are prohibited to engage in any kind of economic activity, whether or not an employment relationship exists. The Committee notes the Government’s indication that the Inspectorate Unit under the Ministry of Employment is responsible for the inspection of all worksites both in the public and private sectors including areas where an employment relationship does not exist.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that section 4(2) of the Education Act, 1982, as amended by the Education (Amendment) Act, 1990, provides for “compulsory education for every Seychellois child from the entry age until the child completes S4 or reaches the age of 17 years, whichever occurs first”. Noting the observation by the Committee on the Rights of the Child that “the age of compulsory education is not clear, giving rise to uneven enforcement” (CRC/C/15/Add.189, 9 October 2002, paragraph 21(b)), the Committee had requested the Government to provide additional information on the education system, in particular, the precise age of completion of compulsory education. The Committee further referring to the concern expressed by the Committee on the Rights of the Child “about the high drop-out rates and absenteeism” (CRC/C/15/Add.189, 9 October 2002, paragraph 48) had requested the Government to indicate the measures taken or envisaged to prevent children aged 15–17 years who are still in compulsory education from taking up work or employment that would prejudice their attendance at school. The Committee notes the Government’s information that it cannot give a precise age of completion of compulsory education as it depends upon the age at which the child goes to school. It further notes the Government’s indication that a child who starts school at the age of 5 years should finish the compulsory schooling of 10 years when he/she attains the age of 15 years. It also notes the Government’s information that no person between the ages of 15 and 17 years is allowed to take up employment unless it has been agreed for that person in consultation with his/her parents to abandon school completely. The Committee takes due note that the minimum age specified by the Government for admission to employment or work (15 years) coincides with the age of completion of compulsory schooling, in conformity with Article 2, paragraph 3, of the Convention.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, types of hazardous work. Following its previous comments, the Committee notes that the Government’s indication that action is being taken to provide for a minimum age of 18 years with respect to employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardise the health, safety or morals of young persons. The Committee hopes that the above amendment will be finalized promptly and requests the Government to send a copy of the amendment once it has been adopted.

With respect to the types of employment or work that should be prohibited to persons under 18 years of age, the Committee once again requests the Government to take the necessary steps so that they can be determined by the national laws or regulations or the competent authority, after consultation with the employers’ and workers’ organization concerned, in conformity with Article 3, paragraph 2, of the Convention. The Committee draws the Government’s attention to the provision of the Minimum Age Recommendation, 1973 (No. 146), in relation to hazardous employment or work, in particular to paragraph 10(1).

Article 3, paragraph 3. Hazardous work as from 16 years. The Committee had 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 any person aged 15–17 years in a place listed in sub-regulation (1) or between the hours of 10 p.m. and 5 a.m.”. It had noted the indication contained in the Government’s report that “this may occur only when the person(s) concerned is/are on an approved training scheme”. The Committee had recalled that, by virtue of these provisions of the Convention, only persons aged at least 16 years may be authorized to take up employment or to perform work referred to under Article 3, paragraph 1, after consultation with the organizations of employers and workers concerned, and on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to take the necessary steps so that young persons aged 15 may not be authorized to take up such employment or work. It asks the Government to indicate the measures taken so that the health, safety and morals of young persons aged 16 and 17 are fully protected, and to specify whether the employers’ and workers’ organizations have been consulted on the matter. It also asks the Government to communicate a copy of the amended Regulations, as the text of the Regulations available at the Office does not specify that the authorizations concern only young persons who undergo an approved training scheme.

Article 6. Apprenticeship and vocational training. The Committee had noted the information communicated by the Government according to which children or young persons below the age of 15 years who are on a course of education or training for which a school or training institution is responsible or as part of a programme covered by paragraphs (b) and (c) of this Article of the Convention may perform work as part of their career development or schooling. The Ministry of Education ensures that the work done is of a light nature and would not in any way be harmful to the health, safety and morals of the children and young persons. The Committee once again asks the Government to communicate further information on vocational training programmes, including the relevant laws and regulations, and to indicate the minimum age required for taking up work in undertakings as an apprentice. It also asks the Government to indicate whether the employers’ and workers’ organizations have been consulted, in conformity with these provisions of the Convention.

Article 7. Light work. The Committee had previously noted the information communicated by the Government according to which the law does not provide for persons aged 13–15 years to work, even in light work, unless it forms part of schooling or training. It had noted that under the article 31(a) of the Constitution of the Republic of Seychelles, the State undertakes “to provide that the minimum age of admission to employment shall be 15 years, subject to exceptions for children who are employed part time in light work prescribed by law without harm to their health, morals or education”, and that paragraphs 2 and 3 of section 21 of the Conditions of Employment Regulations pertaining to light work had been repealed by the Employment (Conditions of Employment) (Amendment) Regulations, 2000. The Committee once again asks the Government to indicate whether children under 15 years of age should be engaged in light work in practice and, if so, to state the measures taken or envisaged to include provisions on the light work of children aged 13–15 in the national legislation.

Part V of the report form. The Committee once again asks the Government to communicate information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment or work of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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:

Article 1 of the Convention. The Committee notes the Government’s statement in its report that education is one of the most important factors in eliminating child labour. The Education Act provides for ten years of free and compulsory education and makes it is a punishable offence for parents to allow children not to go to school or to allow them to go to work. It notes that the Government has established various inter-sectoral mechanisms to ensure the effective collaboration of the different actors involved in the protection of children. The Committee asks the Government to describe in detail the national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work, in conformity with these provisions of the Convention.

Article 2, paragraph 1. The Committee notes that section 21 of the Conditions of Employment Regulations, 1991, as amended by the Employment (Conditions of Employment) (Amendment) Regulations, 2000, provides that "a person shall not have in that person’s employ another of less than 15 years of age". Noting that no provisions of the national legislation seem to prohibit work performed outside an employment relationship to persons under 15 years of age, the Committee asks the Government to indicate the measures taken or envisaged to ensure that children under 15 years of age are prohibited to engage in any kind of economic activity, whether or not an employment relationship exists.

Article 2, paragraph 3. The Committee notes that section 4(2) of the Education Act, 1982, as amended by the Education (Amendment) Act, 1990, provides for "compulsory education for every Seychellois child from the entry age until the child completes S4 or reaches the age of 17 years, whichever occurs first". According to section 9(1) of the same Act, "the Minister may, by order published in the Gazette, make provision with respect to the compulsory attendance of children at school". Under section 9(2)(e)(ii), "an order under subsection (1) shall not operate to require attendance at a school of a child aged 17 years or over". The Committee asks the Government to indicate whether the Minister referred to under section 9(1) has taken an order by virtue of this section and, if so, to provide the Office with a copy of it. Noting the observation by the Committee on the Rights of the Child that "the age of compulsory education is not clear, giving rise to uneven enforcement" (CRC/C/15/Add.189, 9 October 2002, paragraph 21(b)), the Committee asks the Government to provide additional information on the educational system, in particular, the precise age of completion of compulsory education. The Committee recalls that, under these provisions of the Convention, the minimum age specified in pursuance of paragraph 1 of this Article shall not be less than the age of completion of compulsory schooling. It notes that, according to the abovementioned legislation and the information contained in the Government’s report, compulsory schooling seems to continue up to the age of 16 or 17 years. Thus, persons aged 15 to 17 who are still in compulsory education might take up work or employment and be prevented from attending school. Noting the concern expressed by the Committee on the Rights of the Child "about the high drop-out rates and absenteeism" (CRC/C/15/Add.189, 9 October 2002, paragraph 48), the Committee asks the Government to indicate the measures taken or envisaged to prevent children aged 15 to 17 years who are still in compulsory education from taking up work or employment that would prejudice their attendance at school.

Article 3, paragraphs 1 and 2. The Committee takes note of the Government’s declaration appended to the instrument of ratification by virtue of which no person under the age of 18 years shall be employed: (a) in a hotel, guest house, boarding house, any place where tourists are accommodated, restaurant, shop, bar, nightclub, dance hall, or similar place of entertainment or on a ship or aircraft; (b) between the hours of 10 p.m. and 5 a.m.; and (c) in a gaming house or casino. It notes that section 22(3) of the Conditions of Employment Regulations, 1991, provides that "a person shall not employ another under the age of 21 years in a gaming house or casino". The Committee notes that the national legislation does not seem to provide for a minimum age of 18 years with respect to admission to employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, as required under these provisions of the Convention, apart from the limited categories mentioned above. Noting that by virtue of article 31(b) of the Constitution of the Republic of Seychelles the State undertakes to provide for a higher minimum age of admission to employment with respect to occupations prescribed by law which the State regards as dangerous, unhealthy or likely to impair the normal development of a child or young person, the Committee asks the Government to indicate the measures taken or envisaged to give effect to article 31(b) of the Constitution and to these provisions of the Convention. The Committee also asks the Government to indicate whether the provisions of section 22(3) of the Conditions of Employment Regulations remain applicable or whether they have been superseded by other legislation and to specify the provisions of the national legislation on which the Government’s abovementioned statement is based.

With respect to the types of employment or work that should be prohibited to persons under 18 years of age, the Committee asks the Government to take the necessary steps so that they can be determined by the national laws or regulations or the competent authority, after consultation with the employers’ and workers’ organizations concerned, in conformity with Article 3, paragraph 2. The Committee draws the Government’s attention to the provisions of the Minimum Age Recommendation, 1973 (No. 146), in relation to hazardous employment or work, in particular to Paragraph 10(1).

Article 3, paragraph 3. The Committee notes 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 any person aged 15 to 17 years in a place listed in sub-regulation (1) or between the hours of 10 p.m. and 5 a.m.". It notes the indication contained in the Government’s report that "this may occur only when the person(s) concerned is/are on an approved training scheme". The Committee recalls that, by virtue of these provisions of the Convention, only persons aged at least 16 years may be authorized to take up employment or to perform work referred to under Article 3, paragraph 1, after consultation with the organizations of employers and workers concerned, and on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to take the necessary steps so that young persons aged 15 may not be authorized to take up such employment or work. It asks the Government to indicate the measures taken so that the health, safety and morals of young persons aged 16 and 17 are fully protected, and to specify whether the employers’ and workers’ organizations have been consulted on the matter. It also asks the Government to communicate a copy of the amended Regulations, as the text of the Regulations available at the Office does not specify that the authorizations concern only young persons who undergo an approved training scheme.

Article 4. The Committee notes the Government’s statement in its report that no use has been made of this Article of the Convention.

Article 6. The Committee notes the information communicated by the Government in its report according to which children or young persons below the age of 15 years who are on a course of education or training for which a school or training institution is responsible or as part of a programme covered by paragraphs (b) and (c) of this Article of the Convention may perform work as part of their career development or schooling. The Ministry of Education ensures that the work done is of a light nature and would not in any way be harmful to the health, safety and morals of the children and young persons. The Committee asks the Government to communicate further information on vocational training programmes, including the relevant laws and regulations, and to indicate the minimum age required for taking up work in undertakings as an apprentice. It asks the Government to indicate whether the employers’ and workers’ organizations have been consulted, in conformity with these provisions of the Convention.

Article 7. The Committee notes the information communicated by the Government in its report according to which the law does not provide for persons aged 13 to 15 years to work, even in light work, unless it forms part of the schooling or training. Noting that under article 31(a) of the Constitution of the Republic of Seychelles, the State undertakes "to provide that the minimum age of admission to employment shall be 15 years, subject to exceptions for children who are employed part-time in light work prescribed by law without harm to their health, morals or education", and noting the repeal of paragraphs 2 and 3 of section 21 of the Conditions of Employment Regulations, pertaining to light work, by the Employment (Conditions of Employment) (Amendment) Regulations, 2000, the Committee asks the Government to indicate whether children under 15 years of age engage in light work in practice and, if so, to state the measures taken or envisaged to include provisions on the light work of children aged 13 to 15 in the national legislation.

Article 8. The Committee notes the Government’s statement in its report that no use has been made of this Article. It asks the Government to indicate whether children under 15 years of age engage in practice in employment or work for such purposes as participation in artistic performances and, if so, the measures taken or envisaged to include in the national legislation provisions pertaining to the participation of children under 15 years of age in artistic performances.

Article 9, paragraph 3. The Committee notes that the Government has provided a model of an "establishment list", which contains the names and dates of birth of the employees of a hotel. It notes that section 68 of the Employment Act, 1995, provides that every employer shall keep either a record card on each of the workers or a register of the workers other than casual, part time or domestic workers, which shall contain in respect of each worker, inter alia, his/her name and date of birth. It asks the Government to indicate which provisions of the national legislation, if any, apply with respect to casual, part-time or domestic workers who are less than 18 years of age, and to provide the Office with a copy of the relevant laws or regulations.

Part V of the report form. The Committee asks the Government to communicate information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment or work of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s first and second reports and requests it to provide additional information on the following points.

Article 1 of the Convention. The Committee notes the Government’s statement in its report that education is one of the most important factors in eliminating child labour. The Education Act provides for ten years of free and compulsory education and makes it is a punishable offence for parents to allow children not to go to school or to allow them to go to work. It notes that the Government has established various inter-sectoral mechanisms to ensure the effective collaboration of the different actors involved in the protection of children. The Committee asks the Government to describe in detail the national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work, in conformity with these provisions of the Convention.

Article 2, paragraph 1. The Committee notes that section 21 of the Conditions of Employment Regulations, 1991, as amended by the Employment (Conditions of Employment) (Amendment) Regulations, 2000, provides that "a person shall not have in that person’s employ another of less than 15 years of age". Noting that no provisions of the national legislation seem to prohibit work performed outside an employment relationship to persons under 15 years of age, the Committee asks the Government to indicate the measures taken or envisaged to ensure that children under 15 years of age are prohibited to engage in any kind of economic activity, whether or not an employment relationship exists.

Article 2, paragraph 3. The Committee notes that section 4(2) of the Education Act, 1982, as amended by the Education (Amendment) Act, 1990, provides for "compulsory education for every Seychellois child from the entry age until the child completes S4 or reaches the age of 17 years, whichever occurs first". According to section 9(1) of the same Act, "the Minister may, by order published in the Gazette, make provision with respect to the compulsory attendance of children at school". Under section 9(2)(e)(ii), "an order under subsection (1) shall not operate to require attendance at a school of a child aged 17 years or over". The Committee asks the Government to indicate whether the Minister referred to under section 9(1) has taken an order by virtue of this section and, if so, to provide the Office with a copy of it. Noting the observation by the Committee on the Rights of the Child that "the age of compulsory education is not clear, giving rise to uneven enforcement" (CRC/C/15/Add.189, 9 October 2002, paragraph 21(b)), the Committee asks the Government to provide additional information on the educational system, in particular, the precise age of completion of compulsory education. The Committee recalls that, under these provisions of the Convention, the minimum age specified in pursuance of paragraph 1 of this Article shall not be less than the age of completion of compulsory schooling. It notes that, according to the abovementioned legislation and the information contained in the Government’s report, compulsory schooling seems to continue up to the age of 16 or 17 years. Thus, persons aged 15 to 17 who are still in compulsory education might take up work or employment and be prevented from attending school. Noting the concern expressed by the Committee on the Rights of the Child "about the high drop-out rates and absenteeism" (CRC/C/15/Add.189, 9 October 2002, paragraph 48), the Committee asks the Government to indicate the measures taken or envisaged to prevent children aged 15 to 17 years who are still in compulsory education from taking up work or employment that would prejudice their attendance at school.

Article 3, paragraphs 1 and 2. The Committee takes note of the Government’s declaration appended to the instrument of ratification by virtue of which no person under the age of 18 years shall be employed: (a) in a hotel, guest house, boarding house, any place where tourists are accommodated, restaurant, shop, bar, nightclub, dance hall, or similar place of entertainment or on a ship or aircraft; (b) between the hours of 10 p.m. and 5 a.m.; and (c) in a gaming house or casino. It notes that section 22(3) of the Conditions of Employment Regulations, 1991, provides that "a person shall not employ another under the age of 21 years in a gaming house or casino". The Committee notes that the national legislation does not seem to provide for a minimum age of 18 years with respect to admission to employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, as required under these provisions of the Convention, apart from the limited categories mentioned above. Noting that by virtue of article 31(b) of the Constitution of the Republic of Seychelles the State undertakes to provide for a higher minimum age of admission to employment with respect to occupations prescribed by law which the State regards as dangerous, unhealthy or likely to impair the normal development of a child or young person, the Committee asks the Government to indicate the measures taken or envisaged to give effect to article 31(b) of the Constitution and to these provisions of the Convention. The Committee also asks the Government to indicate whether the provisions of section 22(3) of the Conditions of Employment Regulations remain applicable or whether they have been superseded by other legislation and to specify the provisions of the national legislation on which the Government’s abovementioned statement is based.

With respect to the types of employment or work that should be prohibited to persons under 18 years of age, the Committee asks the Government to take the necessary steps so that they can be determined by the national laws or regulations or the competent authority, after consultation with the employers’ and workers’ organizations concerned, in conformity with Article 3, paragraph 2. The Committee draws the Government’s attention to the provisions of the Minimum Age Recommendation, 1973 (No. 146), in relation to hazardous employment or work, in particular to Paragraph 10(1).

Article 3, paragraph 3. The Committee notes 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 any person aged 15 to 17 years in a place listed in sub-regulation (1) or between the hours of 10 p.m. and 5 a.m.". It notes the indication contained in the Government’s report that "this may occur only when the person(s) concerned is/are on an approved training scheme". The Committee recalls that, by virtue of these provisions of the Convention, only persons aged at least 16 years may be authorized to take up employment or to perform work referred to under Article 3, paragraph 1, after consultation with the organizations of employers and workers concerned, and on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to take the necessary steps so that young persons aged 15 may not be authorized to take up such employment or work. It asks the Government to indicate the measures taken so that the health, safety and morals of young persons aged 16 and 17 are fully protected, and to specify whether the employers’ and workers’ organizations have been consulted on the matter. It also asks the Government to communicate a copy of the amended Regulations, as the text of the Regulations available at the Office does not specify that the authorizations concern only young persons who undergo an approved training scheme.

Article 4. The Committee notes the Government’s statement in its report that no use has been made of this Article of the Convention.

Article 6. The Committee notes the information communicated by the Government in its report according to which children or young persons below the age of 15 years who are on a course of education or training for which a school or training institution is responsible or as part of a programme covered by paragraphs (b) and (c) of this Article of the Convention may perform work as part of their career development or schooling. The Ministry of Education ensures that the work done is of a light nature and would not in any way be harmful to the health, safety and morals of the children and young persons. The Committee asks the Government to communicate further information on vocational training programmes, including the relevant laws and regulations, and to indicate the minimum age required for taking up work in undertakings as an apprentice. It asks the Government to indicate whether the employers’ and workers’ organizations have been consulted, in conformity with these provisions of the Convention.

Article 7. The Committee notes the information communicated by the Government in its report according to which the law does not provide for persons aged 13 to 15 years to work, even in light work, unless it forms part of the schooling or training. Noting that under article 31(a) of the Constitution of the Republic of Seychelles, the State undertakes "to provide that the minimum age of admission to employment shall be 15 years, subject to exceptions for children who are employed part-time in light work prescribed by law without harm to their health, morals or education", and noting the repeal of paragraphs 2 and 3 of section 21 of the Conditions of Employment Regulations, pertaining to light work, by the Employment (Conditions of Employment) (Amendment) Regulations, 2000, the Committee asks the Government to indicate whether children under 15 years of age engage in light work in practice and, if so, to state the measures taken or envisaged to include provisions on the light work of children aged 13 to 15 in the national legislation.

Article 8. The Committee notes the Government’s statement in its report that no use has been made of this Article. It asks the Government to indicate whether children under 15 years of age engage in practice in employment or work for such purposes as participation in artistic performances and, if so, the measures taken or envisaged to include in the national legislation provisions pertaining to the participation of children under 15 years of age in artistic performances.

Article 9, paragraph 3. The Committee notes that the Government has provided a model of an "establishment list", which contains the names and dates of birth of the employees of a hotel. It notes that section 68 of the Employment Act, 1995, provides that every employer shall keep either a record card on each of the workers or a register of the workers other than casual, part time or domestic workers, which shall contain in respect of each worker, inter alia, his/her name and date of birth. It asks the Government to indicate which provisions of the national legislation, if any, apply with respect to casual, part-time or domestic workers who are less than 18 years of age, and to provide the Office with a copy of the relevant laws or regulations.

Part V of the report form. The Committee asks the Government to communicate information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment or work of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.