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

Minimum Age Convention, 1973 (No. 138) - Samoa (Ratification: 2008)

Other comments on C138

Observation

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Article 2(3) of the Convention. Age of completion of compulsory education. The Committee notes, from the Government’s report, that the Labour and Employment Relations Amendment Act, 2023, amended section 51 of the Labour and Employment Relations Act, 2013, by raising the minimum age for work or employment from 15 to 16 years. It notes with satisfaction that the minimum age for work or employment is now aligned with the age of completion of compulsory education, in line with Article 2(3) of the Convention.

Article 3(2). Determination of types of hazardous work. With regard to the list of hazardous types of work prohibited to children under the age of 18 years, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7(1) and (3). Minimum age for admission to light work and determination of types of light work activities. The Committee notes the Government’s indication that the Labour and Employment Relations Amendment Act, 2023, introduced amendments to section 51 of the Labour and Employment Relations Act, 2013, consistent with the requirements of Article 7(1) of the Convention. The Committee notes with interest that section 51(2), as amended, sets the minimum age for light work activities at 13 years, with the requirements that such work: (1) is not likely to be harmful to the health and development of the child; (2) does not affect the child’s attendance at school or vocational training or prevent or interfere with school attendance, active participation in school activities or the child’s education development; and (3) complies with regulations. The Committee further notes, from the Government’s report on the application of Convention No. 182, that a draft Labour and Employment Relations Regulation, 2023, is in the final stages before adoption. The Committee requests the Government to take the necessary measures to ensure that the draft Labour and Employment Relations Regulation, 2023, includes: (i) provisions to ensure the determination of light work activities; (ii) the conditions in which light work may be permitted; and (iii) the number of hours during which such employment of children may be undertaken.

The Committee is raising other matters in a request addressed directly to the Government.