Solicitud directa (CEACR) - Adopción: 1991, Publicación: 78ª reunión CIT (1991)

Further to its earlier comments, the Committee notes the information supplied by the Government in its report.

Article 3. In its previous comments, the Committee noted that section 2, subsection 2 of Act No. 1837 of 23 March 1989 prohibits the employment of young persons in dangerous, heavy, or unhealthy work or work which is injurious to their mental health or hinders the free development of their personality. Such work is to be determined by a decision of the Ministry of Labour, in accordance with the opinion of the Council for Health and Safety at Work. Section 2, subsection 3 of the Act also prescribes that, pending the decision defining harmful employment, the prior provisions are still applicable. The Committee requested the Government to indicate any measures taken under section 2, subsection 3 of Act No. 1837. It also requested the Government to prohibit in such a ministerial decision any work likely to jeopardise the morals of young persons, in accordance with the Convention. In its report, the Government only refers to decisions taken to define such harmful work without indicating whether these decisions have been adopted under Act No. 1837, or whether the Government refers to previous decisions still in force. The Committee requests the Government to indicate the decisions to which it is referring, and to supply copies of any recent decisions adopted in this connection.

Article 4. In its previous comments made under Article 2, the Committee drew the Government's attention to the fact that section 1, subsection 2 of Act No. 1837 excludes farming, forestry and cattle-breeding activities within family undertakings from the scope of the Act and, consequently, from the protection provided for by the Convention. In its last report, the Government indicates that this exclusion is made in conformity with the present Article. In this connection, the Committee recalls that under paragraph 2 of this Article of the Convention, each Member which ratifies the Convention shall, in its first report, state the reasons for excluding certain limited categories of employment and work from the application of the Convention. The position in respect of these limited categories shall be also specified in subsequent reports. It hopes therefore that the Government will supply information in its future reports on the position of law and practice applicable to these categories.

The Committee takes note of the information supplied by the Government on the application of Articles 6 and 8 of the Convention.

Article 9. The Committees notes the information supplied by the Government on the activities of the labour inspection services. It notes in particular the statistics on the employment of young persons from the age of 15 to 18 years in various branches of the national economy and on the penalties imposed on the employers for the violation of the legislation relating to employment of young persons. The Committee would be grateful if the Government would continue to supply such information, in any official ILO language in so far as it may be available.

The Committee again requests the Government to provide information on the Presidential Decree bringing the provisions on employment at sea into conformity with those of Act No. 1837, as provided for in section 19, subsection 4 of the Act.