Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee had recalled that by ratifying the Convention, the State undertook to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee requested the Government to supply any relevant information on the subject. The Committee notes the Government’s indication that several pieces of legislation related to the prohibition of child labour have been adopted recently, including Law No. 2956 of 2001, Law No. 3144 of 2003 and resolution No. 130621/24-6-2003. This newly adopted national legislation relates to the prohibition of employment of children under 15 years of age, limitation of working time for young persons between 15 and 18 years of age, employment conditions and risk assessment in work environments and the prohibition of additional types of employment in dangerous, heavy or unhealthy jobs. The Committee takes note of this information and requests the Government to continue providing information on the development of national policies designed to ensure the effective abolition of child labour and on the results attained.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes the Government’s statement that section 4 of Law No. 3144 of 2003, provides that persons who have not attained the age of 18 years are not allowed to carry out work, projects or activities of any kind, which, by their nature or conditions, are likely to harm their health and safety or offend their ethics. The Committee further notes the Government’s information that resolution No. 130621/24-6-2003 contains a comprehensive list of the types of work, projects and activities likely to jeopardize the health, safety or morals of minors. It also notes that the list has been put together based on the findings of a special committee comprising the Minister of Employment, academic staff, doctors, ministry representatives as well as employers’ and employees’ representatives. The Committee takes due note of this information and requests the Government to provide a copy of resolution No. 130621/24-6-2003.

Article 3, paragraph 3. Authorization to carry out hazardous work from the age of 16 years. The Committee had previously noted that section 7(5) of Presidential Decree No. 62 of 1998 provides that with the permission of the competent labour inspectorate and upon the employer’s application, derogations from the prohibition of employment in work that are liable to prejudice the health, safety or development of young persons may be granted where such work is necessary for their vocational training. This work must be performed under the supervision of the safety technician and/or the occupational physician of the enterprise or the protection and prevention services capable of ensuring the protection of the safety and health of young persons under 18 years of age and on condition that the protection prescribed by the Presidential Decree is ensured. The Committee had also noted that under the terms of section 2(c) of Presidential Decree No. 62 of 1998, the term "adolescent" means any young person of at least 15 years but less than 18 years of age who has ceased compulsory education. The Committee had requested the Government to provide information concerning the measures which have been taken or envisaged to give effect to this provision of the Convention by providing that no person under "16 years" of age may be authorized to perform hazardous work and to ensure that prior consultations are held with employers’ and workers’ organizations. The Committee takes note of the Government’s indication that the employer should comply with the provisions of section 6 of Presidential Decree No. 62 of 1998, where, among others, it is provided that, in accordance with subsection (2), for each activity in which a young person will be engaged a risk assessment should be carried out and by virtue of subsection (4), in certain jobs, the safety technician and/or the occupational physician of the enterprise or the protection and prevention services must give his/her expert opinion on the implementation and control of the safety and health conditions applying for the work carried out by young persons. The Government also indicates that the said derogations are communicated to the General Directorate of Occupational Conditions and Safety which shall advise the Occupational Health and Safety Council accordingly. All social partners participate in this Council which operates on a tripartite basis.

The Committee reminds the Government that pursuant to Article 3, paragraph 3, of the Convention, national laws or regulations of the competent authority may, after consultations with the organizations of employers and workers concerned, authorize employment or work as from the age of "16 years" on condition that the health, safety and morals of the young persons are fully protected and that they have received adequate specific instruction or vocational training. The Committee therefore once again requests the Government to indicate any measures taken or envisaged to give effect to this provision of the Convention by providing that no person under "16 years" of age may be authorized to perform hazardous work.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee had previously noted that section 1(3) of Presidential Decree No. 62 of 1998 lays down that, without prejudice to section 7, the provisions of Act No. 1837 of 1989 and of Decree No. 62 of 1998 do not apply to occasional light work of a short duration in agricultural, forestry and stock-raising activities within family undertakings. The Committee had also noted the Government’s indication that these exclusions were made in conformity with the present Article. The Government had further stated that work performed by young persons in these limited categories is excluded in view of the nature of work carried out by these categories which makes it virtually impossible to monitor the application of the provisions of the Convention in these categories of work. Moreover, the work carried out by children in the excluded categories is seasonal.

The Committee recalls that by virtue of Article 4, paragraph 2, of the Convention, a Government which has excluded limited categories of employment or work from the application of the Convention, must state in subsequent reports the position of its law and practice in respect of such categories. Consequently, the Committee asks the Government to state, in its next report, the position of its law and practice in respect of children engaged in occasional light work of a short duration in agricultural, forestry and stock-raising activities within family undertakings, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children engaged in occasional light work of a short duration in agricultural, forestry and stock-raising activities within family undertakings.

Article 8. Artistic performances. The Committee takes note of the Government’s indication that children who are not yet 15 years may take part in cultural activities. The Committee further notes that section 5(1) of Presidential Decree No. 62 of 1998 provides that, with the permission of the competent labour inspectorate, children who are at least three years of age may be admitted to employment in theatrical or musical performances or any other cultural events, advertising projects, fashion shows, radio or TV recordings or transmissions, etc., on condition that: (a) no harm is caused to their safety, health (physical or mental) and their physical, mental, moral or social development; and (b) they are not prevented from attending school regularly, participating in vocational guidance or vocational training programmes approved by the competent authority or from being able to benefit from the education provided to them. The permission mentioned in subsection (1) is, according to subsection (2), granted for each child separately and for an employment period, continuous or intermittent, which is not allowed to exceed three months in total per year for each child. Moreover, in accordance with section 3(3) of Act No. 1837 of 1989, in order to obtain a permit and for extensions thereof, the employer must submit a declaration that the measures essential for the protection of the young person have been taken, including the consent of the young person’s guardian and a medical certificate from the services of the National Health System (ESY) and from the General Assurance Foundation (IKA) to the effect that there is no risk to the physical or mental health of the young person in the work in question. The Committee takes due note of this information which is in conformity with Article 8 of the Convention.

Part III of the report form. Labour inspection. The Committee takes note of the Government’s indication that the Labour Inspectorate Body has been entrusted with the supervision of the application of the provisions of the labour legislation relating to adolescents’ protection at work. Through the Social, Technical and Sanitary Labour Inspectors, the Labour Inspectorate Body is entitled to impose penalties on employers and the parents or the guardians of the children for violations of the relevant labour legislation in accordance with section 18 of Act No. 1837 of 1989, section 17 of Act No. 2639 of 1998 and section 16 of Presidential Decree No. 62 of 1998.

Part V of the report form. Practical application of the Convention. The Committee notes that the Government’s report contains no information on this point. It therefore asks the Government to provide information on the manner in which the Convention is applied in practice, including, if possible, statistical data by age group on the number of children engaged in any form of employment or work, and the occupations or types of work involved, extracts from the reports of inspection services and information on the number and nature of contraventions reported.