Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the information supplied by the Government in its report.

Article 2 of the Convention. Minimum age for admission to employment or work in underground mines. Following its previous comments, the Committee notes that the draft Ministerial Order determining the nature, the categories of enterprises and the list of types of work prohibited to children under 18 years of age has been communicated by the Government. The Committee notes with interest that according to sections 2(d) and 3 of this draft Ministerial Order, work that is accomplished underground is considered dangerous and is prohibited for children under 18. Furthermore, according to sections 15 and 17 of the same Order, children under 18 may not perform night work in industrial enterprises, which includes mines, quarries and industries of substance extraction of any nature. The Committee expresses the hope that this draft Ministerial Order will be adopted in the near future and requests the Government to supply a copy of it as soon as it has been adopted.

Article 4, paragraph 1. Penalties. The Committee had previously noted that section 195 of Act No. 51/2001 contains no express provisions for appropriate penalties in case of contraventions of the minimum age for employment in mines. The Committee observes that section 36 of the draft Ministerial Order determining the types of hazardous work provides that a violation to the Order is punishable according to the penalties contained in section 194 of
Act No. 51/2001, which imposes a fine of 10,000 to 50,000 francs and adds imprisonment for 15 days to six months in case of recidivism. The Committee takes due note of this information.

Article 4, paragraph 2. Appropriate inspection services. Following its previous comments, the Committee notes the Government’s statement that information on the implementation of the provisions which require inspections in mines and quarries to be carried out by experts, who can themselves require that children undergo examination by a qualified doctor, will be provided once the Child Labour Survey, which is currently in process, is finalized. The Committee trusts that the Government will communicate all relevant information in this regard to the Office as soon as it becomes available.

Article 4, paragraphs 4 and 5. Records of employment to be made available to labour inspectors and workers’ representatives. In its previous comments, the Committee had recalled that, under the terms of the Convention, the employers’ registers presented to the inspectors must indicate, for each person aged below 20 years employed or working underground, in addition to his/her date of birth, duly certified if possible, the date on which the worker was employed or worked underground at the enterprise for the first time. The Committee had also requested the Government to take measures to oblige the employer to provide a list of the persons aged below 20 years employed or working underground, indicating for each worker the abovementioned information, to the workers’ representatives, at their request. The Committee notes that section 35 of the Ministerial Order determining the types of hazardous work provides that the employer must indicate, in his/her register, the names, dates of birth and dates of engagement in the enterprise, of each worker under the age of 18. It notes that the same section provides that the information kept in these registers must be communicated to the workers’ representatives within eight days of a request made to that effect. However, the Committee points out that the Ministerial Order does not impose the same obligation on employers for workers aged between 18 and 20 years. The Committee requests the Government to take the necessary measures to ensure that workers aged between 18 and 20 years are included in the employers’ registers and that the information that concerns them is also made available to workers’ representatives.