Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 8 of the Convention. Artistic performances. In its previous comments, the Committee noted that the Decree of 29 December 2004 prohibits the employment of any minor under 18 years of age as an actor or performer in public performances without the written authorization of the official responsible for labour inspection, following consultation with the minor’s guardian. The Committee also noted the Government’s indication that the Decree of 29 December 2004 does not establish the particulars of the authorization from parents and the labour inspector, or the penalties to be applied in the event of violation, and that the law establishes the details concerning working hours and working conditions. In this regard, the Committee noted that section 145 of the Labour Code provides that “no minor under 18 years of age may, without the prior individual authorization in writing of the official responsible for labour inspection, granted following consultation with the minor’s guardian, be employed as an actor or performer in public performances organized by enterprises, the list of which shall be determined by regulation. The official responsible for labour inspection may withdraw the authorization previously granted, either on his own initiative or on the initiative of any authorized person”. The Committee noted, however, that this provision does not provide that permits granted to minors under 18 years of age under the Decree of 29 December 2004 must limit the number of hours during which and prescribe the conditions in which such employment or work is allowed.

The Committee notes that the Government reiterates in its report that permits granted by the labour inspector do not contain provisions relating to the working conditions of children in public performances. The Committee reminds the Government that under Article 8 of the Convention, permits granted to allow minors under 18 years of age to participate in artistic performances shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee therefore requests the Government to take the necessary steps to bring the national legislation into conformity with Article 8 of the Convention, so that permits granted to minors under 18 years of age allowing them to participate in artistic performances limit the number of hours during which and prescribe the conditions in which employment or work is allowed.