Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

Further to its previous comments, the Committee notes the ample information supplied by the Government, including a copy of the Health Code (Decree No. 65/91). It notes in particular the Government's indication that the draft Bill, of which a copy is attached to the report, has been prepared to be submitted to the National Congress for approval to introduce the necessary amendments to the Labour Code in order to bring it into conformity with the requirements of the Convention. The Committee therefore hopes that the necessary action will soon be taken in this connection and the revised Code will give full effect to the Convention, in particular on the following points raised in its previous direct request.

Article 2 of the Convention. The Committee noted previously that it would be necessary to amend section 2, subsection 1, of the Labour Code which excludes from its scope agricultural and stockbreeding undertakings that do not permanently employ more than ten workers so as to apply the minimum age provisions under sections 32 and 33 of the Code to this group of agricultural workers. It also pointed out that the Convention requires that the minimum age of admission to work or employment also applies to work done by young persons outside an employment relationship, for instance in performing work on their own account. The Committee notes the Government's indication that the envisaged reform of the Labour Code is so wide that it would also apply to agricultural workers, cattle-raising and also to work performed on the worker's own account. Noting the attached copy of the draft Bill does not include general provisions concerning its scope, it requests the Government to supply the relevant copy and information on the progress made in this reform.

Article 3. The Committee notes that under section 122 of the draft Bill, it is forbidden for minors under 18 years of age to perform the jobs that are defined as dangerous to their health, safety or morality by the Labour Code, the Health Code or regulations made by the Secretariat of Labour and Social Procedure. The Committee hopes that such provisions will be adopted soon including the list of jobs that are thus prohibited.

Article 7. The Committee recalls that the provisions of section 32, subsection 2, of the present Labour Code concerning the possibility of authorizing the work of children under 14 years were not in conformity with the requirements of the Convention on several points, i.e. children from the age of 12 (Article 7(4) of the Convention), and to light work that is not likely to be harmful to their health or development and which is not likely to prejudice their schooling (Article 7(1)) and the competent authority should prescribe the number of hours and the conditions of their employment (Article 7(3)). The Committee notes that the provisions of section 119 of the draft Bill respond to these requirements. It however points out that Article 7(3) also provides that the activities that may be considered as such light work should be determined by the competent authority. The Committee therefore requests the Government to take measures to give effect to this provision as well.

Article 9, paragraph 3. The Committee also notes that it is envisaged to amend section 131 of the Labour Code, which provides for the keeping of registers of young persons under 16 years of age, so as to bring it in line with the Convention which requires the keeping of this register for young persons under 18 years of age (draft Bill, section 124).

The Committee requests the Government to indicate any progress that has been made towards this reform of the Labour Code and to provide a copy of the Code when adopted.

As regards the draft Bill of the Childhood Code, of which a copy is also attached to the report, the Committee notes that some of its provisions differ from those of the above-mentioned draft Labour Code: for instance, section 121(2) prohibits any authorization of work for children under 14 years of age, while section 119 of the draft Labour Code fixes such limit at 12 years; section 123(3) of the Childhood Code allows exception to the prohibition of dangerous work from 16 years of age, which is not envisaged under the draft Labour Code according to the Government. The Committee requests the Government to indicate the developments in the discussion in the National Congress of this draft Bill of Childhood, and to clarify its relation between the above-mentioned reform of the Labour Code, with regard to the application of the Convention.