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

The Committee notes that the Government's report has not been received since the indication in 1993 of its intention to repeal section 96 of the Labour Code. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Application of the Convention to work or employment performed outside an employment relationship. In its previous comments, the Committee noted that, under section 8 of the Labour Code, the provisions of the Code concerning the protection of young persons do not apply to work done by young persons outside an employment relationship on their own account. Since the Convention, under Article 2, paragraph 1, applies to all types of work or employment (including work performed by children and young people), it asks the Government to indicate the measures taken or envisaged to extend the protection laid down in the Code to young persons engaged in employment or work on their own account or outside an employment relationship.

The Government stated in its previous report that the departments concerned cooperate with regard to regulating the work of persons engaged in work on their own account. While noting this information, the Committee is bound to point out that national practice in this respect is not adequate to give effect to the Convention. Consequently, it once again requests the Government to bring its legislation into full conformity with the Convention on this point when the Labour Code is revised.

2. Application of the Convention to family undertakings. The Committee also noted that, under section 96 of the Labour Code, the provisions of the Code establishing protection do not apply to young persons employed in a family undertaking under the authority and supervision of the husband, father, mother or brother. Since the Convention does not provide for any exceptions with regard to work performed in family undertakings, the Committee asks the Government to indicate the measures taken or envisaged to extend the provisions giving effect to the Convention to the undertakings referred to in section 96. In this connection, it pointed out that the Government could use Article 7 of the Convention, which authorizes the employment of children between 13 and 15 years of age in light work which is not likely to be harmful to their health or development or to prejudice their attendance at school or their training. In this context, the competent authority must not only determine the activities in which employment or work may be permitted but also prescribe the number of hours and the conditions of such employment.

The Committee notes the Government's earlier reply to the effect that work by young persons in family undertakings is performed in suitable conditions. The Government also referred to Act No. 118 of 1976 respecting compulsory education which lasts for a period of six years and begins at age 7 which, according to the Government, in practice implies that the age of admission to work is 14. The Committee notes that the practice described by the Government is not consistent with the requirements of the Convention on this point. Furthermore, in the absence of the provisions contained in Article 7, this practice could be contrary to the general prohibition from employing children under 15 years of age set out in Article 2 of the Convention. The Committee once again asks the Government to inform it of the measures taken or envisaged to restrict employment of children under the prescribed minimum age to the cases and conditions laid down in Article 7 of the Convention.