Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the concise information provided in the Government's report in reply to its previous comments. It also notes the new Labour Code adopted in 1997. However, the Committee notes that, notwithstanding its previous requests, the Government did not take advantage of the legislative reviews to ensure full legislative compliance with the Convention.

Article 12, paragraphs 2 and 3, of the Convention. The Committee notes that the 1997 Labour Code repeals the Individual Labour Relations Act of 1981. However, it notes that the new Labour Code, as the Act of 1981, only provides for the modality for reimbursement (section 37(1)(b)), and does neither set a maximum amount of advances which may be made to workers by the employer, nor ensure that any advances in excess of the prescribed amount shall be legally irrecoverable. The Committee wishes to point out that the provisions of section 37 of the 1997 Labour Code are insufficient to fulfil the requirements of Article 12 of the Convention. It recalls that this Article provides that, in addition to the manner of repayment of advances on wages, the maximum amounts of advances on wages, including those which may be made to a worker in consideration of his taking up employment shall be regulated by the competent authority (paragraph 2). Moreover, this authority shall make legally irrecoverable any advance made in excess of the amount laid down (paragraph 3).

Given that these points have been raised in its comments since 1984, the Committee hopes that the Government will take in the near future measures to give full effect to these provisions of the Convention.

Article 15, paragraphs 2 and 3. The Committee notes the provisions of section 21 of the 1997 Labour Code concerning the conditions of employment of young persons. It notes in particular that section 21(3) of this Code provides that "it shall be forbidden to employ young persons under the age of 12, except in: (a) the State's training schools; (b) non-profitable training workshops; (c) jobs supervised by his family members in establishments which do not employ other persons; (e) jobs performed under apprenticeship contracts". The Committee also notes that according to the 1997 Labour Code, the Minister, his delegate or the competent authority is in certain respects required or empowered to adopt regulations concerning conditions of employment of young people. The Committee requests the Government to indicate: (i) the prescribed school-leaving age, and (ii) to what extent measures have been taken to prohibit the employment of persons below the school-leaving age during the hours when the schools are in session in areas where educational facilities are provided on a scale adequate for the majority of the children of school age. The Committee also requests the Government to forward in its next report a copy of any regulations that may have been adopted regarding the conditions of employment of young people.

[The Government is asked to report in detail in 2001]