Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Article 2, paragraph 1, of the Convention. 1. Scope of application. In its previous comments, the Committee had noted that section 1(3), of Act No. 13, of 2003 (Manpower Act), read in conjunction with section 50 of the same Act, stipulates that a worker is every person who works for a wage or other form of remuneration and that an employment relation exists because of the existence of a work agreement between the entrepreneur and the worker/labourer. It would appear that the Manpower Act excludes from its application children who are engaged in self-employment or in employment without a clear wage relationship. The Committee notes that the Government has agreed to formulate a bill on government regulation concerning handling working children in the informal sector in conformity with section 75, of Act No. 13, of 2003, which stipulates that the Government is obliged to make efforts to overcome problems concerning children who work outside an employment relationship and that such efforts shall be determined in a Government regulation. The Committee requests the Government to provide a copy of the new legislation as soon as it has been adopted.

2. Minimum age for admission to work or employment. The Committee had previously noted that section 68 of the Manpower Act provides that entrepreneurs are not allowed to employ children, and that a child is a person under 18 years of age by virtue of section 1(26). The Committee had requested the Government to indicate the application of these provisions in practice. The Committee notes the Government’s indication that in practice, children between 15 and 18 years of age are only allowed to carry out work that does not stunt or disrupt their physical, mental and social development.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that the Government, after consultations with organizations of employers and workers concerned, has issued regulations determining which types of hazardous work for children under 18 years of age, as required by Article 3, paragraph 2. It requests the Government to supply a copy of Decision No. Kep-235/Men/2003 concerning the types of work harmful to the health, safety and morals of the child.

Article 6. 1. Apprenticeship. In its previous comments, the Committee noted that section 70(1) of the Manpower Act stipulates that children may be allowed to do a job or a piece of work at a workplace as part of their school’s education curriculum or training which has been made legal by the authorities. Subsection (2) states that these children may not be younger than 14 years of age. The Committee notes the Government’s indication that the sort of jobs authorized by virtue of section 70(1) of the Manpower Act should meet the requirements of section 70(3) of the Act: (a) that the children are given clear-cut instructions on how to do their jobs as well as guidance and supervision on how to carry out the work; and (b) that the occupational safety and health of the children are protected. The Committee takes due note of this information.

2. Vocational training. In its previous comments, the Committee noted that section 4 of the draft Government regulation on the protection of working children provides that children aged 13-15 years old may take a job as a part of the curriculum of their education or training. The Committee recalls that Article 6 of the Convention only permits exceptions in the case of work done by children and young persons in schools for general, vocational or technical education or in other training institutions, where such work is carried out in accordance with conditions prescribed by the competent authority and is an integral part of a course of education or a training programme. The Committee requests the Government to provide a copy of the abovementioned draft Government regulation once it has been adopted.

Article 7, paragraph 3. Determination of types of light work. The Committee notes that section 69(1) of the Manpower Act allows the employment of children aged between 13 and 15 years of age for light work as long as the job does not stunt or disrupt their physical, mental and social development, in accordance with Article 7, paragraph 1 of the Convention. The Committee further notes that section 69(2) of the Manpower Act provides that entrepreneurs who employ children for light work as referred to under subsection (a) must meet the following requirements: (a) the entrepreneurs must not require the children to work longer than three hours a day; (b) the entrepreneurs shall employ the children to work only at day or during the day without disturbing their schooling; (e) in employing the children, the entrepreneurs shall meet occupational safety and health requirements. The Committee recalls that according to Article 7, paragraph 3,of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee takes note of the Government’s report in which it states that ongoing discussions are being held regarding the criteria for the types of light work activities that may be performed by children aged between 13 and 15 years old. Once agreement has been reached upon the criteria in question, the types of light work activities will be determined in a Government regulation. The Committee requests the Government to provide a copy of the Government regulation determining light work activities once it has been adopted.

Article 8. Artistic performances. In its previous comments, the Committee had noted that section 71(1) of the Manpower Act provides that children may work or have a job in terms of developing their talents and interests. The Committee had noted that under subsection (2) of section 71 of the Manpower Act, entrepreneurs who employ children as referred to under subsection (1) are under an obligation to meet the following requirements: (a) that the children are put under direct supervision of their parents or guardians; (b) that the children are not required to work longer than three hours a day; and (c) that the working conditions and environment where the children work do not disrupt their physical, mental and social development, as well as their education and attendance at school. The Committee had also noted that subsection (3), of section 71, of the Manpower Act provides that provisions concerning children who work to develop their talents and interests, as referred to under subsections (1) and (2), shall be regulated with a ministerial decision. The Committee had requested the Government to indicate if such a ministerial decision had been issued. The Committee notes that the Government, after discussions with the organizations of employers and workers concerned, has adopted a decision regulating the work performed by children developing their talents and interests, as required by subsection (3), of section 71, of the Manpower Act. The Committee requests that the Government provide a copy of the Decision No. Kep-115/Men/VII/2004 concerning the protection of children who work to develop talents and interests.

The Committee notes the Government’s indication that children or young persons of compulsory school age may undertake artistic activities. The Committee recalls that recourse to this provision of the Convention is conditional upon the granting of individual permits for such purposes as artistic performances, specifying the number of hours during which and the conditions in which employment or work is allowed. The Committee notes the Government’s statement that persons who employ talented children have an obligation to report this to the competent authority at the municipality/district level, and to submit copies to the Minister of Manpower and Transmigration, by using report forms provided by the authorities. The report should be received no later than 14 days prior to employment. The Committee requests the Government to indicate whether these reports specify the number of hours during which, and the conditions in which, employment or work is allowed, as required by Article 8, paragraph 2, of the Convention.

Article 9, paragraph 3. Keeping of registers. In its previous comments, the Committee noted that there is no provision in the Manpower Act or in any other available legislation that prescribes that a register is kept and made available by the employer. The Committee recalls that, under Article 9, paragraph 3, of the Convention, such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. As the Government’s report does not contain information on this issue, the Committee again asks the Government to indicate measures taken or envisaged to comply with the Convention concerning the keeping of registers.

Part V of the report form. Practical application of the Convention. The Committee notes that the Government’s report contains no information on the general application of the Convention. It therefore invites the Government to supply information on the manner in which the Convention is applied, including, for example the report of inspection services and information on the number and nature of contraventions reported.