Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 2, paragraph 1, of the Convention. Minimum age of admission to work in itinerant trading. In reference to its previous comments, the Committee notes the information provided by the Government which indicates that, under article 2A(a) of Youth Labour Law No. 5713-1953, as amended in 1995, a child who is not yet 15 years of age, but who is 14, can be employed during school holidays to do light work which is not harmful to his health or development, determined by the Minister of Industry, Trade and Labour and in accordance with prescribed conditions and hours of work.

Article 2, paragraph 3. Age of completion of compulsory schooling. Further to its previous comments, the Committee notes the information supplied by the Government according to which, pursuant to Compulsory Education Law No. 5709-1949, education is compulsory for children from 3 to 15 years of age.

Article 3. 1. Age of admission to hazardous work. In its previous comments, the Committee noted that, under the terms of article 7 of Youth Labour Law No. 5713-1953 (hereafter referred to as Law No. 5713-1953), the Minister of Labour and Social Welfare may, by means of regulations, prescribe that a juvenile who has not yet attained a certain age shall not be employed in certain work if, in the opinion of the Minister, such work is likely to prejudice the health, well-being or physical, educational, spiritual or moral development of the juvenile. The Committee notes the Government’s information according to which, under the terms of Law No. 5713-1953, the term juvenile refers to a person under 18 years of age and that, consequently, the minimum age for admission to hazardous work is 18.

2. Determination of hazardous work. The Committee notes that, according to the Government’s information, regulations have been adopted in pursuance of Work Safety Ordinance No. 5730-1970. An English translation will be submitted to the Office in the Government’s next report.

3. Hazardous work as from 16 years. In its previous comments, the Committee noted that, under article 5 of Law No. 5713-1953, a child under the age of 15 years shall not be employed in a place prescribed by the Minister of Labour and Social Welfare if the latter considers that the employment of a child in such a place is liable to endanger his physical, psychological or educational development because of the nature of the work, its location or for any other reason. The Committee requested that the Government ensure the application of Article 3, paragraph 3, of the Convention by providing that no person under 16 years of age would be authorized to engage in hazardous work. In response, the Government points out that the term child refers to a person who has not yet reached the age of 16. Whilst noting the Government’s information, the Committee points out that article 5 of Law No. 5713-1953 specifies a child under the age of 15. The Committee therefore reiterates its request that the Government provide information on the measures that have been adopted or envisaged to give effect to Article 3, paragraph 3, of the Convention by providing that no person under 16 years of age shall be authorized to engage in hazardous work.

Article 6. 1. Minimum age for admission to apprenticeship. The Committee previously noted that, under article 5 of Apprenticeship Law No. 5713-1953, the Minister of Labour may prescribe by regulations, either generally or in respect of a particular trade, the minimum age and minimum education required of a prospective apprentice as preconditions of apprenticeship. The Committee asked the Government to specify the minimum age required for admission to an apprenticeship. The Committee notes the Government’s information indicating that young people may begin an apprenticeship only after having completed their compulsory education, i.e. from the age of 15.

2. Apprenticeship and hazardous work. In its previous comments, the Committee pointed out that a cross-reading of articles 1 and 2 of Youth Employment Regulations (Prohibited Jobs and Restricted Jobs) No. 5756-1995 established that young persons under 16 years of age may be engaged in hazardous work during their apprenticeship. The Committee notes the Government’s information in which it is indicated that the regulated and supervised environment in which young persons are employed during an apprenticeship reduces the dangers they are exposed to. The work is performed merely for training purposes and is carried out under the supervision of a competent person. Lastly, the Committee notes that the competent authorities currently envisage the possibility of adopting regulations on young employed persons in accordance with Apprenticeship Law No. 5713-1953. The Committee requests that the Government provide information on any new developments in that regard.

Article 7, paragraphs 1 and 3. Determination of light work. In view of article 2(c) of Youth Labour Law No. 5713-1953, which provides that the Minister of Labour and Social Welfare may, in general or in specific cases, permit the employment of a child who is 14 years old and in respect of whom exemption has been granted from attending school, and article 27F of that same Law which sets out the conditions of employment that must be included in an employment permit for a juvenile, the Committee requested, in its previous comments, that the Government specify the activities permitted as light work and that it prescribe other conditions for such employment. In this regard, the Committee notes the Government’s information in which it is indicated that regulations determining the activities permitted as light work and the number of working hours allowed in this type of employment have not yet been adopted. However, the Government states that it will take the necessary steps to adopt regulations in the near future. The Committee requests that the Government inform it of any new development in that regard. Furthermore, it requests once again that the Government indicate whether employment permits have been granted under sections 2(c) and 27F of Youth Labour Law No. 5713-1953 and, where appropriate, to indicate the hours of work and conditions of employment or work to which they are subject.

Article 8. Artistic performances. The Committee notes the Government’s information in which it is indicated that consultations with employers’ and workers’ organizations were held prior to the adoption of the Employment of Youth Regulations (Employment of a Child in a Performance or Advertisement) of 1999. It also notes the text of a January 2000 amendment to article 2(a1) of the 1999 Regulations, which provides that it is possible to employ a child who is less than 1 year old subject to the following three cumulative conditions: (1) the public performance must have an educational or scientific purpose; (2) the participation of the child is vital to the performance; and (3) the consultative committee has unanimously determined the authorization modalities, the number of hours of work and the length of breaks.

As regards supplements containing a model form for a permit application for the employment of a child in a performance or advertisement, as referred to in sections 4A and 5(11) of the Employment of Youth Regulations (Employment of a Child in a Performance or Advertisement) of 1999, the Committee notes the information provided by the Government in which it is indicated that the English translation has not yet been completed and that it will be submitted in the Government’s next report.

Article 9, paragraph 3. Employers’ registers. The Committee previously requested that the Government indicate whether regulations providing that employers shall keep a register had been adopted, as required under article 31 of Youth Labour Law No. 5713-1953. It notes the Government’s intention to submit information on this matter at a later date. The Committee hopes that the Government will be able to provide such information in the near future.

Part V of the report form. Application of the Convention in practice. The Committee notes the statistics on child labour submitted by the Government. According to those statistics, a total of 21,400 juveniles under the age of 18 currently work. Five thousand of them only work and 16,200 work and attend school. However, no information is available on the school attendance of 2,000 of those who work. The Committee requests that the Government continue to submit information on how the Convention is applied in practice, including, for instance, statistics on child and youth employment, extracts from inspection service reports and information on the number and nature of contraventions reported, as well as the penalties applied. In so far as possible, the information provided should be classified according to sex and age.

With regard to Amendment No. 10, which amended article 38(a) of Youth Labour Law No. 5713-1953, the Committee notes the Government’s indication that the English translation has not yet been completed and that the text will be submitted shortly. The Committee hopes that the Government will be able to submit the text of Amendment No. 10 in its next report.