Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 5, paragraphs 1 and 4(a), and Article 7, paragraph 1, of the Convention. Exclusion from the scope of application and light work. In its previous comments, the Committee had noted the Government’s statement that upon ratification it wished to exclude from the scope of the Convention “non-remunerated traditional types of farm or rural work carried out by children under 15 years of age in the family context which are intended to improve their integration into their environment and social context”. The Committee had also noted that under section 1(2) of Ministerial Order No. 3748 of 6 June 2003 on child labour and section 1(1) of Ministerial Order No. 3750 of 6 June 2003 establishing the nature of dangerous work prohibited for children and young people, the minimum age of 15 years may be reduced to 12 years for work carried out in the family context which does not jeopardize the child’s health, morals or schooling. The Committee notes that, according to the Government, pursuant to local Order No. 3723 IT of 17 September 1954 issuing a waiver from the age of admission to employment, which is still in force, the work concerned is seasonal in nature such as picking and sorting on plantations. The Government further indicates that no waivers from the minimum age for employment may be granted that would be liable to breach the rules on compulsory schooling. The Committee requests the Government to indicate whether the seasonal work such as picking and sorting in plantations, referred to in section 1(2) of Ministerial Order No. 3748 and section 1(1) of Ministerial Order No. 3750 is included in the exclusion specified by the Government upon ratification, namely “non-remunerated traditional types of farm or rural work carried out by children under 15 years of age in the family context which are intended to improve their integration into their environment and social context”. If not, the Committee requests the Government to take the necessary steps to raise the minimum age for access to light work to 13 years, as required by Article 7, paragraph 1, of the Convention.