Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 138) sur l'âge minimum, 1973 - Dominique (Ratification: 1983)

Autre commentaire sur C138

Observation

Demande directe

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Article 2(1) and (3) of the Convention. Minimum age for admission to employment and age of completion of compulsory schooling. The Committee previously requested the Government to prohibit the employment of persons under 15 years of age, in conformity with the minimum age for admission to employment specified by the Government upon ratification of the Convention.

In this regard, the Committee notes with satisfaction that the Education Act (No. 11) provides for a minimum age for admission to work of 16 years of age: this Act prohibits employing a child of school age during the school year (pursuant to section 46(1)) and defines compulsory school age as 5 to 16 years of age (pursuant to section 1). The Committee also notes that section 46 of the Education Act of 1997 establishes a penalty of a fine not exceeding $2,000 for any person or corporation who employs a child of compulsory school age, as well as every director and officer of such a corporation who authorizes, permits or acquiesces in such contravention. Pursuant to section 45, any parent who neglects or refuses to cause a child of compulsory school age to attend school commits an offence and is liable to a fine not exceeding $1,000. The Committee further notes that the Education Act of 1997 provides for the designation of school attendance counsellors to assist with the enforcement of compulsory attendance (section 38), and that these counsellors may enter premises where it is believed that a child of compulsory school age is employed in contravention of the Act (section 40).

Article 2(2). Raising the initially specified age for admission to employment or work. Noting that the Government initially specified a minimum age of 15 years upon ratification, the Committee observes that the Education Act of 1997 provides for a minimum age for admission to work of 16 years of age. In this regard, the Committee takes the opportunity to draw the Government’s attention to the provisions of Article 2(2) of the Convention which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. This allows the age fixed by the national legislation to be harmonized with that provided for at the international level. The Committee would be grateful if the Government would consider sending a declaration of this nature to the Office.

Article 3(1). Minimum age for admission to hazardous work. The Committee previously noted that, according to section 7(1) of the Employment of Women, Young Persons and Children Act, no young person (under 18) shall be employed or work during the night in any public or private industrial undertaking, other than an undertaking in which only members of the same family are employed. However, the Committee observes that there is no other provision which prohibits the employment of young persons in work which is likely to jeopardize their health, safety or morals. In this regard, the Committee requests the Government to take the necessary measures to ensure that the performance of hazardous work is prohibited for all persons under 18 years of age.

Article 3(2). Determination of types of hazardous work. The Committee notes the Government’s statement in its report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), in 2009 that the social partners will be consulted for the determination of the list of types of hazardous work. Recalling that, pursuant to Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, the Committee requests the Government to provide information on any progress made with regard to the determination of the list of types of hazardous work to be prohibited for persons under 18 years.

Article 7(1). Light work. Minimum age for admission to light work. Following its previous comments, the Committee notes that, while the Education Act of 1997 prohibits the employment of persons under 16 during the school year, section 46 (3) permits the employment of a student over 14 years of age during vacation periods of the school year. The Committee observes that this minimum age of 14 years for admission to light work activities is in conformity with Article 7(1).

Article 7(3). Determination of types of light work. The Committee notes that while section 46(3) permits children from the age of 14 to be employed during school vacations (i.e. in light work), but observes that there does not appear to be a determination of the types of light work permitted for these children. In this regard, the Committee recalls that, pursuant to Article 7(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 therefore requests the Government to provide information on any measures taken or envisaged to determine the hours during which and the conditions in which light work may be undertaken by children above the age of 14 during vacations from school, pursuant to Article 7(3) of the Convention.

Article 9(3). Keeping of registers. The Committee previously noted that section 8(1) of the Employment of Women, Young Persons and Children Ordinance provided for the keeping of registers or lists by the employer of all persons employed who are less than 16 years of age. In this regard, the Committee recalled that Article 9(3) of the Convention requires the keeping of such registers for all persons who are less than 18 years of age. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to take the necessary measures to ensure that registers be kept and made available by the employer in respect of all children under 18 years of age. It requests the Government to provide information on any measures taken in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement in its report submitted under Convention No. 182 in 2009 that measures will be taken to broaden the existing mandate of the national inspectorate in order to cover child labour issues, in consultation with the social partners. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspections services and information on the number and nature of violations detected involving children and young persons.

The Committee encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. The Committee invites the Government to consider technical assistance from the ILO to bring its legislation into conformity with the Convention.