Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 138) sur l'âge minimum, 1973 - Mozambique (Ratification: 2003)

Autre commentaire sur C138

Observation

2022
2018
2015
2012

Demande directe

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Article 2(1) of the Convention. Scope of application. 1. Children working on their own account and in the informal economy. In its previous comments, the Committee noted that pursuant to sections 1 and 2 of the Labour Law No. 23/2007 (Labour Law), this Law only applies in the context of a labour relationship. It had noted the Government’s indication that, in Mozambique, there is no specific regulation governing children who are working outside of an employment relationship, such as those working in the informal economy. In this regard, the Committee had noted the Government’s statement in its report to the Committee on the Rights of the Child that informal trade is one of the most common forms of labour in which children are involved in Mozambique (CRC/C/MOZ/2, paragraph 356).

The Committee notes the Government’s information that the labour inspectorate is competent in all legal employment relationships established between employers and employees. The Committee once again reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment and work, whether or not there is a contractual employment relationship. In this regard, referring to the General Survey of 2012 on the fundamental Conventions, paragraph 343, the Committee points out that child labour in the informal economy can be addressed through monitoring mechanisms, including through labour inspection. The Committee therefore requests the Government to take the necessary measures to ensure that all children, including self-employed children and children working in the informal economy, benefit from the protection laid down in the Labour Act. In this respect, it requests the Government to review the relevant provisions of the Labour Law in order to address these gaps as well as to take measures to strengthen the capacity and expand the reach of the labour inspectorate so as to enable it to monitor child labour in the informal economy. It requests the Government to provide information on the measures taken in this regard.

2. Domestic work. The Committee previously noted section 4(2) of the Regulations on Domestic Work (Decree No. 40/2008) which prohibits domestic work by children under 15 years, while permitting children of 12 years to be hired for domestic work with the permission of a legal representative. The Committee requested the Government to take the necessary measures to ensure that no child under the age of 15 years is permitted to engage in domestic work, except under the specific conditions laid down in Article 7 of the Convention for light work.

The Committee notes that the Government’s report does not provide for a response to its previous comments. Observing that the Regulations on Domestic Work allow children of 12 years of age to be employed for domestic work, the Committee once again reminds the Government that pursuant to Article 2(1) of the Convention, no person under the minimum age (of 15 years) may be engaged in any economic activity, including in domestic work, with the exception of light work for children of at least 13 years of age that can only be carried out under conditions laid down in Article 7 of the Convention. The Committee therefore urges the Government to take the necessary measures to ensure that no person under the age of 15 is permitted to engage in domestic work, except under the specific conditions laid down in Article 7 of the Convention for light work.

3. Rural work. The Committee previously noted the Government’s statement that the minimum age for admission to employment established in the Labour Law (of 15 years of age) applied to children working in rural work. It also noted the statement by the CRC, in its concluding observations, that child labour remained a common practice on commercial cotton, tobacco and tea plantations and on family farms where children may, for example, herd livestock (CRC/C/MOZ/CO/2, paragraph 79). The Committee further noted that according to the Multiple Indicators Cluster Survey (MICS) report, in rural areas, 25 per cent of children were engaged in child labour, compared to 15 per cent in urban areas. The Committee moreover noted that the proposal for an instrument on rural work was under discussion.

The Committee notes the Government’s information that the regulation on rural labour is anticipated to be passed by 2019. Expressing its concern at the situation of children involved in child labour, especially in agriculture, the Committee once again requests the Government to take the necessary measures to ensure that the minimum age of 15 is applied in practice to this sector. It also requests the Government to provide information on the number of children under 15 years working in the rural sector. The Committee further requests the Government to provide information on any progress made with regard to the adoption of the regulation on rural work.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that the age of completion of compulsory schooling (13 years) was two years below the minimum age for admission to employment or work (15 years). The Committee accordingly requested the Government to consider raising the age of completion of compulsory education so as to coincide with that of the minimum age of 15 years for admission to employment or work.

The Committee notes the absence of information in the Government’s report on this point. The Committee therefore once again emphasizes the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided for under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). In cases where these two ages do not coincide, various problems can arise. If compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions, paragraph 371). The Committee therefore urges the Government to take the necessary measures to raise the age of completion of compulsory education to 15 years so as to coincide with that of the minimum age for admission to employment or work. It requests the Government to provide information on any progress made in this regard.

Article 3(2). Determination of hazardous types of employment or work. The Committee previously noted the Government’s statement that no measures had been adopted to determine types of dangerous work prohibited to persons aged under 18 years. It also noted the information from UNICEF indicating that hazardous labour activities involving children were mostly related to farm work either in the cotton or tobacco industries.

The Committee notes the Government’s information that the hazardous work list has not yet been drawn up. However, the Government indicates that in 2014, labour inspectors underwent training from the ILO on how to develop a hazardous list. The Committee expresses the firm hope that the Government will take the necessary measures to develop and adopt a national list of types of hazardous work prohibited for persons under the age of 18, in accordance with Article 3(2) of the Convention. It requests the Government to provide information on any measures taken in this regard.

Article 6. Vocational training and apprenticeship. The Committee previously noted that Chapter IV of the Labour Law regulates vocational training and apprenticeship. It noted that under section 248(3) of the Labour Law, enterprises or establishments may not admit minors under 12 years of age for apprenticeships. Noting the absence of information in the Government’s report, the Committee once again reminds the Government that Article 6 of the Convention authorizes work to be carried out by young persons within the context of an apprenticeship programme only from the age of 14 years. In this regard, the Committee once again requests the Government to take the necessary measures to ensure that no minor under 14 years of age is permitted to enter into an apprenticeship programme, in conformity with Article 6 of the Convention.

Article 7(1). Minimum age for admission to light work. The Committee previously noted that, by virtue of section 21(1) of the Labour Law, an employment contract entered into directly with a minor between 12 and 15 years of age shall only be valid with the written authorization of the minor’s legal representative. In this regard, the Committee had recalled that, pursuant to Article 7(1) of the Convention, national laws or regulations may only permit the employment or work of persons of 13 to 15 years of age on light work, provided that such work is not likely to harm their health or development, or prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. 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 bring the Labour Law into conformity with Article 7(1) of the Convention by permitting children only from the age of 13 in light work.

Article 7(3). Determination of light work. The Committee previously noted that, under section 26(2) of the Labour Law, the Council of Ministers shall issue a legal authorization establishing the nature and the conditions of work that may be performed, in exceptional circumstances, by minors of between 12 and 15 years of age. It also noted the Government’s statement that children between the ages of 12 and 15 years may not be employed in work that is likely to be harmful to their health. The Committee further noted the statement in the Government’s report that the light work referred to in the Labour Law has not been classified.

The Committee notes the absence of information in the Government’s report on this point. The Committee once again reminds the Government that, pursuant to Article 7(3) of the Convention, the competent authority shall determine what constitutes 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 once again requests the Government to take the necessary measures to regulate this work by determining the types of light work activities permitted for children between the ages of 13 and 15, including the hours during which, and the conditions in which, such employment or work may be undertaken.

Article 9(3). Keeping of registers by employers. In its previous comments, the Committee noted that the Labour Law does not prescribe the registers to be kept by employers. It reminded the Government that under Article 9(3) of the Convention, national laws or regulations or the competent authority must prescribe the registers or documents concerning employees under the age of 18 and indicating their names and ages, which shall be kept and made available by the employer. Noting once again an absence of information in the Government’s report on this point, the Committee requests the Government to take the necessary measures to ensure that national laws or regulations or the competent authority prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, wherever possible, of persons under the age of 18 years who work for them, in conformity with Article 9(3) of the Convention.

The Committee strongly encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

The Committee is raising other points in a request addressed directly to the Government.