Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Minimum Age Convention, 1973 (No. 138) - Honduras (Ratification: 1980)

The Committee notes the Government's reply to its previous comments. It notes in particular the tripartite deliberations which took place in this connection in 1988.

Article 2 of the Convention. (a) The Government indicates in its report that the above-mentioned tripartite deliberations concluded that section 131 of the Labour Code should be amended in order to extend protective measures envisaged by sections 32 and 33 of the Code to young persons employed by agricultural and stockbreeding undertakings that do not permanently employ more than ten workers. Please indicate whether any measures have been undertaken to make the necessary amendments. The Committee notes, in this connection, that it will also be necessary to amend section 2, subsection 1, of the Labour Code so as to apply the minimum age provisions to this group of agricultural workers.

(b) The Committee trusts that attention will be given to the fact that the Convention requires that the minimum age of admission to work or employment also applies to work done by young persons outside an employment relationship, for instance in performing work on their own account. Please indicate what measures have been taken or are contemplated in this connection.

Article 3. The Committee notes that the deliberations agreed on the need to fix the minimum age at 18 years in respect of certain unhealthy or dangerous jobs or jobs regarded as prejudicial to morality or decency, and for a list of such jobs to be determined in co-operation with the organisations concerned. The Committee hopes that such provisions will be adopted soon and that they will also include the revisions of the corresponding sections of the Code (sections 129 and 134). The Committee recalls in this connection that the Convention allows exceptions to the general prohibition on employing young persons under the age of 18 years for young persons having reached the age of 16 years, on the condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity.

Article 7. The Committee notes the position expressed during the tripartite deliberations that the Labour Code ensures sufficient protection to persons under the minimum age who have been authorised to work by the competent authority. It has to recall that under section 32, subsection 2, of the Labour Code, the authorities responsible for supervising the work of persons under the age of 14 years may authorise these persons to work if they consider that such employment is essential to the subsistence of the young persons themselves, their parents, brothers or sisters, and that it does not prevent them from obtaining the minimum requirements of compulsory education. This section does not meet all the requirements of the Convention providing that:

(a) the employment of young persons who have not reached the minimum specified age can only be authorised:

- from the age of 12, in the event of the country having specified a minimum age of 14 years (Article 7, para. 4, of the Convention);

- for light work that is not likely to be harmful to their health or development and which is not likely to prejudice their attendance at school or their training (Article 7, para. 1); and

(b) the competent authority shall determine the activities in which employment is authorised and shall prescribe the number of hours and the conditions of this employment (Article 7, para. 3).

The Committee therefore requests the Government to reconsider its position and to take the necessary measures to ensure that authorisations granted under section 32, subsection 2, of the Labour Code conform to the provisions of the Convention.

Article 9, paragraph 3. The Government does not appear to consider necessary any amendment to section 131 of the Labour Code, which provides for the keeping of registers of young persons under 16 years of age, whereas the Convention requires the keeping of this register for young persons under 18 years of age. The Committee requests the Government to re-examine this question and to indicate what measures have been taken or are contemplated to provide for the keeping of a register of persons of less than 18 years of age in accordance with the Convention.

The Committee requests the Government to indicate whether the Health Code referred to in section 128 of the Labour Code has been adopted; and if so it would appreciate receiving a copy of the Code.