Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Minimum Age Convention, 1973 (No. 138) - Chile (Ratification: 1999)

The Committee notes the observations of the Single Central Organization of Workers of Chile (CUT-Chile), received on 3 November 2017.

Articles 1 and 3 of the Convention. National policy, hazardous types of work and application of the Convention in practice. In its previous comment, the Committee noted the survey carried out in 2012 on work by boys, girls and young persons (EANNA), undertaken by the Ministry of Social Development, the Ministry of Labour and Social Welfare and ILO/IPEC. It noted that, according to the EANNA, 6.6 per cent of children aged between 5 and 17 years were engaged in child labour, of whom 90 per cent were engaged in hazardous types of work. Finally, the Committee noted the Intersectoral Protocol on the detection and comprehensive protection for children engaged in hazardous work in agriculture, which recognizes the scope of child labour in the sector and sets out a four-stage plan to combat this practice.

The Committee notes the CUT-Chile’s observation that, since the EANNA was conducted in 2012, no surveys have been undertaken to assess the extent and nature of child labour in the country and that updated statistical data are required.

The Committee notes the reference by the Government in its report to the National Strategy for the Elimination of Child Labour and the Protection of Young Persons (2015–25), Crecer Felices (“Growing Up Happy”), the principal objective of which is the lasting elimination of child labour. The Government adds that, in 2015, the Programme to Combat Child Labour and the Social Observatory against Child Labour commenced two qualitative evaluation processes, one on child labour in the agricultural sector in the regions of Maule, Biobio and La Araucanía, and the other on child labour in commerce in the regions of Antofagasta, Valparaíso and Metropolitana. The Government indicates that these studies, carried out in 2016, show that young persons enter the world of work early and that, in more rural areas, teachers play an important role in keeping children at school. The Committee also notes with interest that, according to the Government, within the framework of the Intersectoral Protocol on the detection and comprehensive protection for children engaged in hazardous work, Decree No. 2 of 13 January 2017 amended and updated Decree No. 50 of 11 September 2007, which determines the list of activities considered to be hazardous for the development and health of persons under 18 years of age.

Finally, the Committee takes due note of the information provided by the Government concerning the complaints received by the Labour Department of violations relating to child labour in 2015 and 2016, and the number and nature of the penalties imposed. The Committee requests the Government to continue its efforts, particularly within the context of the Strategy and Protocol referred to above, to ensure the progressive elimination of child labour, including in hazardous types of work. The Committee also requests the Government to provide updated statistical information on the nature, extent and trends of child labour and work by young persons who have not reached the minimum age specified by the Government when ratifying the Convention, and to continue providing information on the number and nature of the violations recorded and the penalties imposed.

Article 2(1). Scope of application. The Committee previously noted that the Labour Code does not apply to employment relationships that are not based on a formal contract, such as children working on their own account. However, it noted that children engaged in this type of work are covered by the “Puente Programme”. This Programme provides support to families on condition that children under 18 years of age have not left school to work and are no longer engaged in hazardous types of work or in the worst forms of child labour.

The Committee takes due note of Act No. 20.595 of 2013 which establishes the Security and Opportunities Subsystem and the Ethical Family Income Programme (IEF). The Government indicates that, as the IEF provides support for families in situations of extreme poverty, without applying the conditions of the Puente Programme, it has brought an end to the latter Programme. However, it indicates that the Puente Programme benefited a total of 347,135 families. The Committee requests the Government to pursue its efforts, in the context of the Ethical Family Income Programme, to ensure that no children under 15 years of age are engaged in child labour, including in the informal economy. It requests the Government to provide information on this subject.

Article 8. Artistic performances. In its previous comment, the Committee noted that section 16 of the Labour Code provides that authorization for young persons under 15 years of age to participate in artistic performances may be granted by a legal representative or by the family court. It observed that, even though the family court may be mandated as the competent authority to grant authorization for participation in an artistic performance, the authorization of the legal representative of the young person, such as the parents, grandparents or guardians, was not sufficient to fulfil the requirements of the Convention.

The Committee notes with satisfaction that Act No. 20.821 of 18 April 2015 amends section 16 of the Labour Code by making the possibility for young persons under 15 years of age to participate in artistic performances subject to the dual condition of being explicitly authorized by their legal representative and by the family court.