Minimum Age Convention, 1973 (No. 138) - El Salvador (Ratification: 1996)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. National policy for the eradication of child labour, labour inspection and application in practice. The Committee previously noted the measures adopted by the Government within the context of the road map to make El Salvador free from child labour and its worst forms and requested it to continue its efforts to remove children from child labour, especially those engaged in hazardous types of work. The Committee notes the Government’s indication in its report that, although the period of implementation of the road map has finished (2015–17), efforts have continued for the progressive elimination of child labour at the national level. In this regard, the Ministry of the Interior and Territorial Development, together with the Ministry of Labour and Social Welfare, have carried out awareness-raising campaigns on child labour. The National Council for Children and Young Persons, through local committees for the rights of children and young persons, has undertaken various dissemination, training and technical support activities related to the prevention and eradication of child labour in the different departments of the country. The Committee notes the extensive statistical data provided by the Government, according to which the number of children engaged in child labour fell from 141,609 in 2014 to 93,283 in 2019, and the sectors with the greatest incidence of child labour are: agriculture (41.2 per cent), where hazardous tools are used by children; and commerce, hotels and restaurants (32.2 per cent). It notes that the indicators of child labour below the minimum age and hazardous types of child labour fell between 2014 and 2019 from 2.9 to 2.0 per cent of children between the ages of 5 and 17 years for work below the minimum age and from 1.5 to 1.0 per cent for hazardous types of work, respectively; and that the total number of presumed victims of child labour in 2019, according to the reported crime information system, was 29 (including four children between 0 and 8 years of age, four children between 9 and 11 years of age and ten children between 12 and 14 years of age).

With reference to the labour inspections carried out on child labour, the Government indicates that the Standing Plan for Child Labour Inspections is continuing to be followed by the General Directorate of Labour Inspection at the national level. The Committee notes that the number of scheduled child labour inspections has decreased progressively from 1,155 inspections carried out in 2018, to 951 in 2019 and 557 in 2020. In this regard, the Government indicates that the decrease in the number of inspections in previous years was largely due to the COVID-19 pandemic, which reduced inspection-related activities. The Committee notes that the number of inspections in which children were identified as being engaged in child labour was six in 2018, two in 2019 and two in the period between January and May 2021.

While welcoming the information provided by the Government, according to which the rate of child labour fell between 2014 and 2019, the Committee requests the Government to continue providing information on the measures adopted to prevent child labour and ensure its progressive elimination, particularly for children and young persons engaged in hazardous activities, with an indication of the results achieved. Taking into account the Government’s indication that most child labour is concentrated in the agricultural sector, including hazardous types of work, and that on the other hand the number of labour inspections has decreased, the Committee encourages the Government to renew its efforts to strengthen the capacities of the labour inspection services so that they can monitor child labour in all sectors, including the informal economy. The Committee requests the Government to continue providing information on this subject, with an indication of the number and nature of the violations detected and the penalties imposed.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the low rate of school attendance by children and young persons in rural areas and requested the Government to continue taking the necessary measures to raise the school attendance rate of children below the minimum age for admission to employment, which is 14 years, particularly in rural areas. The Committee notes that, according to the statistics provided by the Government, in general, the school drop-out rate has fallen from 6.6 per cent in 2014 to 4.2 per cent in 2019. However, it observes that the school attendance rate for children up to the age of 14 years fell from 96.6 per cent in 2014 to 77.9 per cent in 2019. The Committee notes that the Government has continued implementing the accelerated education programme for the first and second cycles of basic education, as a means of enabling vulnerable persons, including children and young workers, to study at flexible times and in accordance with their needs. Between 2017 and May 2021 a total of 9,997 students have been covered by this programme. The Committee requests the Government to continue taking measures to increase school attendance and retention rates for children under 14 years of age (the minimum age declared by El Salvador for admission to employment) and to provide updated information on this subject, if possible disaggregated by department and age.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 2(1) and 4 of the Convention. Minimum age for admission to employment or work and application of the Convention in practice. In its previous comments, the Committee noted that 70 per cent of children engaged in work lived in rural areas and that 60 per cent of them were children between the ages of 14 and 17 years, engaged in hazardous types of work, despite a decrease in child labour for children between the ages of 5 and 17 years between 2012 and 2013. The Committee also noted the development and implementation of an information system to monitor child labour, developed with ILO assistance. The Committee requested the Government to continue providing information on the manner in which the Convention is applied in practice, including statistical data on work by children and young persons, extracts from the reports of the inspection services and information on the number and nature of the violations identified involving children.

The Committee takes due note of the information provided by the Government in its report according to which the child labour rate fell between 2009 and 2016 and that 59,000, girls, boys and young persons were freed from child labour. However, the Committee also notes a reduction in labour inspections related to child labour between 2014 (1,711 inspections) and 2017 (596 inspections), according to the Government’s report.

The Committee notes the latest information provided by the Government on the results achieved in the context of the road map to ensure that El Salvador is a country free of child labour and its worst forms. According to the multipurpose household survey carried out in 2015 concerning the economic activity of girls, boys and young persons between the ages of 5 and 17 years, it appears that: 2.7 per cent of children engaged in work are below the legal minimum age (14 years in accordance with sections 104 and 105 of the Labour Code); 1.5 per cent of children work in employment authorized by the law and 90 per cent of children do not work. According to the same survey, the Committee notes that the sector with the highest rate of child labour remains agriculture with 50.9 per cent of child workers, even though the Government indicates that there has been a decrease in children working in the agro-food industry. The Government’s report also notes a considerable decrease in children working in the economic activities of construction and industry.

The Committee notes that, according to the Government’s statistics, the rate of prevalence of hazardous types of work by children is 8.9 per cent (140,700 children and young persons) and is focused among children between 14 and 18 years of age, in their majority boys. The Committee notes that children in rural areas are more exposed than those in urban areas, particularly in the following activities: the handling of dangerous tools (46.5 per cent, compared with 29.1 per cent), work involving the inhalation of smoke or dust (44.6 per cent, compared with 34.5 per cent), workplaces with high temperatures or extreme humidity (43.3 per cent, compared with 27.7 per cent) and work involving the exposure of children to heavy loads (40.4 per cent, compared with 32.9 per cent).

The Committee notes the Government’s indications that the road map 2015−17 focused on child labour under the minimum age for admission to employment (14 years) and the worst forms of child labour between 14 and 17 years of age, while taking into account the context of the National Policy for the Comprehensive Protection of Children and Young Persons (PNPNA) and the Five-Year Development Plan 2015–19. The Committee takes due note of the results achieved through the activities undertaken in 2016 in various areas. With regard to health, the Government established a technical standard for comprehensive care (Decision No. 1064, of 21 July 2016) which emphasizes “a health policy guaranteeing the right to and comprehensive care for girls and boys and young persons at work and contributing to prevention and rehabilitation in the case of health complications of victims of child labour”.

The Committee notes the multiple awareness-raising activities undertaken by the Government for the prevention of child labour. Among others, the Ministry of Agriculture has trained 177 producers and 392 women producers on the problem of child labour. It has also reinforced the programme for the elimination of child labour in fishing and agriculture.

Finally, the Committee takes due note of the Instruction on social responsibility of 2015 (No. 02-2015) issued by the Public Administration Procurement and Recruitment Unit setting out “standards for the incorporation of sustainable criteria of social responsibility for the prevention and eradication of child labour in public procurement”. While noting the multiple measures adopted and the activities implemented by the Government for the eradication of child labour within the framework of the road map 2015–17, the Committee requests the Government to pursue its efforts in this regard, particularly with reference to children in rural areas and those engaged in hazardous types of work. The Committee once again requests the Government to continue providing information on the number of labour inspections undertaken by the Government for the elimination of child labour, including hazardous types of work, and to provide detailed information on extracts from the reports of the labour inspection services.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the programmes of action implemented by the Ministry of Education in the context of the Plan 2021, although it also noted the low attendance rate of young persons at secondary school and the high rate of school drop-outs. The Committee requested the Government to reinforce its efforts in this respect and to continue providing information on the measures adopted and the results achieved in the context of the Plan 2021.

The Committee notes from the Government’s report and according to the data of the General Directorate of Statistics and Census (DIGESTYC) the rates of work by children disaggregated by sex, age, geographical area and school attendance in 2016. The age range between 10 and 17 years accounts for the majority of child labour (69.4 per cent), and is mainly located in rural areas, with a school attendance rate of 59.8 per cent, with boys being more likely to engage in an economic activity than girls (75 per cent, compared with 25 per cent).

The Committee takes due note of the Government’s report, the planning of various social and educational activities to combat the problem of school drop-outs, such as the various flexible education models: evening school, remote learning, accelerated courses for adults wishing to complete their school programme, school with part-time attendance, as well as grants for higher education and several school food programmes throughout the country (the provision of dairy products, fruit and vegetables from the region). While noting the measures taken by the Government to reduce the school drop-out rate for children under the minimum age for admission to employment, which is 14 years, the Committee requests it to continue its efforts to increase the school attendance rate and reduce the school drop-out rate, particularly for children under 14 years of age in rural areas.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 2(1) and (4) of the Convention. Minimum age for admission to employment or work and application of the Convention in practice. In its previous comments, the Committee noted that 13,012 children and young persons had benefited from Phase II of the Time-bound Programme (TBP ), which ended in December 2009. Of the beneficiaries, 3,489 were removed from child labour and 9,523 were prevented from being engaged in work. The Committee also noted the adoption by the Government, in collaboration with ILO–IPEC, of a roadmap to free El Salvador from child labour and its worst forms (the Roadmap), which aims, under the Decent work in the Americas: An agenda for the hemisphere, to eliminate the worst forms of child labour by 2015 and the eradication of child labour in all its forms by 2020. Finally, noting the results of a 2008 and 2009 household survey, the Committee noted that children aged between 5 and 14 years represented 50 per cent of the total number of working children.

The Committee notes the Government’s latest information concerning measures which have been taken under the Roadmap, including actions taken by the Ministry of Justice and Public Security, the Ministry of Economy and the National Institute of young Children and Adolescents. The Committee notes the development and elaboration of an information system to monitor child labour (SIMETI), which was developed with ILO assistance. The Committee further notes the Government’s information concerning the results of labour inspections, according to which five cases of child labour were found in 2012, 15 cases were found in 2013 and, as of June, four cases have been found in 2014.

The Committee notes the 2013 household and multiple purpose survey (EHPM), which indicates that the number of children aged 5–17 years engaged in child labour decreased from 11.9 per cent in 2012 to 8.5 per cent (144,168) in 2013. However, the Committee notes that, of the 144,168 children engaged in child labour, over 70 per cent (approximately 100,917) live in rural areas and 60 per cent (approximately 88,519) are children aged 14–17 years who are engaged in hazardous work. While noting the measures taken by the Government to eradicate child labour within the framework of the Roadmap, the Committee nevertheless requests it to strengthen its efforts in this regard, particularly with respect to children in rural areas and those who are engaged in hazardous work. The Committee also requests the Government to continue 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 inspection services and information on the number and nature of violations detected involving children and young persons.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the detailed information provided by the Government on the programmes of action implemented by the Ministry of Education in the context of the Plan 2021, which included various measures to improve the quality of, and equal access to, education and increase school attendance rates, particularly for marginalized children or those from very poor families in rural and urban areas. The Committee also noted the Social Education Plan 2009–14, which aimed to encourage the participation of children in primary and secondary education and addresses, among others, children engaged in work. It further noted, however, the low rate of school attendance of adolescents in secondary education, as well as the high level of school drop-outs.

The Committee notes the Government’s detailed information concerning the programmes which have been implemented within the framework of the Plan 2021, including several scholarships for young persons to attend education in both rural and urban areas as well as, measures to further broaden access to universal education in areas of poverty. The Committee further notes the Government’s indication that the Social Education Plan 2009–14 has benefited 75 academic centres in 15 municipalities, and that 31,439 students participated in implementing pedagogical programmes.

The Committee takes due note of the Government’s continued measures to improve the quality of, and access to, education, as well as to incorporate child labour training modules into the education system. The Committee also notes, however, the statistical information provided by the United Nations Children’s Fund (UNICEF), which illustrates a continued disparity between the net enrolment rate in primary education (95.8 per cent of boys and 95.9 per cent of girls) and in secondary education (59.3 per cent boys and 60.8 per cent girls). The Committee accordingly requests the Government to strengthen its efforts to raise the school attendance rate and reduce the drop-out rate in secondary education. It also requests the Government to continue to provide information on the measures taken and on the results achieved in the context of the Plan 2021.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2(1) and (4) of the Convention. Minimum age for admission to employment or work and application of the Convention in practice. In its previous comments, the Committee noted that 13,012 children and young persons had benefited from Phase II of the Time-bound Programme (TBP), which ended in December 2009. Of the beneficiaries, 3,489 were removed from child labour and 9,523 were prevented from being engaged in work. The Committee also noted the adoption by the Government, in collaboration with ILO–IPEC, of a roadmap to free El Salvador from child labour and its worst forms (the Roadmap), which aims, under the Decent work in the Americas: An agenda for the hemisphere, to eliminate the worst forms of child labour by 2015 and the eradication of child labour in all its forms by 2020. Finally, noting the results of a 2008 and 2009 household survey, the Committee noted that children aged between 5 and 14 years represented 50 per cent of the total number of working children

The Committee notes the Government’s latest information concerning measures which have been taken under the Roadmap, including actions taken by the Ministry of Justice and Public Security, the Ministry of Economy and the National Institute of young Children and Adolescents. The Committee notes the development and elaboration of an information system to monitor child labour (SIMETI), which was developed with ILO assistance. The Committee further notes the Government’s information concerning the results of labour inspections, according to which five cases of child labour were found in 2012, 15 cases were found in 2013 and, as of June, four cases have been found in 2014.

The Committee notes the 2013 household and multiple purpose survey (EHPM), which indicates that the number of children aged 5–17 years engaged in child labour decreased from 11.9 per cent in 2012 to 8.5 per cent (144,168) in 2013. However, the Committee notes that, of the 144,168 children engaged in child labour, over 70 per cent (approximately 100,917) live in rural areas and 60 per cent (approximately 88,519) are children aged 14–17 years who are engaged in hazardous work. While noting the measures taken by the Government to eradicate child labour within the framework of the Roadmap, the Committee nevertheless requests it to strengthen its efforts in this regard, particularly with respect to children in rural areas and those who are engaged in hazardous work. The Committee also requests the Government to continue 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 inspection services and information on the number and nature of violations detected involving children and young persons.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the detailed information provided by the Government on the programmes of action implemented by the Ministry of Education in the context of the Plan 2021, which included various measures to improve the quality of, and equal access to, education and increase school attendance rates, particularly for marginalized children or those from very poor families in rural and urban areas. The Committee also noted the Social Education Plan 2009–14, which aimed to encourage the participation of children in primary and secondary education and addresses, among others, children engaged in work. It further noted, however, the low rate of school attendance of adolescents in secondary education, as well as the high level of school drop-outs.

The Committee notes the Government’s detailed information concerning the programmes which have been implemented within the framework of the Plan 2021, including several scholarships for young persons to attend education in both rural and urban areas as well as, measures to further broaden access to universal education in areas of poverty. The Committee further notes the Government’s indication that the Social Education Plan 2009–14 has benefited 75 academic centres in 15 municipalities, and that 31,439 students participated in implementing pedagogical programmes.

The Committee takes due note of the Government’s continued measures to improve the quality of, and access to, education, as well as to incorporate child labour training modules into the education system. The Committee also notes, however, the statistical information provided by the United Nations Children’s Fund (UNICEF), which illustrates a continued disparity between the net enrolment rate in primary education (95.8 per cent of boys and 95.9 per cent of girls) and in secondary education (59.3 per cent boys and 60.8 per cent girls). The Committee accordingly requests the Government to strengthen its efforts to raise the school attendance rate and reduce the drop-out rate in secondary education. It also requests the Government to continue to provide information on the measures taken and on the results achieved in the context of the Plan 2021.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that 42,770 children benefited from Phase I of the Time-bound Programme (TBP) between September 2001 and September 2006. Of these, 12,967 were removed from child labour and 29,803 were prevented from working. These children also benefited from various services, including formal and non-formal schooling and vocational training, and their parents had access to income-generating activities. Phase II of the TBP commenced in October 2006. The objective of the second Phase was to implement programmes of action to eliminate child labour, including its worst forms, for example in the sugar cane and fishing industries and hazardous types of work in markets. The Committee also noted the results of the survey conducted by the General Directorate of Statistics and Census in 2006 according to which 205,009 children aged between 5 and 17 years were engaged in work.

The Committee notes the information provided by the Government that Phase II of the TBP ended in December 2009. In total, 13,012 children and young persons benefited from the second Phase of the programme. Of the beneficiaries, 3,489 were removed from child labour and 9,523 were prevented from being engaged in work. The Committee also noted the adoption by the Government, in collaboration with ILO–IPEC, of a “roadmap” to free El Salvador from child labour and its worst forms. The roadmap constitutes a national strategic framework based on the achievement of the objective set out in Decent work in the Americas: An agenda for the Hemisphere, namely the elimination of the worst forms of child labour by 2015 and the eradication of child labour in all its forms by 2020.

The Committee notes the information provided by the Government that labour inspections carried out between 2009 and June 2010 resulted in the removal of 171 children from their work and the guarantee that they do not return to work through the implementation of a system of regular monitoring. It also notes the detailed results of the household survey of 2008 and 2009 conducted by the General Directorate of Statistics and Census, which were provided in the Government’s report. According to the results obtained in 2008, a total of 190,525 children between the ages of 5 and 17 worked in the country, of whom 71.8 per cent were boys and 28.2 per cent were girls. According to the results of the 2009 survey, child labour fell by 0.9 per cent and now concerns a total of 188,884 children and young persons between 5 and 17 years of age. Children aged between 5 and 14 years represent 50 per cent of the total number of working children. The great majority of them work in rural areas, in agriculture, trade and domestic services, and are not paid.

The Committee welcomes the progress achieved and the efforts made by the Government for the abolition of child labour. Nevertheless, it observes that, even though the number of children and young persons working in the country has fallen in recent years, half of the children who work in the country are below the minimum age for admission to employment, namely 14 years. The Committee encourages the Government to pursue its efforts to combat child labour and requests it to continue providing information on the measures adopted and the results achieved in the context of the implementation of the Decent Work Country Programme and the roadmap with a view to ensuring the progressive elimination of child labour. It also invites the Government to continue providing detailed information on the application of the Convention in practice including, for example, statistical data on the employment of children and young persons under the minimum age for admission to employment, disaggregated by sex and age group, as well as extracts from the reports of the inspection services.

Article 2(3). Compulsory schooling. The Committee previously noted the detailed information provided by the Government on the programmes of action implemented by the Ministry of Education in the context of the Plan 2021. It noted that these programmes included the adoption of various measures to improve the quality of education and increase school attendance rates, particularly for marginalized children or those from very poor families in rural and urban areas. Moreover, measures were also taken to promote equality of opportunity in access to education, not only between the sexes, but also for those who require specialized education or who have a disability. It noted that, according to the Government, these programmes benefited over 1,857,246 students in 2007.

The Committee notes the Government’s indication concerning the implementation of the Social Education Plan 2009–14. According to the Government, the Plan is intended to encourage the participation of children in primary and secondary education and addresses, among others, children engaged in work. In this respect, the Committee takes due note of the Government’s indication that children engaged in work are exempt from enrolment fees when they participate in catch up courses. It also notes that the issue of child labour has been included in the national teaching programme for primary and secondary school with a view to raising the awareness of schoolchildren to this problem.

The Committee further notes that, in its periodic report submitted to the Committee on the Rights of the Child (CRC) (CRC/C/SLV/3–4, paragraph 240, 23 July 2009), the Government refers to the implementation of the Accelerated Elementary Education Programme, which caters to children living in marginal rural and urban areas. According to the information contained in the periodic report, 3,175 students from grades 2–6 of elementary education (8–12 years) are reported to have benefited from the programme in 2006.

The Committee notes that, according to the 2008 statistics of the UNESCO Institute for Statistics, the net school attendance rate in primary school (7–12 years) rose slightly over the past ten years to achieve 95 per cent for girls and 94 per cent for boys. Nevertheless, although the net school attendance rate also increased for secondary school (13–18 years), only 56 per cent of girls and 54 per cent of boys were enrolled in secondary education in 2008, despite the fact that the transition rate from primary to secondary education is 92 per cent. The Committee also notes that, according to the UNESCO 2010 Education for All Global Monitoring Report, entitled Reaching the marginalized, El Salvador is in an intermediate position in relation to the achievement of the objective of Education for All, particularly due to the low school survival rate in the country. It also notes that the CRC, in its concluding observations of 17 February 2010 (CRC/C/SLV/CO/3–4, paragraph 68), expressed concern at the low rate of school attendance of adolescents in secondary education, as well as the high level of school drop-outs.

While noting the increase in the net school attendance rates at the primary and secondary levels in recent years, and the programmes of action implemented by the Ministry of Education to raise school attendance rates, the Committee observes that the school enrolment rate at the secondary level is still low. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee once again encourages the Government to renew its efforts to improve the education system in the country and requests it to continue taking measures with a view to raising the school attendance rate and reducing the drop-out rate, particularly in secondary education. It requests the Government to provide information in its next report on the progress achieved in this respect and on the results achieved in the context of Plan 2021 and the Social Education Plan 2009–14.

Article 6. Apprenticeship. In its previous comments, the Committee noted the formulation of a preliminary draft of a Bill on apprenticeship by the National Labour Modernization Commission (CONAMOL), which is composed of Government bodies, employers’ and workers’ organizations, representatives of universities and NGOs. It noted that, under the terms of section 3 of the draft Bill, the age for entry into apprenticeship is 14 years and that the performance of hazardous types of work in the context of apprenticeship is prohibited. Furthermore, according to the information provided by the Government concerning the conditions of apprenticeship, apprentices will have to be paid and benefit from social security, and apprenticeship should not interfere with compulsory schooling.

The Committee notes the information provided by the Government in its report according to which the CONAMOL was abolished on 31 May 2009. It also notes that the draft Bill on apprenticeship was rejected by the legislative committee responsible for examining the Bill before its submission to the Legislative Assembly. Nevertheless, the Committee observes that an Act on the comprehensive protection of children and young persons was adopted on 26 March 2009. It notes with satisfaction that, under the terms of section 59 of the Act, the minimum age for admission to employment or work is set at 14 years, including for apprentices. The Act also provides that the hours of work of apprentices shall take into account the attendance of apprentices at school or in training centres and that the activities performed shall be compatible with the physical, psychological, moral and cultural development of young persons (section 62). Section 63 also provides that apprentices shall benefit from the social protection and social security system.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 6 of the Convention. Apprenticeship. In its previous comments, the Committee noted the preliminary draft of a Bill on apprenticeship prepared by the National Labour Modernization Commission (CONAMOL), composed of government bodies, employers’ and workers’ organizations, representatives of universities and NGOs. The Committee observed that the draft Bill on apprenticeship gives effect in part to Article 6 of the Convention. Under the terms of section 3 of the draft Bill, the age for entry into apprenticeship is 14 years and the performance of hazardous types of work in the context of apprenticeship is prohibited. The Committee, however, noted that the draft Bill does not contain provisions establishing the conditions under which apprenticeship may be carried out within the meaning of Convention. The Committee hoped that the Government would take the necessary measures to include this issue in the discussions held in the CONAMOL.

The Committee notes the information provided by the Government that the draft Bill on apprenticeship is still under consultation and will then be submitted to the Legislative Assembly. It also notes the information provided by the Government concerning the draft Bill, including the conditions in which apprenticeship may be carried out. In this respect, it observes that, according to this information, the El Salvador Vocational Training Institute (INSAFORP) will be responsible for apprenticeships. Apprentices will have to be paid and covered by social security. Furthermore, apprenticeship must not interfere with compulsory schooling and, in the case of apprentices under 16 years of age, hours of work shall not exceed six in the day or 34 in the week. Taking due note of this information, the Committee expresses the firm hope that the draft Bill on apprenticeship will be adopted as soon as possible so as to give full effect to the provisions of the Convention on this point. It requests the Government to provide information on any new developments in this respect.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the indication by the Inter-Union Commission of El Salvador that children between 12 and 14 years of age are engaged in work in El Salvador and that the Government has not implemented a plan of action for the elimination of child labour. It also noted the indication by the International Confederation of Free Trade Unions, now the International Trade Union Confederation (ITUC), that child labour is very widespread in unregulated rural and urban economies. The Committee noted the Government’s indication that activities have been carried out in collaboration with ILO–IPEC. It also noted the numerous projects implemented in the context of the Time-bound Programme (TBP) on the worst forms of child labour, and the results achieved. It further noted that, according to the statistics contained in a study conducted in 2005 in households in the country (EHPM), the number of children between the ages of 5 and 17 years who were engaged in work had fallen from 222,475 in 2001 to 207,460 in 2005.

The Committee notes with interest the information provided by the Government on the results of the implementation of Phase I of the TBP between September 2001 and September 2006. In total, 42,770 children benefitted from this phase of the TBP. Of this number, 12,967 children were removed from child labour and 29,803 were prevented from working. These children also benefitted from various services, including formal and non-formal schooling and vocational training, and their parents had access, among other measures, to income-generating activities. Phase II of the TBP commenced in October 2006. The objective of the second Phase is to implement programmes of action to eliminate child labour, including its worst forms, among other areas, in the sugar cane and fishing industries and hazardous types of work in markets. The Committee notes with interest that between October 2006 and August 2008, over 5,054 children benefitted from Phase II of the TBP. Of these, 3,754 children were prevented from being engaged in work and 1,300 children were removed from their work.

The Committee notes the information provided by the Government that labour inspections carried out between August 2006 and June 2008 resulted in the removal of over 200 children from their work and the assurance that the children did not return to work. It also notes the statistics provided by the Government on a survey carried out by the General Directorate of Statistics and Census in 2006, according to which 205,009 children between the ages of 5 and 17 years were engaged in work. Of this number, 24,818 children were between the ages of 5 and 11 years and 108,191 were between 12 and 17 years of age. According to the survey, the great majority of children were engaged in work in rural areas and in unpaid activities: 132,015 children between the ages of 5 and 17 years worked in rural areas in agriculture and commerce, with 72,994 children working in urban areas, in manufacturing and commerce.

The Committee notes that the Government is participating in the ILO–IPEC project on the elimination of child labour in Latin America (third phase). It also notes that in August 2007 the Government signed a tripartite agreement for the adoption of the Decent Work Country Programme, which takes into account child labour. The Committee notes the Government’s indication that a preliminary draft text of a Bill for the comprehensive protection of children and young persons is currently under discussion in the Presidential Chamber and that it will then be submitted to the Legislative Assembly. It contains a chapter entirely devoted to child labour.

The Committee notes that, according to the statistics referred to above, the number of working children fell from 207,460 in 2005 to 205,009 in 2006. The Committee appreciates the measures taken by the Government for the abolition of child labour and considers these measures as an affirmation of its political will to develop strategies to combat the problem. However, it expresses concern at the persistence of child labour in practice. The Committee therefore strongly encourages the Government to pursue its efforts to improve the situation and requests it to provide information on the measures adopted, in the context of the implementation of Phase II of the TBP, the ILO–IPEC project for the elimination of child labour in Latin America and the Decent Work Country Programme, for the abolition of child labour in practice. It asks the Government to provide information on the results achieved. Furthermore, the Committee invites it to continue providing detailed information on the manner in which the Convention is applied in practice including, for example, statistical data disaggregated by sex on the nature, extent and scope of work by children and young persons under the minimum age specified by the Government when ratifying the Convention and extracts from the reports of the inspection services.

Article 2, paragraph 3. Compulsory schooling. In its previous comments, the Committee noted the ITUC’s indication that, although education is compulsory and free of charge up to the age of 14 years in El Salvador, additional fees have to be paid, which prevent children from poor families from attending school. In this respect, it noted the many educational programmes implemented by the Ministry of Education in the context of Plan 2021, the object of which is to facilitate the access to education of the greatest possible number of children. Furthermore, the Committee noted that, according to statistics on the school attendance rate of children between 5 and 17 years of age in 2003, the percentage of children who work is increasing when only rural areas are taken into account. Indeed, while the percentage of registrations is balanced, with 50 per cent in rural areas and 50 per cent urban areas, 76.2 per cent of children at school who also work are in rural areas. The Committee requested the Government to provide information on the implementation of the educational programmes decided upon in the context of Plan 2021.

The Committee notes with interest the detailed information provided by the Government on the programmes of action implemented by the Ministry of Education in the context of Plan 2021. It notes that various measures have been adopted under these programmes to improve the quality of education and increase school attendance rates, particularly for marginalized children or those from very poor families in rural and urban areas. Measures have also been taken to promote equality of opportunity in access to education, not only between the sexes, but also for those who require specialized education or who have a disability. According to the Government, these programmes benefitted over 1,857,246 students in 2007.

The Committee notes that, according to the Global Monitoring Report 2008 on Education for All, published by UNESCO and entitled “Education for All by 2015: Will we make it?”, the country has a high chance of achieving the goal of universal primary education for all by 2015. Furthermore, if progress is regular, gender parity in both primary and secondary education is likely to be achieved. The Committee further notes that, according to UNICEF statistics for 2006, the gross primary school enrolment rate is 93 per cent for both girls and boys, while the rates for secondary school are 54 per cent for girls and 52 per cent for boys.

The Committee takes due note of the gross enrolment rate for primary school and the fact that the country has a high chance of achieving by 2015 the goal of universal primary education for all and of gender parity. However, it expresses concern at the gross enrolment rate for secondary school, which is fairly low. It observes that poverty is one of the primary causes of child labour and, when combined with a deficient educational system, prevents the development of children. Considering that compulsory education is one of the most effective means of combating child labour, the Committee strongly requests the Government to redouble its efforts to improve the operation of the education system in the country and to take measures to allow children to attend compulsory basic education or to join an informal school system. In this respect, it asks the Government to continue providing information on the measures adopted in the context of Plan 2021 to increase the enrolment rate, particularly for secondary education, so as to prevent children under 14 years of age from working. The Committee asks the Government to provide information on the results achieved.

The Committee is also raising another matter in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided by the Government. It notes in particular that a draft Children and Young Persons Code is currently under examination by the Family, Women and Children’s Commission and it requests the Government to provide information on any new developments in this respect.

Article 6 of the Convention. Apprenticeship. With reference to its previous comments, the Committee notes the preliminary draft of a Bill on apprenticeship prepared by the National Labour Modernization Commission (CONAMOL), which is composed of government bodies, employers’ and workers’ organizations, representatives of universities and NGOs. It also notes the Government’s indication that this preliminary draft Bill is still under discussion by CONAMOL. The Committee notes that the draft Bill on apprenticeship gives effect in part to Article 6 of the Convention. Under the terms of section 3 of the draft Bill, the age for entry into apprenticeship is 14 years and the performance of hazardous types of work in the context of apprenticeship is prohibited.

However, the Committee notes that the draft Bill does not contain provisions establishing the conditions under which apprenticeship may be carried out within the meaning of the Convention. It reminds the Government that, in accordance with Article 6, the Convention does not apply to work done by persons of at least 14 years of age in enterprises, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and it is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an enterprise, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee hopes that the Government will take the necessary measures to include this issue in the discussions that are being held in CONAMOL. It also hopes that the draft Bill on apprenticeship will be adopted in the very near future so as to give full effect to the provisions of the Convention on this point and it requests the Government to provide information on any developments in this regard.

Article 7. Light work. In its previous comments, the Committee noted that, under the terms of article 38(10) of the Constitution and section 377 of the Family Code, work by children under 14 years of age is permitted by derogation and taking into account the specific circumstances, where it is considered indispensable for the subsistence of the child and her or his family and does not prevent the child from fulfilling compulsory schooling. The Committee also noted that section 114 of the Labour Code allows children to work from the age of 12 years, on condition that it is light work and that: (a) such work is not likely to jeopardize their health or development; and (b) does not prejudice their education or vocational training. While noting the Government’s indication that article 38(10) of the Constitution and section 114 of the Labour Code are complementary provisions, the Committee requested the Government to indicate whether the minimum age from which children may work, in accordance with article 38(10) of the Constitution and section 377 of the Family Code, is 12 years. The Committee notes the information provided by the Government that the age from which children may be authorized by the Ministry of Labour and Social Insurance to perform light work, under both section 114 of the Labour Code and section 377 of the Family Code, is 12 years.

Article 8. Artistic performances. With reference to its previous comments in which it requested the Government to provide information on any permits granted to young persons for their participation in artistic performances, the Committee notes the Government’s indication that there have been no applications for permits.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the detailed information provided by the Government in its report.

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the indication by the Inter-Union Commission of El Salvador (CATS-CTD-CGT-CTS-CSTS-CUTS) that the Government had not implemented a plan of action for the elimination of child labour and that the situation in El Salvador showed that, in practice girls and boys are on the labour market at ever younger ages. In this respect, the Government indicated that several measures had been taken, including the implementation, with the technical assistance of ILO/IPEC, of several activities intended to prohibit and regulate child labour in several sectors, including the harvesting of shellfish and coffee beans, and work in public markets. The Committee requested the Government to provide information on the implementation of these projects intended to ensure the effective abolition of child labour.

The Committee notes with interest the information provided by the Government to the effect that over 41,650 children who worked in the sugar cane, coffee and firework sectors, in public rubbish dumps and public markets, have benefited from numerous projects implemented in the context of the Time-bound Programme (TBP) on the worst forms of child labour. Over 12,040 children have been removed from work and more than 29,600 children have been prevented from working. Moreover, over 78,790 children have had access to various forms of assistance, such as vocational training, psychological guidance, health and nutrition services and school equipment. Around 5,130 parents have also benefited indirectly from these projects. The Committee takes due note of the efforts made by the Government with a view to eliminating child labour and requests it to continue providing information on the implementation of these projects and the results achieved.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee previously noted the indication by the CATS-CTD-CGT-CTS-CSTS-CUTS that children between the ages of 12 and 14 years are engaged in work in El Salvador. It also noted the observation by the ICFTU that child labour is very widespread in unregulated rural and urban economies. The Committee noted the statistics contained in the report entitled “Understanding child labour in El Salvador”, published by ILO/IPEC in 2003. According to this report, over 222,475 children between the ages of 5 and 17 years worked in El Salvador in 2001, of whom 109,000 were between the ages of 5 and 14 years. The percentage of children engaged in work increased with age. While under 2 per cent of children between the ages of 5 and 9 years were engaged in work, the rate was approximately 13 per cent for those aged between 10 and 14 years. The Committee noted that difficulties appeared to be encountered in the application in practice of the legislation on child labour. It expressed its deep concern at the situation of children under the age of 14 years who are obliged to work in El Salvador and strongly encouraged the Government to renew its efforts to improve this situation progressively.

The Committee takes due note of the information provided by the Government to the effect that the Ministry of Labour and Social Insurance has undertaken intense supervisory and inspection activities in the sugar cane sector. Numerous inspections have been carried out in the country, particularly in areas that are not generally subject to inspection. The Committee notes that, according to the statistical data contained in the national household survey carried out in 2005 (EHPM), the number of working children is in decline. Accordingly, around 207,460 children between the ages of 5 and 17 years are reported to be engaged in work, or 9.8 per cent. Most children work in the agricultural sector and in services, such as hotels and restaurants. The Committee greatly appreciates the efforts made by the Government to combat child labour. It therefore strongly encourages the Government to continue its efforts to improve the situation progressively and requests the Government to continue providing detailed information on the manner in which the Convention is applied in practice including, for example, statistical data disaggregated by sex on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention and extracts of the reports of the inspection services.

Article 2, paragraph 3. Compulsory schooling. In its previous comments, the Committee noted the indication by the ICFTU that education is compulsory and free of charge up to the age of 14 years in El Salvador, but that additional fees have to be paid, which prevent the children of poor families from attending school. The ICFTU concluded that the authorities should facilitate access to education by the children of poor families. The Committee noted the Government’s indication that, although the national legislation does not establish a specific age for the completion of compulsory schooling, it may be inferred, under section 114 of the Labour Code, that the age of completion of compulsory schooling is 14 years. It also noted that the Ministry of Education (MINED) had shown its determination to improve the education situation in El Salvador by undertaking several reforms in this field. The Committee encouraged the Government to pursue its efforts in this field and requested it to provide additional information on the measures that it intends to take to facilitate the access of children to school.

The Committee notes the many educational programmes implemented by the Ministry of Education in the context of Plan 2021, the objective of which is to facilitate the access to education of the greatest possible number of children. It also notes the statistical data on the school attendance rate of children between the ages of 5 and 17 years in El Salvador in 2003. According to these data, the percentage of children who work is increasing solely in rural areas. While the percentage of registrations is balanced, with 50 per cent in rural areas and 50 per cent in urban areas, the percentage of children engaged in work is 76.2 per cent in rural areas. The Committee encourages the Government to continue its efforts to facilitate the access of children to education, taking into account the specific situation of children in rural areas. It requests the Government to provide information on the implementation of the many educational programmes carried out by the Ministry of Education in the context of Plan 2021 and on the results achieved in terms of school attendance in El Salvador.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 2 of the Convention. Scope of application. In its previous comments, the Committee noted that section 378 of the Family Code provides that young workers engaged in own-account work, who are not subject to an employment relationship, may carry on their activities with the authorization of the Ministry of Labour and Social Insurance. It requested the Government to indicate whether a minimum age for admission to this type of activity had been established and to provide information on the number of authorizations granted under this section of the Family Code. The Committee notes with interest the information provided by the Government in its report to the effect that, although section 378 of the Family Code does not establish a minimum age for admission to work by young persons working on their own account, the minimum age of 14 years for admission to employment or work set out in section 114 of the Labour Code applies as a supplemental provision. It also notes that no application for authorization has been made under section 378 of the Family Code.

Article 3. Determination of types of hazardous work. In its previous comments, the Committee noted that section 105 of the Labour Code prohibits the access of persons under 18 years of age to unhealthy or hazardous work. It notes the Government’s indication that the types of hazardous work are established in sections 106, 107 and 108 of the Labour Code. The Committee notes that these provisions establish a comprehensive list of types of hazardous work prohibited for persons under 18 years of age.

Article 6. Apprenticeship. The Committee noted previously that a draft Apprenticeship Bill had been prepared and that it had been submitted for consultation to the National Committee for the Elimination of Child Labour. The Committee notes the information provided by the Government in its report that the Bill is still under examination and that it will provide a copy to the Office when it has been adopted. The Committee hopes that the Bill will take into account the provisions of Article 6 of the Convention.

Article 7. Light work. In its previous comments, the Committee noted that, under article 38(10) of the Constitution and section 377 of the Family Code, work by children under 14 years of age is permitted by derogation and taking into account specific circumstances, where it is considered indispensable for the subsistence of the child and her or his family and does not prevent the child from fulfilling compulsory schooling. The Committee noted that section 114 of the Labour Code allows children to work from the age of 12 years, on condition that it is light work and that: (a) such work is not likely to jeopardize their health or development; and (b) does not prejudice their education or vocational training. It requested the Government to indicate whether a relation has been established between these provisions. The Committee notes the information provided by the Government in its report to the effect that the national Constitution sets forth minimum principles, which are developed by subsidiary laws. The Government indicates that article 38(10) of the Constitution and section 114 of the Labour Code are complementary. The Committee understands from the Government’s explanations that the minimum age of 12 years set out for the performance of light work also applies to the situations covered by article 38(10) of the Constitution and section 377 of the Family Code, namely work by children under 14 years is allowed by derogation and taking into account specific circumstances, where it is indispensable for the subsistence of the child and her or his family and does not prevent the child from fulfilling compulsory schooling. It would therefore be grateful if the Government would confirm that the minimum age from which children may work, in accordance with article 38(10) of the Constitution and section 377 of the Family Code, is 12 years.

The Committee also notes the information provided by the Government in its report to the effect that work such as packers in supermarkets, sales staff and office girls and boys are examples of activities considered to be light work.

Article 8. Artistic performances. The Committee notes the Government’s information to the effect that no specific authorization for the participation of young persons in artistic performances has yet been sought under section 114(3) and (4) of the Labour Code. It also notes that, if such authorizations were to be granted, the procedure would involve the Higher Labour Council as the legally established tripartite consultation mechanism. The Committee would be grateful if the Government would keep it informed of any permits granted in accordance with this provision of the Convention.

Article 9. 1. Effective enforcement of the provisions of the Convention. With reference to its previous comments, the Committee notes the information provided by the Government to the effect that the General Directorate of the Labour Inspectorate and the General Directorate of Social Insurance are responsible for the application of the Convention through the Department of Employment. The Committee also notes that section 627 of Labour Code provides that violations of Books I, II and III of the Labour Code and other labour legislation not giving rise to liability to specific penalties may be punished by a fine of up to 500 colones for each offence. It notes that the Books referred to above contain provisions respecting child labour.

2. Registers. With regard to the registers that have to be kept by employers engaging persons under 18 years of age, the Committee notes the information provided by the Government in its report to the effect that the register referred to in section 117 of the Labour Code has to include the date of birth, type of work performed, working hours and agreed wages.

Part V of the report form. The Committee notes the information provided by the Government that the Inspection Department of the El Salvador Social Security Institute and the General Directorate of Social Insurance, through the Department of Occupational Safety and Health, participate in labour inspections. The Committee also notes the information provided by the Government that the Ministry of the Family has commenced the preparation of a preliminary draft code for children and young persons. It requests the Government to provide information on any developments in this respect.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the communications from the Inter-Union Commission of El Salvador (CATS-CTD-CGT-CTS-CSTS-CUTS), dated 13 September 2002, and the International Confederation of Free Trade Unions (ICFTU), dated 3 February 2003. The Committee also takes note of the Government’s observations in response to the questions raised in these communications.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its communication, the CATS-CTD-CGT-CTS-CSTS-CUTS indicates that the Government of El Salvador has not adopted a plan of action for the abolition of child labour. The situation in El Salvador shows that girls and boys are on the labour market at ever younger ages.

In its replies, the Government indicates that several forms of measures have been taken to eliminate child labour. These include the signing of a Memorandum of Understanding (MOU) with ILO/IPEC in 1996, which was renewed on 25 November 2002. The MOU is intended to protect girls and boys against economic exploitation and to withdraw them from any form of hazardous work or work which may interfere with their education or prejudice their health and their physical and moral development. The Government also reports that several activities have been implemented with the technical assistance of ILO/IPEC, with a view to promoting the prohibition and regulation of child labour in several sectors, including the harvesting of shellfish on the island of Espiritu Santo, the harvest of coffee beans and work in the markets of Santa Ana. The Government has also established the National Committee for the Progressive Elimination of Child Labour, the responsibilities of which include the formulation of projects to combat child labour.

The Committee takes due note of the Government’s efforts to abolish child labour. It requests the Government to provide information on the implementation of projects to ensure the effective abolition of child labour and the results achieved.

Article 2, paragraph 1. Minimum age for admission to employment or work. In its communication, the CATS-CTD-CGT-CTS-CSTS-CUTS indicates that children between the ages of 12 and 14 years are engaged in work. In its communication, the ICFTU states that the minimum age for admission to employment or work is 14 years. Child labour is not generally to be found in export processing zones (EPZs) or in the formal private sector. However, it is very widespread in the unregulated rural and urban economy.

The Committee notes that section 114 of the Labour Code sets the minimum age for admission to employment or work at 14 years. It notes the report entitled "Understanding child labour in El Salvador", published by ILO/IPEC in 2003 in collaboration with the Statistical Information and Monitoring Programme on Child Labour (SIMPOC). According to the statistics contained in this report, the total number of child workers aged between 5 and 14 years is 109,000. Some 222,479 children aged 5 to 17 years work, of whom 49.1 per cent are engaged in the agriculture stock-raising, fishing and forestry sectors; 23 percent in the trading and hotels and catering sectors; 16 per cent in manufacturing; 4.8 per cent in domestic service; 2.4 per cent in construction; 2.1 per cent in transport, storage and communications; 1.9 per cent in community services; and 0.7 per cent in other activities. The report also shows that the percentage of working children rises with age. Under 2 per cent of all children aged 5-9 years work, compared with around 13 per cent of those aged 10-14 years. Furthermore, more than one child in every two aged between 5 and 9 years works in the agricultural sector.

The Committee notes that, according to the statistical data referred to above, difficulties appear to be encountered in the application of the legislation on child labour regulations and that, as indicated by the CATS-CTD-CGT-CTS-CSTS-CUTS and the ICFTU, child labour constitutes a problem in practice. The Committee expresses its deep concern at the situation of children under the age of 14 years who are obliged to work in El Salvador. It therefore encourages the Government to renew its efforts to improve this situation progressively. With reference to its general observation of 2003, the Committee calls upon the Government to continue providing detailed information on the manner in which the Convention is applied in practice, including, for example, the fullest possible statistical information on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention, extracts of the reports of the inspection services and information on the number and nature of the violations reported and on the penalties imposed, particularly in the agricultural, trading, hotel and catering, manufacturing and domestic service sectors.

Article 2, paragraph 3. Compulsory schooling. In its communication, the ICFTU indicates that education is compulsory and, in theory, free of charge up to the age of 14 years. However, there are additional fees to be paid, which prevent the children of poor families from attending school. The great majority of children who work do so to the detriment of their school attendance. The ICFTU concludes that the authorities should facilitate the access to education of the children of poor families, who are prevented by educational costs from attending school.

In its report, the Government indicates that the legislation does not set a specific age for the completion of  compulsory schooling. However, by virtue of section 114 of the Labour Code, it may be inferred that the age of completion of compulsory schooling is 14 years. The Committee notes that section 114 of the Labour Code prohibits children of under 14 years who are still subject to compulsory schooling from working in any occupation. It also notes that, according to the information contained in the report entitled "Understanding child labour in El Salvador", the Ministry of Education (MINED) has shown its determination over the past ten years, to improve the situation with regard to education in El Salvador by undertaking several reforms in this field. These reforms have led to significant progress, particularly in relation to access to education in rural areas.

The Committee notes the Government’s efforts to improve access to education. It encourages the Government to pursue its efforts in this field and requests it to provide additional information on the measures that it intends to take to facilitate the access of children to school. The Committee also requests the Government to provide statistical data on the school attendance rate in El Salvador.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s report and of the communication dated 13 September 2002 from the Inter-Union Commission of El Salvador (CATS-CTD-CGT-CTS-CSTS-CUTS) containing comments on the observance of the Convention; a copy of these comments was transmitted to the Government on 19 November 2002 for any comments which it might wish to make on the questions raised.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its report. It particularly notes the Government’s statement that the Act establishing the Salvadorian Institute for the Protection of Minors of 1993 has established that institution. The Committee also notes that under section 2(1) of the Act, the aim of the Institute is to execute and supervise implementation of the national policy of care for minors within all the national territory and to provide full protection for minors. The Committee requests the Government to supply information on the operation of the Institute as regards the Convention.

Article 2 of the Convention.  In its earlier comments, the Committee noted the provisions of the Labour Code and of the Family Code. The Committee renews its requests for information as to whether self-employment, which may be carried out by minors, referred to under section 378 of the Family Code, is subject to an age limit and what is this age limit. The Committee asks the Government to supply information on the number of authorizations granted under the above section of the Family Code.

The Committee again requests the Government to supply further information on compulsory education, in particular on the age to which school attendance is obligatory, as well as a copy of the relevant legal provisions.

Article 3, paragraph 2.  In connection with its earlier comments, the Committee recalls that under section 105 of the Labour Code, persons under the age of 18 years may not engage in dangerous or unhealthy work. In agreement with paragraph 3 of this section, the types of employment or work covered by this provision shall be determined by a regulation made under the Labour Code after consultation of the Superior Council of Labour. The Committee repeats its request to the Government as to whether such regulation has been adopted and, if so, to supply a copy thereof.

Article 6.  In its earlier comments, the Committee noted that the Government had prepared a draft Apprenticeship Act. This draft had been submitted for examination by the National Committee for the Elimination of Child Labour. The Committee again requests the Government to supply information on the approval process of this draft Act and to send a copy thereof as soon as it has been adopted.

Article 7.  With reference to its earlier comments, the Committee recalls that it had indicated that sections 38(10) of the Constitution and 377 of the Family Code permit exceptions to the minimum age of 14 years, when it is considered indispensable for the subsistence of the children or their family as long as it would not hinder the minimum of compulsory education. However, section 114 of the Labour Code allows children to perform light work from the age of 12 on condition that: (a) it would not be hazardous to health or development; and (b) it would not hinder education or vocational training. Given that the conditions contained in these provisions are different, the Committee once again asks the Government to indicate whether national jurisdiction has established a relationship between these two provisions. In any event, the Committee reiterates its request for the Government to indicate: (a) the activities allowed as light work under section 114 of the Labour Code; and (b) the conditions to which such light work is subject in accordance with Article 7, paragraphs 1 and 3, of the Convention.

Article 8.  The Committee notes that the Government repeats the information it communicated in its previous report in respect of this Article of the Convention. The Committee hopes that in its next report the Government will describe: (a) the specific concession for granting permits to minors, in conformity with section 114, paragraphs 3 and 4, of the Labour Code, to participate in artistic performances; and (b) how consultation is held with the employers’ and workers’ organizations for each case in which such permits are sought and the conditions to which such permits are subject (purpose of permits, number of hours, etc.), as provided for under this Article of the Convention.

Article 9, paragraph 1.  The Committee again requests the Government to specify which measures have been adopted, including sanctions, to ensure the effective application of the provisions of this Convention.

Article 9, paragraph 3.  The Committee notes the Government’s indication that the Directorate of Social Insurance, under the Ministry for Labour, keeps a registry of enterprises employing persons under 18 years of age. The Committee recalls the obligation on employers to maintain a register when employing minors, containing the names of the persons under 18 years and their age or date of birth, in conformity with national legislation or the competent authority, as set forth in this Article of the Convention. The Government indicated in its previous report that it was drawing up a "registry index", which would set out the requirements to be respected by employers employing minors. The Committee requests the Government to provide information on the progress achieved in the elaboration and adoption of this "registry index", and of the measures adopted for employers employing minors to keep registers in line with this Article of the Convention.

Part V of the report form.  The Committee notes the information supplied by the Government concerning action undertaken by the labour inspection or other public sector institutions to monitor work centres in which child workers could be employed. The Committee requests the Government to supply information on the results of these inspections, indicating their number and how often they take place, and which other public sector institutions participate in such inspection visits.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee has noted the Government's first report. It requests the Government to supply further information on the following points.

Article 2 of the Convention. The Committee notes that, while the Labour Code (D.O.142. Tomo 236 of 31.07.72) covers the relations between employers and workers, the Family Code in its section 378 deals with the work of children on their own account, and requires an authorization of the Ministry of Labour and Social Security. Noting the prohibition of hazardous work in the same section, the Committee requests the Government to indicate any measures taken to subject the granting of such authorization for own-account work to a minimum age, and also to supply information on the practical application of this provision, including the number of authorizations granted.

Noting that both of the provisions of the Constitution (article 38(10)) and of the Labour Code (section 114) setting forth the minimum age for employment of 14 years refer to "compulsory education", the Committee asks the Government to supply further information on compulsory education, including copies of relevant legislative provisions.

Article 3, paragraph 2. The Committee notes that section 105(3) of the Labour Code provides for the determination of the types of employment or work to be prohibited for persons under 18 years of age by means of a regulation made under the Code after consultation of the Superior Council of Labour (Consejo Superior del Trabajo). It asks the Government to provide the list of such employment or work.

Article 4. The Committee notes the indication in the Government's report to the effect that an assessment is being made regarding certain activities in the informal sector so as to determine the legal basis to include them in hazardous work. It requests the Government to clarify its intention as to whether some limited categories of employment or work in the informal sector should be excluded from the application of the Convention to the extent that they would not be covered by such measures to be taken.

Article 6. The Committee notes the reference in the report to a draft Apprenticeships Act in relation to Article 3 of the Convention, and requests the Government to provide information on any development regarding the adoption of this draft Act, or its copy if it has been adopted.

Article 7. The Committee notes that the Labour Code (section 114) allows children to perform light work from the age of 12 on condition that it would not be hazardous to health or development and would not hinder education or vocational training, and that the Family Code (section 377) permits exceptions to the minimum age of 14 years when it is indispensable for the subsistence of the children or their family as long as it would not hinder the minimum of compulsory education. It requests the Government to clarify the relation between these two provisions since the conditions for permitting light work are not the same. The Committee also requests the Government to specify the activities allowed as light work, numbers of hours allowed, and the conditions to which such light work is subject in accordance with paragraphs 1 and 3 of Article 7.

Article 8. The Committee notes the provisions of section 114, paragraphs 3 and 4, of the Labour Code provide for the exceptions for artistic performances in the same terms as the provisions of the Convention. It further notes that the report describes the procedures for granting a permit for a minor to work and also a medical examination, and that reference is also made to temporary licences given to children who want to work during holidays. The Committee requests the Government to supply specific information on the exception regarding artistic performances in practice, with a particular reference to the procedure followed in granting such permits and the conditions to which it is subject in accordance with the provisions of section 114(3) and (4) of the Labour Code.

Article 9, paragraph 1. The Committee notes that the Labour Code contains a general provision (section 627) prescribing fines for infringements of its provisions, including those on minimum age. It notes however that the provisions quoted in the report without reference to the title of the legislation are not those of the Labour Code. The Committee asks the Government to supply information on any special enactment that provides for penalties to the violation of national provisions giving effect to the Convention, including its reference and copy of the text.

Article 9, paragraph 3. The Committee notes that, while section 117 of the Labour Code sets forth the employers' obligation to keep a register of employees under 18 years of age, the report states that on the basis of the Code, the Government is in the process of elaborating registration form. It asks the Government to indicate any progress in this regard and to supply a specimen copy when available.

Point V of the report form. The Committee requests the Government to continue to supply information on various measures aimed at the effective elimination of child labour and their result, including, for instance, any statistical details and the number and nature of infringements reported.