Minimum Age (Industry) Convention (Revised), 1937 (No. 59) - Yemen (Ratification: 1969)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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.

Repetition

Article 2 of the Convention. Minimum age for employment in an industrial undertaking. The Committee had previously noted the Government’s information that the regulations which identify the types of work prohibited to children were issued by virtue of Ministerial Order No. 56 of 2004.

The Committee notes the Government’s information that a statute amending the provisions of Ministerial Order No. 56 of 2004 was promulgated by virtue of Ministerial Order No. 11 of 2013. It notes that section 7 of Ministerial Order No. 11 of 2013 provides a list of more than 38 industries and occupations in which children under 18 years may not be employed. The Committee also notes that according to section 5 of these regulations the minimum age for admission to work, which is free from any hazards, may not be lower than the age of compulsory education and may not be less than 14 years in any case. Section 10 of Ministerial Order No. 11 of 2013 further provides that children aged between 14 and 18 years may work in light work which shall not jeopardize their mental and physical health and which does not affect their attending the compulsory education.

Article 4. Registers of employment. Following its previous comments, the Committee notes with interest that the regulation giving effect to Act No. 45 of 2002 promulgated by Order No. 180 of 2005 contains provisions requiring the employer to issue an employment card consisting of the photograph of every child employed by that employer, and duly certified and stamped by the competent authority (section 69). This section further indicates that an employer shall keep a registry indicating the name, age and occupation of the working child (defined as persons not exceeded 18 years of age, section 2) as well as the name of their guardian, date of commencement of work and any other data requested by the Minister.

Article 5. Minimum age for hazardous work. The Committee had previously noted that the minimum age set by section 49(4) of the Labour Code No. 5 of 1995 for admission to arduous work, harmful industries or jobs, which are socially damaging for young persons (under the age of 15 years), is not high enough to give effect to Article 5 of the Convention. The Committee notes with interest that sections 7 and 10 of Ministerial Order No. 11 of 2013 prohibit the employment of children under the age of 18 years in hazardous work.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2 of the Convention. Minimum age for employment in an industrial undertaking. The Committee had previously noted the Government’s information that the regulations which identify the types of work prohibited to children were issued by virtue of Ministerial Order No. 56 of 2004.

The Committee notes the Government’s information that a statute amending the provisions of Ministerial Order No. 56 of 2004 was promulgated by virtue of Ministerial Order No. 11 of 2013. It notes that section 7 of Ministerial Order No. 11 of 2013 provides a list of more than 38 industries and occupations in which children under 18 years may not be employed. The Committee also notes that according to section 5 of these regulations the minimum age for admission to work, which is free from any hazards, may not be lower than the age of compulsory education and may not be less than 14 years in any case. Section 10 of Ministerial Order No. 11 of 2013 further provides that children aged between 14 and 18 years may work in light work which shall not jeopardize their mental and physical health and which does not affect their attending the compulsory education.

Article 4. Registers of employment. Following its previous comments, the Committee notes with interest that the regulation giving effect to Act No. 45 of 2002 promulgated by Order No. 180 of 2005 contains provisions requiring the employer to issue an employment card consisting of the photograph of every child employed by that employer, and duly certified and stamped by the competent authority (section 69). This section further indicates that an employer shall keep a registry indicating the name, age and occupation of the working child (defined as persons not exceeded 18 years of age, section 2) as well as the name of their guardian, date of commencement of work and any other data requested by the Minister.

Article 5. Minimum age for hazardous work. The Committee had previously noted that the minimum age set by section 49(4) of the Labour Code No. 5 of 1995 for admission to arduous work, harmful industries or jobs, which are socially damaging for young persons (under the age of 15 years), is not high enough to give effect to Article 5 of the Convention. The Committee notes with interest that sections 7 and 10 of Ministerial Order No. 11 of 2013 prohibit the employment of children under the age of 18 years in hazardous work.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Minimum age for employment in an industrial undertaking. Following its previous comments, the Committee notes the Government’s information that the regulations which identify the types of work prohibited to children were issued by virtue of Ministerial Order of 2004. Among the other provisions indicated by the Government, the Committee notes that section 5 of these regulations specify that the minimum age for admission to work, which is free from any hazards, may not be lower than the age of compulsory education and may not be less than 15 in any case. The Committee also notes the list of industries, employment and occupations, specified in section 74 of the regulations putting to effect Act No. 45 of 2002 on the rights of the child and in which children under the age of 15 years may not be employed. The Committee takes due note of this information and requests the Government to supply a copy of the regulations issued by virtue of the Ministerial Order of 2004 mentioned above.

Article 4. Registers of employment. Following its previous comments, the Committee notes the Government’s information that section 139 of the regulations putting into effect Act No. 45 of 2002 specifies that an employer who employs working children shall prepare a register of their names and their occupational and social situation. This register shall also indicate the name of the working child, his/her guardian, the date on which he/she started work, place of residence and any other data required by the Ministry. Section 2 of these regulations defines a child as being any person who has not exceeded 18 years of age. However, the Committee notes that the abovementioned provisions do not specify that the employer must indicate the age or date of birth of the workers employed. Therefore, in conformity with Article 4 of the Convention, the Committee requests the Government to take the necessary measures to ensure that the registers that are kept pursuant to section 139 of the regulations putting into effect Act No. 45 of 2002, contain the dates of birth of persons who are less than 18 years of age.

Article 5. Minimum age for hazardous work. The Committee had previously noted that the minimum age set by section 49(4) of the Labour Code No. 5 of 1995 for admission to arduous work, harmful industries or jobs, which are socially damaging for young persons (under the age of 15 years), is not high enough to give effect to Article 5 of the Convention. The Committee notes the Government’s information that the draft amendment to the Labour Code has taken into account the concerns of the Committee in this regard by promulgating section 79(4), which specifies that it is prohibited to employ children under 18 years of age in types of work which, by their nature or the circumstances in which they are carried out, are dangerous to their life, health or morals. The Committee also notes that section 21 of the regulations issued by virtue of Ministerial Order of 2004 provides that “Employers shall not employ children under the age of 18 years in dangerous industries or work”. The Committee observes the current contradiction between section 49(4) of the Labour Code and section 21 of the regulations issued with the Ministerial Order of 2004 in regard of the minimum age for admission to hazardous work. Accordingly, the Committee urges the Government to take the necessary measures to ensure the adoption of the draft amendment to the Labour Code in the near future. It also requests the Government to provide a copy of this draft amendment as soon as it is adopted.

Part V of the report form. Noting the absence of information on this point, the Committee once again requests the Government to supply information on the practical application of the Convention, including extracts from the reports of the inspection services, and information concerning the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 2 of the Convention. Minimum age for employment in an industrial undertaking. Following its previous comments, the Committee notes the Government’s information that the regulations which identify the types of work prohibited to children were issued by virtue of Ministerial Order of 2004. Among the other provisions indicated by the Government, the Committee notes that section 5 of these regulations specify that the minimum age for admission to work, which is free from any hazards, may not be lower than the age of compulsory education and may not be less than 15 in any case. The Committee also notes the list of industries, employment and occupations, specified in section 74 of the regulations putting to effect Act No. 45 of 2002 on the rights of the child and in which children under the age of 15 years may not be employed. The Committee takes due note of this information and requests the Government to supply a copy of the regulations issued by virtue of the Ministerial Order of 2004 mentioned above.

Article 4. Registers of employment. Following its previous comments, the Committee notes the Government’s information that section 139 of the regulations putting into effect Act No. 45 of 2002 specifies that an employer who employs working children shall prepare a register of their names and their occupational and social situation. This register shall also indicate the name of the working child, his/her guardian, the date on which he/she started work, place of residence and any other data required by the Ministry. Section 2 of these regulations defines a child as being any person who has not exceeded 18 years of age. However, the Committee notes that the abovementioned provisions do not specify that the employer must indicate the age or date of birth of the workers employed. Therefore, in conformity with Article 4 of the Convention, the Committee requests the Government to take the necessary measures to ensure that the registers that are kept pursuant to section 139 of the regulations putting into effect Act No. 45 of 2002, contain the dates of birth of persons who are less than 18 years of age.

Article 5. Minimum age for hazardous work. The Committee had previously noted that the minimum age set by section 49(4) of the Labour Code No. 5 of 1995 for admission to arduous work, harmful industries or jobs, which are socially damaging for young persons (under the age of 15 years), is not high enough to give effect to Article 5 of the Convention. The Committee notes the Government’s information that the draft amendment to the Labour Code has taken into account the concerns of the Committee in this regard by promulgating section 79(4), which specifies that it is prohibited to employ children under 18 years of age in types of work which, by their nature or the circumstances in which they are carried out, are dangerous to their life, health or morals. The Committee also notes that section 21 of the regulations issued by virtue of Ministerial Order of 2004 provides that “Employers shall not employ children under the age of 18 years in dangerous industries or work”. The Committee observes the current contradiction between section 49(4) of the Labour Code and section 21 of the regulations issued with the Ministerial Order of 2004 in regard of the minimum age for admission to hazardous work. Accordingly, the Committee urges the Government to take the necessary measures to ensure the adoption of the draft amendment to the Labour Code in the near future. It also requests the Government to provide a copy of this draft amendment as soon as it is adopted.

Part V of the report form. Noting the absence of information on this point, the Committee once again requests the Government to supply information on the practical application of the Convention, including extracts from the reports of the inspection services, and information concerning the number and nature of the contraventions reported.

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

The Committee notes the report of the Government and the new Labour Code (Act No. 5 of 1995). However, it notes that this new Code does not fully ensure the application of the Convention on the following points:

Article 2 of the Convention. The Committee notes that, under sections 49(1) of the new Labour Code, the employment of a young person (under 15 years of age) is possible with the guardian's approval and with a notification to the competent office. It further notes that section 49(4) prohibits the employment of young persons in arduous work or harmful industries to be specified by Order of the Minister. It asks the Government to supply a copy of the Order made under section 49 (4), specifying arduous work and harmful industries, or to indicate any progress made towards its adoption. If this provision does not cover all industrial undertakings, please indicate any measures taken or envisaged to prohibit the employment of persons under the age of 15 years in any industrial undertaking.

Article 4. The Committee notes that section 51(a) of the Labour Code sets the obligation of the employer to keep records of young persons including their dates of birth. However, it notes that the young person is defined under the Code as a person under the age of 15 years (section 2 of the Code). It recalls that, under the Convention, every employer should be required to keep a register of all persons under the age of 18 years. The Committee asks the Government to supply information on measures taken or envisaged to ensure that the register of all workers under the age of 18 years is kept by the employer.

Article 5. The Committee recalls that Ministerial Order No. 17 of 1988 respecting health and safety at work, section 11, subsection 13, prohibits young people under 18 years of age from being employed in work which is arduous and harmful to health and social development. Although section 49(4) of the Labour Code mentioned above prohibits arduous work, harmful industries or jobs which are socially damaging for young persons (under the age of 15 years), this age limit is not high enough to give effect to Article 5 of the Convention. The Committee recalls that the Convention requires the fixing of a minimum age higher than 15 years for dangerous work and that it has been commenting on this point for a number of years. It asks the Government to indicate any measures taken or envisaged to give effect to this provision of the Convention.

Point V of the report form. The Committee also requests the Government to supply information on practical application of the Convention, including for instance, extracts from the reports of the inspection services, school attendance rate, and information concerning the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 2 of the Convention. With reference to its earlier comments on employment forms, the Committee notes the information supplied by the Government to the effect that the amended version of the forms has not been adopted. The Committee hopes that the new version of the forms will be adopted shortly and that the Government will provide a copy of it.

Article 5. The Committee notes that section 11, subsection 13, of Ministerial Order No. 17 of 1988 respecting health and safety at work prohibits young people under 18 years of age from being employed in work which is arduous and harmful to health and social development. Despite the progress in this respect, the Committee observes that Ministerial Order No. 17 of 1988 does not appear to cover employment which is dangerous to the morals of young people. The Committee recalls that under Article 5 of the Convention an age higher than the minimum age must be prescribed for admission to employments which, by their nature or the circumstances in which they are carried on, are also dangerous to the morals of the persons employed therein. The Committee asks the Government to indicate the measures taken to bring the legislation into conformity with the Convention on this point.