Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

Convenio sobre la edad mínima, 1973 (núm. 138) - Jamaica (Ratificación : 2003)

The Committee notes the Government’s report. It requests it to provide further information on the following points.

Article 3, paragraph 1, of the Convention. Minimum age for admission to hazardous work. In its previous comments, the Committee noted that section 34(3) of the Child Care and Protection Act (CCPA) states that: “no person shall employ a child: (a) in the performance of any work that is likely to be hazardous or to interfere with the child’s education or to be harmful to the child’s health or physical, mental, spiritual, or social development; or (b) in night work or an industrial undertaking”. The Committee noted that no definition of “child” is contained in the available text. Recalling Article 3, paragraph 1, of the Convention, which specifies that the minimum age for admission to hazardous work is 18 years, it requested the Government to provide the definition of a “child” under the CCPA. The Committee notes the Government’s information that, under the final CCPA, a child is any person under the age of 18 years. The Committee takes due note of this information.

Article 3, paragraph 2. Determination of hazardous work. The Committee previously noted that the CCPA (sections 39 and 40), the Dock’s (Safety, Health and Welfare) Regulations of 1968 (section 55), the Building Operations and Works of Engineering Construction (Safety, Health and Welfare) Regulations of 1968 (section 49(2)), and the Shipping Act (section 127(4)) include specific provisions prohibiting the employment of children in a few specific hazardous types of work. The Committee recalled Article 3, paragraph 2, of the Convention, which stipulates that the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. It requested the Government to provide information regarding progress made towards the adoption of a list of activities and occupations to be prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention. The Committee notes the Government’s information that a preliminary list of occupations that children are prohibited from engaging in has been compiled, and that it will be subjected to editing by a small panel of experts from the Occupational Safety and Health, Legal and Child Labour Units before steps are taken to institutionalize the list, in accordance with the Act. The Committee requests the Government to provide a copy of this list, as well as to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It also recalled that, under Article 4, paragraph 2, each Member which ratifies the Convention shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee once again takes note of the Government’s statement that the necessary discussions are to be initiated at the level of the Labour Advisory Council, and requests the Government to provide information on the results of the discussions as soon as they have been adopted.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted that section 49(2) of the Building Operation and Works of Engineering Construction (Safety, Health and Welfare) Regulations of 1968, prohibits the employment of persons under the age of 18 to give signals to the operator of any lifting appliance driven by mechanical power or to operate any such appliance except under the direct supervision of a competent person for the purpose of training. It further noted that, by virtue of section 130 of the Shipping Act, 1999, the Minister may make regulations providing for “apprenticeship to sea service”. The Committee noted that, under these provisions, it is not clear what is the minimum age for apprenticeship. It reminded the Government that Article 6 of the Convention fixes a minimum age of 14 years for work done in undertakings, 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 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 undertaking, 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 notes once again that the Government’s report contains no information on the system of vocational training and apprenticeship. It once again asks the Government to provide information on the minimum age for apprenticeship, including in the maritime sector, and on the conditions governing work done by apprentices. Furthermore, the Committee requests the Government to provide information on the system of vocational training and technical education, specifying the conditions prescribed by the competent authority.

Article 7. Light work. The Committee notes that section 33(2) of the final version of the CCPA stipulates that no person under the age of 15 shall be eligible for employment, with the exception of light work in family undertakings. However, the Government does not determine a minimum age requirement for such work. The Committee reminds the Government that, under the terms of Article 7, paragraph 1, of the Convention, national laws and regulations may permit the employment of persons between 13 and 15 years of age in light work on condition that this work is not likely to be harmful to their health and development and that is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes adopted by the competent authority, or their capacity to benefit from the instruction received. The Committee notes that the Government is currently discussing the exclusions of categories of employment from the application of the Convention, as provided under Article 4, paragraph 1, of the Convention. The Committee requests the Government to provide information on whether family undertakings will be determined as a category of exclusion. If no such exclusion is determined, the Committee requests the Government to provide information on measures taken or envisaged to bring the relevant legislation into conformity with Article 7 of the Convention, including information on the types of employment constituting light work, as well as the hours and conditions governing such employment.

Article 9, paragraph 1. Penalties. The Committee previously noted that the CCPA (section 39), the Factories Act (section 22) and the Education Act (section 21(5)) impose penalties or fines or imprisonment in case of violations of the provisions regarding child labour (minimum age, light work, hazardous work) and compulsory education. Noting the absence of information from the Government on this point, the Committee requests it to provide information on the effective manner in which these provisions are enforced and penalties applied. The Committee also notes the Government’s information that this provision of the Convention is to be covered under the new Occupational Health and Safety Act, where labour inspectors will be authorized to enforce the appropriate sanctions in case of a breach being committed. It asks the Government to provide information on the penalties applied under the new Occupational Health and Safety Act and to provide a copy of this text as soon as it has been approved.

Article 9, paragraph 3. Keeping of registers. The Committee notes once again that the available texts of legislation have no provisions requiring the employer to keep registers and documents of persons employed or working under him/her. The Committee once again requests the Government to indicate the legal provisions that prescribe the registers or other documents which shall be kept and made available by the employer and which must contain the names and ages or dates of birth duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in conformity with Article 9, paragraph 3, of the Convention.

Part III of the report form. Implementation of the Convention. In its previous comments, the Committee noted that section 23 of the Education Act enables the Attendance Officers to make inspections in order to verify whether section 21 (compulsory education) and section 22 (school attendance orders) are being complied with. The Committee also noted the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/8/Add.12, paragraphs 17, 69 and 70) that monitoring attendance was unsuccessful because penalties were never enforced. The Committee noted that, by virtue of section 3 of the Labour Officers (Powers) Act of 1943, a labour officer may, at all reasonable times, enter any premises for the purpose of carrying out any inspection in order to ensure the proper observance of any enactment. It also noted the information contained in the ILO/IPEC project report of 2004 that the Occupational Health and Safety Act will replace the Factories Act providing an improved framework for labour inspectors with the scope of monitoring and taking legal action against incidents of child labour in sections where they hitherto had limited powers, including the informal sector. The Committee once again requests the Government to provide further information on the functioning of the labour inspectorate and on any other mechanism established under the relevant legislation. It also repeats its request to the Government to provide information on the inspections made under the new Occupational Health and Safety Act, especially with regard to inspections in the informal sector.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee noted that, according to the National Poverty Eradication Programme Report – a national feedback seminar on the national survey on child labour – working children were found in the distributive trade and service industries and that 26.6 per cent worked in agriculture, forestry and fishing. The Committee repeats its request to the Government to provide information on the manner in which the Convention is applied, including, for example, 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.