Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Convenio sobre la edad mínima, 1973 (núm. 138) - San Vicente y las Granadinas (Ratificación : 2006)

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s statement that currently there exists no national policy for the abolition of child labour. However, it is envisaged to develop new measures for fulfilling its obligations under this Convention in early 2010 with the support of the employers’ and workers’ organizations. The Committee requests the Government to provide information on any measures adopted by the Government for the effective abolition of child labour.

Article 2, paragraph 1. 1. Scope of application. The Committee notes that section 7(2) of the Employment of Women, Young Persons and Children Act (EWYPC Act), exempts work in an industrial undertaking or ship in which only members of the same family are employed. The Committee reminds the Government that the Convention applies to all types of work or employment, including family undertakings. The Committee requests the Government to take the necessary measures to ensure that the protection afforded by the Convention is applicable to children working in all sectors, including family undertakings.

2. Minimum age for admission to employment or work. The Committee notes that at the time of ratification, Saint Vincent and the Grenadines specified 14 years as the applicable minimum age. It notes that, according to section 3(1) of the EWYPC Act, no child (defined as a person under the age of 14 years) shall be employed in any industrial undertaking. Section 4(1) of the EWYPC Act further prohibits the employment of children in any ship, and section 8(1) prohibits any employment of children with the exception of light work.

Article 2, paragraph 3. Compulsory education. The Committee notes that according to Part III of the Education Act of 2006, education shall be free and compulsory for all children from the age of 5 to 16 years. The Committee observes that currently, the minimum age for admission to employment (14 years) is less than the age of completion of compulsory schooling (16 years). In this context, the Committee notes the Government’s statement that, due to the progress made with regard to the Government’s policy of providing universal access to secondary education for all children of school age, it is considering revising and raising the minimum age to employment or work.

The Committee is of the view that compulsory education is one of the most effective means of combating child labour and it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If young persons are legally entitled to work before the end of completion of compulsory schooling, children may be tempted to dropout of education and work in order to earn money (see ILO: Minimum age, General Survey of the Committee of Experts on the Application of Conventions and Recommendations (Part 4B), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure that the minimum age for admission to employment is not lower than the age of completion of compulsory education. Noting that the minimum age for admission to employment or work is less than the age of completion of compulsory schooling, the Committee requests the Government to take the necessary measures to raise to 16 the minimum age for employment or work in order to link it with the age of completion of compulsory schooling in conformity with Article 2(3) of the Convention. 

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that section 3(2) of the EWYPC Act only prohibits night‑time employment in industrial undertakings for young people between 14 and 18 years of age. It observes that the EWYPC Act does not contain a general prohibition on the employment of children below 18 years in hazardous work. The Committee further notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.18, 10 October 2001; paragraph 41), in the Employment of Women, Young Persons and Children Act there is no specific provision for a higher age limit for employment which, by its nature and the circumstances in which it is carried out, is dangerous to the life, health or morals of the persons employed therein. Therefore, the minimum age for admission to hazardous employment remains 14 years. The Committee reminds the Government that, by virtue of Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which by its nature or circumstances in which it is carried out, is likely to harm the health, safety or morals of young persons shall not be less than 18 years. The Committee therefore urges the Government to take the necessary measures to bring the legislation into conformity with the Convention.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes that the EWYPC Act only refers to the prohibition for persons under 18 years of age to perform night work in any industrial undertaking. In defining the term “industrial undertaking”, the EWYPC Act makes reference to the definition contained in the Minimum Age (Industry) Convention (Revised), 1937 (No. 59), annexed in Part I of the Schedule. The Committee also notes that, according to section 6 of the EWYPC Act, the Governor-General may make regulations in respect of the health, welfare and safety of women, young persons and children in any industrial undertaking. However, the Committee observes that no information is available on such regulations. The Committee reminds the Government that, under the terms of Article 3(2) of the Convention, the types of hazardous employment or work prohibited to young persons under 18 years shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to take the necessary measures to determine the types of work to be considered as hazardous and which are to be prohibited for children under 18 years of age. It also asks the Government to provide information on consultations held on this matter with the social partners.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee reminds the Government that Article 3(3) of the Convention authorizes, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18 years in hazardous work. It also recalls that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing hazardous types of work, and does not constitute an overall authorization to undertake hazardous work from the age of 16 years. The Committee therefore requests the Government to provide information on the measures taken to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3(3) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee notes that section 3(1) of the EWYPC Act allows exemptions to work done by children of not less than 14 years of age in recognized schools provided such work is approved and supervised by a public authority. The Committee notes that the Government has not provided any information on apprenticeship programmes. The Committee therefore requests the Government to indicate whether there exist any provisions regulating apprenticeship programmes, and if so to indicate the minimum age for entry into apprenticeship, the types of trade in which an apprenticeship may be undertaken, and the conditions under which an apprenticeship may be undertaken and performed.

Article 7. Light work. The Committee notes that according to section 8(2)(b) of the EWYPC Act, the minimum-age provisions do not apply to the services rendered by a child to his parent or guardian in light agricultural or horticultural work on the family land outside of school hours. The Committee notes, however, that a lower minimum age for light work has not been set in law. The Committee reminds the Government that pursuant to Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of persons of at least 12 years of age on light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also recalls that under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee accordingly requests the Government to take the necessary measures to ensure that only children aged 12–14 years may perform light work. It also requests the Government to take the necessary measures to determine the number of hours during which and the conditions in which light work in agricultural and horticultural sectors may be undertaken by children of 12 years of age and above.

Article 9, paragraph 1. Penalties. The Committee notes that as per section 5 of the EWYPC Act, any person who employs a child or a young person in any industrial undertaking in contravention of the provisions of sections 3 and 4 of the Act (minimum-age provisions) shall be guilty of an offence and liable to a fine of $100 and in the case of a second or subsequent offence, to a fine of $250. It further notes that section 9(1) of the EWYPC Act provides for penalties for up to a fine of $500 to any person who employs a child in contravention of section 8 of the Act. The Committee requests the Government to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9, paragraph 3. Keeping of registers. The Committee notes that according to sections 3(3) and 4(2) of the EWYPC Act, an employer who employs young persons in any industrial undertaking or the master of a ship who employs young persons shall keep a register of such persons indicating their names, dates of birth and the dates on which they enter and leave the service, for the purposes of inspection. Any employer who fails to keep such registers shall be guilty of an offence and liable to a fine of $1,000 (section 5(7)).

Part III of the report form. Labour inspectorate. The Committee notes the Government’s indication that the Labour Commissioner and labour officers are the persons responsible for compliance with the provisions giving effect to the Convention.  The Committee notes the information provided by the Government in its report under Convention No. 81 that there are a total of five labour officers who are assigned the responsibility of conducting labour inspection throughout the State, including travelling by air to the islands in the Grenadines. It also notes the Government’s indication that the insufficient number of labour inspectors has limited the number of inspections conducted every year. It further notes the Government’s indication that in 2006, 61 inspections were conducted; in 2007, 17 inspections; and in 2008, 53 inspections were conducted. The Committee finally notes the Government’s statement that from the records it appears that no employer has ever been prosecuted for violation of the law.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that there is no statistical data on the employment of children and young persons. The Committee encourages the Government to take the necessary measures to ensure that sufficient data on the situation of working children and young persons in Saint Vincent and the Grenadines is available. It requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons as soon as this information becomes available, extracts from inspection services reports, information on the number and nature of contraventions reported, and penalties imposed.