Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Convention (n° 138) sur l'âge minimum, 1973 - Algérie (Ratification: 1984)

The Committee notes the information supplied by the Government in reply to its previous comments and wishes to point out the following:

Article 2, paragraph 1, of the Convention. The Committee noted that section 44 of Act No. 78-12 of 5 August 1978 to make general provision for workers' conditions of employment, taken in conjunction with section 51 of the same Act, which establishes a minimum age of 16 years for any recruitment within the context of an employment relationship (in the same way as section 9 of Act No. 82-06 of 27 February 1982 respecting individual employment relationships) are not sufficient to give full effect to the above provision of the Convention, which covers all forms of employment or work, including that performed by self-employed workers. It therefore requested the Government to indicate how effect is given to the Convention on this point, particularly since the above legislative texts do not cover self-employed workers. The Government indicates in reply that no young person can set up on their own account, irrespective of the activity they have chosen, if they have not reached their majority in civil law and that, by virtue of Ordinance No. 75-59 of 29 September 1975 issuing the Code of Commerce, the minimum age that is set for establishing a commerce is 18 years. The Committee notes this information and requests the Government to supply details (including the relevant legislative texts) on how the minimum age of 16 years, set for the application of the Convention, is also observed in the agricultural sector.

Article 3, paragraphs 1 and 2. The Committee notes that the Government's report does not contain information on the adoption of the Ministerial Order provided for under section 14 of the above Act No. 82-06, which was to establish a list of the jobs or workplaces prohibited for young persons as being dangerous, unsafe and liable to jeopardise their health and morals. The Committee is therefore bound to come back to this question and hopes, once again, that the above Order will be adopted in the near future and that it will give full effect to the above provisions of the Convention, which prohibit the employment or work of young persons under 18 years of age in work that is likely to jeopardise their health, safety or morals. Please report the progress achieved in this respect.

Article 8. The Committee once again requests the Government to indicate: (a) how and by virtue of which provisions children of less than 16 years of age are given authorisation to participate in activities such as artistic performances; and (b) the conditions under which they so participate, since the Government's report contains no information on the progress achieved in the adoption of the specific conditions of service of cultural workers, to which it referred in its previous report. These conditions of service should give effect to the above provision of the Convention which authorises, in individual cases, participation in such activities, but under certain conditions and after consultation with the organisations of employers and workers concerned.

Article 9, paragraph 3. The Committee requested the Government to indicate the legal provisions under which employers are required to keep and make available registers of young persons of less than 18 years of age whom they employ or who work for them, in accordance with the above provision of the Convention. In its previous report, the Government indicated that national laws and regulations in effect provide for such registers to be kept without, however, specifying the regulations or supplying models of the registers, as required by the report form on this Convention. In its last report, the Government indicates that a model of the above registers has been requested from the competent services and will be transmitted to the ILO as soon as it is received. The Committee is therefore bound to come back to this matter and requests the Government to indicate at the same time the laws or regulations which give effect to Article 9, paragraph 3, of the Convention.