Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 138) sur l'âge minimum, 1973 - Yémen (Ratification: 2000)

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted that, pursuant to sections 3(2) and 53 of the Labour Code, several categories of workers were excluded from the scope of application of the Labour Code, such as self-employed workers, casual workers, domestic workers and some agricultural workers, in addition to young persons working with their family under the supervision of the head of the family. The Committee had also noted the Government’s statement that the exclusions in the Labour Code would be addressed in the forthcoming amendments to the Labour Code.

The Committee notes the Government’s information in its report that the draft Labour Code will apply to domestic workers and casual labourers. It also notes that section 7 of the Ministerial Order No. 11 contains the list of occupations prohibited for children under 18 years, and includes all work related to agriculture. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the draft Labour Code which will cover domestic servants and casual labourers will be adopted in the near future. It also requests the Government to indicate the measures taken or envisaged to ensure the application of the minimum age provisions to self-employed children and children working in family undertakings.

Article 9(1). Penalties. In its previous comments, the Committee noted that the Ministerial Order No. 11 which contains provisions prohibiting hazardous work by children under 18 years of age do not provide for any penalties for its contravention.

The Committee notes the Government’s information that the provisions establishing penalties against those who violate the provisions prohibiting the employment of children under 18 years in hazardous work will be taken into account. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure the adoption of provisions establishing appropriate penalties for the breach of the provisions giving effect to the Convention, as laid down under Ministerial Order No. 11. It requests the Government to provide information on any progress made in this regard.