Minimum Age (Industry) Convention (Revised), 1937 (No. 59) - Paraguay (RATIFICATION: 1966)

CMNT_TITLE

Article 2(2) of the Convention. Minimum age for admission to employment in industrial undertakings. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that, in accordance with Article 2(2) of the Convention, the employment of children under 15 years of age may be authorized only in undertakings in which “only” members of the employer’s family are employed.

The Committee notes the Government’s indications in its report that the Code on Children and Young Persons authorizes young persons (from 14 to 17 years of age) to work only in safe circumstances that are not dangerous and that the established minimum age for dangerous work is 18 years.

The Committee also notes that under Chapter II, Part I, section 119, of the Labour Code (Act No. 213/93 establishing the Labour Code), “minors under 15 years of age may not work in any public or private industrial enterprise or any office thereof, other than those in which only members of the employer’s family are employed and provided that by its nature or the circumstances in which it is performed the work does not endanger the life, health or morals of minors.” Similarly, section 125 of the Labour Code lists the types of work in which it is prohibited to employ children under the age of 18 years, such as: (i) work related to alcoholic beverages; (ii) tasks or services likely to affect their morals or moral practices; (iii) itinerant work, without special authorization; (iv) dangerous or unhealthy work; (v) work for longer hours than their physical strength allows or that may hinder or delay normal physical development; and (vi) night work, during the periods provided for under section 122 and other periods determined by law.

CMNT_TITLE

Article 2(2) of the Convention. Minimum age for admission to employment in industrial undertakings. In its previous comments, the Committee emphasized the need to amend section 120 of the Labour Code, which allows children aged between 12 and 15 years to work in enterprises in which those employed are “preferably” members of the employer’s family. It stressed that this provision is broader than the exception provided for in Article 2(2) of the Convention, which allows children under 15 years of age to be employed in undertakings in which “only” members of the employer’s family are employed. In reply, the Government indicated that section 120 of the Labour Code is no longer in force as section 257 of the Code on Children and Young Persons of 2001 specifies that the provisions of Chapter II, section 1, of the Labour Code, respecting the work of minors, which are contrary to the Code on Children and Young Persons, are repealed. However, the Committee noted that, although sections 52–69 of the Code on Children and Young Persons regulate some aspects of work by young people, none of these provisions specifically concerns the minimum age for admission to employment of children, particularly children employed in family undertakings. The Committee therefore concludes that section 120 of the Labour Code is the only provision governing the minimum age of admission to employment of children employed in family undertakings and, therefore, the repealing provisions set out in section 257 of the Code on Children and Young Persons should not affect section 120 of the Labour Code.

The Committee takes due note of the Government’s report, according to which section 119 of the Labour Code prohibits work by children under 15 years of age, except under the conditions set out in section 120. The Committee notes with regret that section 120 of the Labour Code does not seem to have been amended and allows children aged between 12 and 15 years to work in undertakings in which those employed are “preferably” members of the employer’s family, which is contrary to Article 2(2) of the Convention, which allows children under 15 years of age to be employed in undertakings in which “only” members of the employer’s family are employed. The Committee therefore once again requests that the Government take the necessary steps to ensure that, in accordance with Article 2(2) of the Convention, the employment of children under 15 years of age may be authorized only in undertakings in which “only” members of the employer’s family are employed.

CMNT_TITLE

Article 2(2) of the Convention. Minimum age for admission to employment in industrial undertakings. In its previous comments, the Committee pointed out the need to amend section 120 of the Labour Code, which allows children aged between 12 and 15 years to work in undertakings in which those employed are “preferably” members of the employer’s family. It stressed that this provision is broader than the exception established in Article 2(2) of the Convention, which allows children under 15 years of age to be employed in undertakings in which “only” members of the employer’s family are employed.

The Committee notes that in its report, the Government states that section 120 of the Labour Code is no longer in force in that section 257 of the Code on Children and Young Persons of 2001 repeals the provisions of Chapter II, Section 1 of the Labour Code, which deal with the work of minors, as being contrary to the Code on Children and Young Persons. The Committee notes in this connection that although sections 52–69 of the Code on Children and Young Persons regulate some aspects of young people’s work, none of these provisions deals specifically with the minimum age of admission to employment of children, particularly children employed in family undertakings. The Committee accordingly infers that section 120 of the Labour Code is the only provision governing the minimum age of admission to employment of children employed in family undertakings and, therefore, the repealing provisions set forth in section 257 of the Code on Children and Young Persons should not affect section 120 of the Labour Code. In these circumstances, the Committee requests the Government to take the necessary steps to ensure that, in accordance with Article 2(2) of the Convention, the employment of children under 15 years of age may be authorized only in undertakings in which “only” members of the employers’ family are employed.

CMNT_TITLE

The Committee notes the Government’s report.

Article 2, paragraph 2, of the Convention. Minimum age of employment in industrial undertakings. In its previous comments, the Committee noted that section 120 of the Labour Code allows persons aged between 12 and 15 to work in undertakings in which those employed are “preferably” members of the employer’s family. Recalling that under this provision of the Convention, national legislation may permit the employment of children under 15 in undertakings in which “only” members of the employer’s family are employed, the Committee asked the Government to provide information on the measures adopted or envisaged to bring national legislation into conformity with the Convention in this respect.

In its report, the Government states that section 29 of the Labour Code provides that work of a family nature for which “only” members of the family or persons accepted by that family, under the protection of one of its members, are employed is excluded from the application of the Code, provided that the workers are not salaried employees. The Committee notes that, under this provision, the scope of Labour Code does not exclude salaried persons under 15 years who work in the same undertaking as members of their family. Thus, section 120 of the Labour Code, which allows minors over the age of 12 but under the age of 15 to work in undertakings in which those employed are “preferably” members of the employers’ family, is applicable to them. Under these circumstances, the Committee asks the Government to indicate the scope of the term “preferably”, found in section 120 of the Labour Code. In this regard, the Committee reminds the Government that the possibility offered by Article 2, paragraph 2, of the Convention to permit the employment of children under the age of 15 years in undertakings in which “only” members of the employer’s family are employed, applies to both salaried and non-salaried persons.

Article 5. Dangerous work. Further to its previous comments, the Committee notes with satisfaction the adoption of Decree No. 4951/05 which regulates Act No. 1657/01 and approves the list of dangerous types of child labour.

 

CMNT_TITLE

The Committee notes the new Labour Code (Act No. 213, promulgated on 29 October 1993), as well as Act No. 496 amending, broadening and repealing sections of Act No. 213/93, of the Labour Code. The Committee asks the Government to supply information on the following points.

Article 2 of the Convention.  The Committee notes that the new section 120 of the Labour Code, as well as section 184 of the Minors’ Code, allows minors of less than 15 years but more than 12 years of age to work in undertakings in which those employed are "preferably" members of the employers’ family. The Committee recalls that Article 2, paragraph 2, provides that national legislation may permit the employment of children under 15 in undertakings in which "only" members of the employers’ family are employed. The Committee requests the Government to provide information on the measures adopted or to be adopted to bring the national legislation into conformity with the Convention in this connection.

Article 5.  The Committee notes that section 121(d) of the Labour Code, and section 188(e) of the Minors’ Code, prohibit the employment of minors of less than 18 years in employments which are dangerous to the life, health or morals, or which require exertion beyond the capacity of their age, as specified by the health authority. The Committee also takes note that section 125 of the Labour Code prohibits the employment of persons under 18 years in certain employments, such as those provided under points: (b) tasks or services liable to affect morality or good customs; (c) street selling and hawking, except where expressly authorized; (d) dangerous or unhealthy work and (e) work in excess of the established working day, of the person’s physical strength, or which could impede or retard normal physical development. The Committee requests the Government to indicate the measures adopted or to be adopted which, through regulations or administrative measures, define the details of the forms of employment to be included under these provisions.