Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Minimum Age Convention, 1973 (No. 138) - Nicaragua (Ratification: 1981)

The Committee has noted the information supplied by the Government in reply to its previous direct request.

Fixing of a minimum age of 14 years for all types of employment and work and for all sectors covered by the Convention (Article 2, paragraph 1, and Article 5, paragraph 3, of the Convention). 1. The Government refers to section 84 of the Constitution, which prohibits work of children in activities which may prejudice their normal development or their compulsory attendance at school. The Committee observes that this provision is not specific enough to ensure the application of the Convention to all forms of work and employment, as required by Article 2, paragraph 1, and to all sectors of activities mentioned in Article 5, paragraph 3. It refers to its previous direct request, in which it expressed the hope that it will be possible to amend the Labour Code so as to explicitly fix a minimum age for admission to any employment or work, including work performed by the worker on his own account, in accordance with Article 2, paragraph 1, and in all sectors covered by Article 5, paragraph 3. The Committee requests the Government to indicate in its next report the measures taken or under consideration for this purpose.

2. The Committee again requests the Government to provide the text of the rules of the Ministry of Labour fixing the conditions of employment in plantations.

Article 3, paragraphs 1 and 2. The Committee notes the Government's statement that circumstances do not yet permit to extend the prohibition from employing young persons under 18 years of age to other activities that may present danger to health, safety or morals. It hopes that the Government will indicate in its forthcoming reports any progress made.

Article 3, paragraph 3. The Committee notes that account will be taken of its comments when the new Labour Code is discussed. The Committee recalls that measures should be taken to provide expressly that before being employed in industries by virtue of section 123, subsection 4, of the Labour Code, children shall receive adequate specific instruction or vocational training in the relevant branch of activity, in accordance with Article 3, paragraph 3. The Committee hopes that the next report will indicate the progress made in this regard.

Article 7, paragraphs 1 and 4. The Committee notes that the work of children from 12 to 14 years of age in agriculture under sections 122 and 175 of the Labour Code is limited to light work. It hopes that when the new Labour Code is discussed this will be explicitly stipulated in the above provisions and that the next report will indicate the progress made in this respect.