Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Minimum Age Convention, 1973 (No. 138) - Venezuela (Bolivarian Republic of) (Ratification: 1987)

The Committee notes the Government's first report. It asks the Government to provide additional information on the following points:

Article 1. The Committee asks the Government to provide detailed information on the national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons, and on the results obtained in the application of this policy.

Article 2, paragraph 1, and Article 4, paragraph 1. The Committee notes that section 23 of the Protection of Children Act prohibits work by children of under 14 years subject to the exceptions provided for in section 24 for children of 12 to 14 years (authorization under certain justified conditions, work done by minors to be commensurate with their physical capacity, their education must be guaranteed). The Committee notes, however, that the Government has used the provisions of Article 4 of the Convention to exclude self-employed workers from its scope.

The Committee recalls that Article 4, paragraph 1, allows exclusion from the application of the Convention, after consultation with the organizations of employers and workers concerned, of "limited categories of employment or work", on certain conditions. The Committee considers that "self-employed workers" cannot be considered as a limited category of employment or work within the meaning of Article 4 of the Convention.

It asks the Government to indicate the measures taken or under consideration to ensure that no person under the minimum age specified in its declaration appended to the ratification shall be admitted to employment or work in any occupation whatsoever. It also asks the Government to provide information on the consultations that were held with employers' and workers' organizations prior to the decision not to apply the provisions of the Convention to self-employed workers.

The Committee recalls that assistance from the International Labour Office might be useful in overcoming any difficulties encountered in the matter referred to above.

Point V of the report form. The Committee requests the Government to provide statistical information on the employment of young persons under 18 years of age and on the number of permits issued by the authorities under section 24 of the Protection of Children Act.