Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the information in the Government's comprehensive report. It asks the Government to provide additional information on the following point:

Article 1 of the Convention. The Committee notes the 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. It requests the Government to continue to provide information on any measures taken in pursuance of this policy, and especially on the results obtained in its application.

In the absence of information concerning its former direct request, the Committee sees itself obliged to come back to the following points:

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 occupational 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.