Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Minimum Age Convention, 1973 (No. 138) - Zambia (Ratification: 1976)

Article 2, paragraph 1, of the Convention. The Committee has been pointing out that section 12 of the Employment Act (Chapter 512) which fixes the minimum age of 15 years for admission to employment does not give full effect to this provision of the Convention, which covers all economic activities, including work done outside any formal employment relationship. The Committee notes the Government's arguments to the effect that (i) household chores done by family members, (ii) work in family undertakings and (iii) work done in technical or other schools are not covered by the Convention. (i) The Committee agrees that the normal quantity of household chores done by family members is not covered by the Convention; (iii) as to work done in schools, the Convention explicitly provides for exceptions under Article 6; however, (ii) as to the work in family undertakings, the Committee recalls that the Government's first report did not indicate it as a category excluded from the application of the Convention under Article 4. It is necessary, therefore, to apply the minimum age to family undertakings, and also to the cases where children work on their own account. The Committee hopes that the Government will indicate the measures taken or envisaged to ensure the application of the Convention with regard also to family undertakings and children working on their own account.

Article 3. The Committee previously asked for information on regulations to be issued under paragraph 2 of section 17A of Act No. 14/1989 amending the Employment of Women, Young Persons and Children Act (Chapter 505) in order to determine the type of employment or work likely to jeopardize the health, safety or morals of young persons and therefore forbidden to them. It notes the Government's indication that the consultations on the matter with employers' and workers' organizations are being foreseen. The Committee hopes that the Government will be able to indicate the adoption of such regulations in its next report.

Article 7. The Committee notes the Government's reply that a review is being undertaken as regards the Employment of Women, Young Persons and Children Act and the Employment Act. The Committee hopes that both section 7(1)(b) of the Employment of Women, Young Persons and Children Act and section 12(1)(b) of the Employment Act will be brought into line with the Convention concerning the employment authorization for under-age children.

Point V of the report form. The Committee requests the Government to supply information on the application in practice of the Convention, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported.