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

Minimum Age Convention, 1973 (No. 138) - Aruba

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Article 2 of the Convention. The Committee noted that the general prohibition of the employment of children under 14 years of age contained in section 15, subsection 1, of the Ordinance of 22 August 1952 does not apply to all forms of work or employment, since certain categories of work are excluded from the definition of the term "work" under section 1, subsection 1 and section 2 of the Ordinance. Since the Convention applies to all categories of employment or work, the Committee requests the Government to indicate whether measures have been taken to prohibit the work or employment of persons under the age of 14 years on the types of work which are excluded from the scope of the Ordinance. The Committee also requests the Government to indicate the school-leaving age and whether this age coincides with the minimum age of admission to work or employment.

Article 3, paragraphs 1 and 2. The Committee noted that section 17, subsection 1, of the Ordinance prohibits the assignment of dangerous work specified by decree to persons who have attained the age of 14 years but are under the age of 18 years (section 4(c) of the Ordinance). The Committee requests the Government to supply information on the decree issued under this provision of the Ordinance and on the consultations made with the organizations of employers and workers in accordance with paragraph 2 of this Article.

Article 6. The Committee noted that section 15, subsection 2, of the Ordinance excludes from the minimum age work done in school or educational institution where it is educational in character. Likewise, section 16(a), as amended by the Ordinance of 12 March 1954, allows children of 12 years or over to work on tasks which are necessary for the learning of a trade or profession. The Committee points out that the present Article of the Convention only permits exceptions in the case of work done in schools or vocational training institutions and of work done by children of more than 14 years of age in undertakings as a part of training programmes approved by the competent authority. Please indicate measures taken to ensure that these conditions are fulfilled when section 16(a) of the Ordinance is applied. Please also provide examples of tasks which are by nature normally carried out by children in pursuance of section 16(a).

Article 7. The Committee noted that section 16(b) of the 1952 Ordinance, as amended by the 1954 Ordinance, provides that children of 12 years or over who have completed the sixth class of primary school may work on tasks which do not make too high demands on the child's physical or mental powers or are not of a dangerous nature. The Committee recalls that under this Article of the Convention, national laws or regulations may permit the employment or work of such persons on light work which is (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school or their capacity to benefit from the instruction received and that the activities involved and the conditions of work and employment should be determined by the competent authority. It requests the Government to indicate the measures taken or envisaged to restrict the employment of children under this provision of the Ordinance to light work which meets both conditions (a) and (b) of Article 7, paragraph 1, of the Convention, and to determine the activities and conditions of their employment or work (paragraph 3), so as to give full effect to this Article of the Convention.

Article 9, paragraph 3. Please indicate the measures taken or envisaged to ensure that the registers or other documents are kept and made available by the employer in accordance with the provisions of the Convention, and provide a model of the register in question.

Point V of the report form. Please provide in the next report information on the practical application of the Convention, including statistics on the inspections made, the violations noted and the sanctions imposed.