Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Minimum Age Convention, 1973 (No. 138) - Uruguay (Ratification: 1977)

Further to its previous observations, the Committee takes due note of the statement made by the Government in its report that the minimum age for employment in Uruguay is 15 years, because Decree No. 852/971 of 16 December 1971, which fixes it at 15 years, was adopted later than the Code of the Child (Act No. 9.342 of 6 April 1934) which used to fix the minimum age at 14 years. The Government adds that the ratification of the Convention with the specified minimum age of 15 years has a direct effect in Uruguay without the need for further legislative action. The Committee recalls, however, that the Code of the Child of 1934 still remains in force and consequently the provisions of its section 223 which provides for the minimum age of 14 years. This undoubtedly made the Government indicate in its report submitted to the United Nations Committee on the Rights of the Child that the minimum age was 14 years according to the Code of the Child (paragraphs 244 and 245 of CRC/C/3/Add.37). As a consequence, the Committee considers it necessary to take particular measures to unify the national legislation in an adequate manner so as to fix 15 years clearly as the minimum age for admission to employment or work. The Committee considers it essential in the application of the Convention to establish a general minimum age unequivocally and to make it known to everyone in the country so that measures of enforcement could be taken effectively.

Noting that a Bill of the Code of the Children and Adolescents is currently before Parliament, in which the minimum age is set at 15 years old, the Committee hopes that this Bill would be adopted soon so as to eliminate any doubt or ambiguity in the applicable minimum age and asks the Government to supply information on any development in this regard.