Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Minimum Age Convention, 1973 (No. 138) - Nicaragua (Ratification: 1981)

Further to its observation, the Committee requests the Government to supply information on the following points.

1. Coverage of all employment or work. The Committee recalls that Convention No. 138 covers not only wage employment but all employment or work, even if there is no employment relationship, or payment of remuneration.

It notes that the Government indicates that, even if the legislation does not fix the minimum age for admission to employment without an employment relationship and remuneration, children are protected from this form of economic exploitation. In this connection, the Government refers to section 84 of the Constitution of Nicaragua and section 76.e of the Code on Childhood and Adolescence (Act No. 287 of 27 November 1998) which provides protection for children against all forms of economic and social exploitation, and also to section 134.b and c, of the Labour Code (Act No. 185 of 31 December 1996) which guarantees the child a remuneration paid in legal tender equal to that of other workers. Nevertheless, the Government states that the legislation is under analysis with a view to ensuring application of the Convention. In view of this fact, and given that the provisions cited by the Government are insufficiently clear and precise to prohibit the employment of children of less than 14 years of age, where there is no employment relationship or remuneration, the Committee hopes the Government will take specific measures to prohibit and eliminate the employment of children of less than 14 years without an employment relationship, as in the case of self-employment.

2. Exceptions to the general minimum age. In reply to the Committee's previous request regarding exceptions to the minimum age of 14 years regulated by the Labour Inspectorate (section 131 of the Labour Code), the Government states in its report that such exceptions must not be prejudicial to the health, mental and physical development of the child and not such as to prejudice their education. It adds that these exceptions concern, for example, manual and artistic activities and craft work, etc. The Committee requests the Government to supply the provisions of the regulations which establish the conditions for these exceptions, including hours of work, and other employment conditions if such exist, or to take the measures necessary to adopt them. The Committee recalls that, in conformity with Article 7, paragraph 4, of the Convention, exceptions to the minimum age only concern children over the age of 12 years and must be restricted to "light work". It requests the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention.

In the case of exceptions to the minimum age for artistic performances, the Committee recalls that Article 8 of the Convention does not specify a minimum age in this connection but requires that permits should be granted in individual cases. It requests the Government to supply additional information on the manner in which the abovementioned exceptions are granted by the labour inspection regarding artistic performances. It also requests it to indicate consultations undertaken with the organizations of employers and workers concerned, in conformity with Article 8.

3. Dangerous work prohibited for young persons under 18 years of age. Further to its previous comments, the Committee notes the details given by the Government in its report regarding objects and substances the manipulation of which is prohibited for children of less than 18 years under sections 133 and 136 of the Labour Code and by the regulations regarding occupational safety and health. It requests it to supply the text of these regulations. It asks the Government to supply information on the consultations which took place on this question with the organizations of employers and workers, in compliance with Article 3, paragraph 2, of the Convention.

4. Register to be kept by the employer. The Committee notes the indication in the Government's report that the new Code does not provide for registers to be kept by the employer, but that it is the labour inspectors who keep registers of workers of less than 18 years of age. However, it recalls that Article 9, paragraph 3, of the Convention obliges employers to keep such registers. In the expectation that measures will be taken to give effect to this article, the Committee requests the Government to indicate how the labour inspectors keep such registers of all workers of less than 18 years of age, and also to supply a model of the register kept in this way.