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Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Minimum Age Convention, 1973 (No. 138) - Algeria (Ratification: 1984)

Other comments on C138

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The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information and legislative texts provided by the Government in its report. It notes with interest the adoption of Decree No. 96-98 of 6 March 1996 determining the list and content of the special books and registers which must be kept by employers, sections 2 and 5 of which make it compulsory for employers to record on staff registers the name and date of birth of the worker (Article 9, paragraph 3, of the Convention).

  Article 2, paragraph 1.  The Committee notes the Government’s statement in its report to the effect that the minimum age for admission to non-salaried work, including employment or work carried on by a child on her or his own account, is determined by regulations other than Act No. 90-11 of 21 April 1990. It requests the Government to indicate the regulations and provisions which establish the minimum age for admission to non-salaried work and to transmit copies of them.

The Committee notes the information supplied by the Government in its report submitted to the United Nations Committee on the Rights of the Child, according to which section 182 of Ordinance No. 75-31 of 29 April 1975 respecting the general conditions of work in the private sector prohibits any employment of young persons under 16 years of age, except in cases in which exceptional exemptions are authorized by the Minister of Labour and Social Affairs for certain temporary jobs of a fixed duration (paragraph 7(e) of document CRC/C/28/Add.4). The Committee requests the Government to provide information on the application in practice of the exemptions referred to in this provision.

  Article 8.  The Committee notes the Government’s statement that no particular provision has been adopted to determine the minimum age of artists and actors under section 4 of Act No. 90-11. It hopes that these specific provisions will be adopted as soon as possible and will give effect to Article 8 of the Convention, which permits the participation of children under 16 years of age in activities such as artistic performances under certain conditions (limitation of the number of hours of the performance and the prescription of the conditions of employment), by means of permits granted in individual cases, after consultation with the organizations of employers and workers concerned. It requests the Government to continue providing information on any progress achieved in this respect.

  Point V of the report form. The Committee requests the Government to continue providing information on the application of the Convention in practice, including, for instance, statistics on the number of children and young persons who work, extracts of the reports of the inspection services and the contraventions reported.

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