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

Minimum Age Convention, 1973 (No. 138) - El Salvador (Ratification: 1996)

The Committee notes the information supplied by the Government in its report. It particularly notes the Government’s statement that the Act establishing the Salvadorian Institute for the Protection of Minors of 1993 has established that institution. The Committee also notes that under section 2(1) of the Act, the aim of the Institute is to execute and supervise implementation of the national policy of care for minors within all the national territory and to provide full protection for minors. The Committee requests the Government to supply information on the operation of the Institute as regards the Convention.

Article 2 of the Convention.  In its earlier comments, the Committee noted the provisions of the Labour Code and of the Family Code. The Committee renews its requests for information as to whether self-employment, which may be carried out by minors, referred to under section 378 of the Family Code, is subject to an age limit and what is this age limit. The Committee asks the Government to supply information on the number of authorizations granted under the above section of the Family Code.

The Committee again requests the Government to supply further information on compulsory education, in particular on the age to which school attendance is obligatory, as well as a copy of the relevant legal provisions.

Article 3, paragraph 2.  In connection with its earlier comments, the Committee recalls that under section 105 of the Labour Code, persons under the age of 18 years may not engage in dangerous or unhealthy work. In agreement with paragraph 3 of this section, the types of employment or work covered by this provision shall be determined by a regulation made under the Labour Code after consultation of the Superior Council of Labour. The Committee repeats its request to the Government as to whether such regulation has been adopted and, if so, to supply a copy thereof.

Article 6.  In its earlier comments, the Committee noted that the Government had prepared a draft Apprenticeship Act. This draft had been submitted for examination by the National Committee for the Elimination of Child Labour. The Committee again requests the Government to supply information on the approval process of this draft Act and to send a copy thereof as soon as it has been adopted.

Article 7.  With reference to its earlier comments, the Committee recalls that it had indicated that sections 38(10) of the Constitution and 377 of the Family Code permit exceptions to the minimum age of 14 years, when it is considered indispensable for the subsistence of the children or their family as long as it would not hinder the minimum of compulsory education. However, section 114 of the Labour Code allows children to perform light work from the age of 12 on condition that: (a) it would not be hazardous to health or development; and (b) it would not hinder education or vocational training. Given that the conditions contained in these provisions are different, the Committee once again asks the Government to indicate whether national jurisdiction has established a relationship between these two provisions. In any event, the Committee reiterates its request for the Government to indicate: (a) the activities allowed as light work under section 114 of the Labour Code; and (b) the conditions to which such light work is subject in accordance with Article 7, paragraphs 1 and 3, of the Convention.

Article 8.  The Committee notes that the Government repeats the information it communicated in its previous report in respect of this Article of the Convention. The Committee hopes that in its next report the Government will describe: (a) the specific concession for granting permits to minors, in conformity with section 114, paragraphs 3 and 4, of the Labour Code, to participate in artistic performances; and (b) how consultation is held with the employers’ and workers’ organizations for each case in which such permits are sought and the conditions to which such permits are subject (purpose of permits, number of hours, etc.), as provided for under this Article of the Convention.

Article 9, paragraph 1.  The Committee again requests the Government to specify which measures have been adopted, including sanctions, to ensure the effective application of the provisions of this Convention.

Article 9, paragraph 3.  The Committee notes the Government’s indication that the Directorate of Social Insurance, under the Ministry for Labour, keeps a registry of enterprises employing persons under 18 years of age. The Committee recalls the obligation on employers to maintain a register when employing minors, containing the names of the persons under 18 years and their age or date of birth, in conformity with national legislation or the competent authority, as set forth in this Article of the Convention. The Government indicated in its previous report that it was drawing up a "registry index", which would set out the requirements to be respected by employers employing minors. The Committee requests the Government to provide information on the progress achieved in the elaboration and adoption of this "registry index", and of the measures adopted for employers employing minors to keep registers in line with this Article of the Convention.

Part V of the report form.  The Committee notes the information supplied by the Government concerning action undertaken by the labour inspection or other public sector institutions to monitor work centres in which child workers could be employed. The Committee requests the Government to supply information on the results of these inspections, indicating their number and how often they take place, and which other public sector institutions participate in such inspection visits.