Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

Article 2 of the Convention. Scope of application. In its previous comments, the Committee noted that section 378 of the Family Code provides that young workers engaged in own-account work, who are not subject to an employment relationship, may carry on their activities with the authorization of the Ministry of Labour and Social Insurance. It requested the Government to indicate whether a minimum age for admission to this type of activity had been established and to provide information on the number of authorizations granted under this section of the Family Code. The Committee notes with interest the information provided by the Government in its report to the effect that, although section 378 of the Family Code does not establish a minimum age for admission to work by young persons working on their own account, the minimum age of 14 years for admission to employment or work set out in section 114 of the Labour Code applies as a supplemental provision. It also notes that no application for authorization has been made under section 378 of the Family Code.

Article 3. Determination of types of hazardous work. In its previous comments, the Committee noted that section 105 of the Labour Code prohibits the access of persons under 18 years of age to unhealthy or hazardous work. It notes the Government’s indication that the types of hazardous work are established in sections 106, 107 and 108 of the Labour Code. The Committee notes that these provisions establish a comprehensive list of types of hazardous work prohibited for persons under 18 years of age.

Article 6. Apprenticeship. The Committee noted previously that a draft Apprenticeship Bill had been prepared and that it had been submitted for consultation to the National Committee for the Elimination of Child Labour. The Committee notes the information provided by the Government in its report that the Bill is still under examination and that it will provide a copy to the Office when it has been adopted. The Committee hopes that the Bill will take into account the provisions of Article 6 of the Convention.

Article 7. Light work. In its previous comments, the Committee noted that, under article 38(10) of the Constitution and section 377 of the Family Code, work by children under 14 years of age is permitted by derogation and taking into account specific circumstances, where it is considered indispensable for the subsistence of the child and her or his family and does not prevent the child from fulfilling compulsory schooling. The Committee noted that section 114 of the Labour Code allows children to work from the age of 12 years, on condition that it is light work and that: (a) such work is not likely to jeopardize their health or development; and (b) does not prejudice their education or vocational training. It requested the Government to indicate whether a relation has been established between these provisions. The Committee notes the information provided by the Government in its report to the effect that the national Constitution sets forth minimum principles, which are developed by subsidiary laws. The Government indicates that article 38(10) of the Constitution and section 114 of the Labour Code are complementary. The Committee understands from the Government’s explanations that the minimum age of 12 years set out for the performance of light work also applies to the situations covered by article 38(10) of the Constitution and section 377 of the Family Code, namely work by children under 14 years is allowed by derogation and taking into account specific circumstances, where it is indispensable for the subsistence of the child and her or his family and does not prevent the child from fulfilling compulsory schooling. It would therefore be grateful if the Government would confirm that the minimum age from which children may work, in accordance with article 38(10) of the Constitution and section 377 of the Family Code, is 12 years.

The Committee also notes the information provided by the Government in its report to the effect that work such as packers in supermarkets, sales staff and office girls and boys are examples of activities considered to be light work.

Article 8. Artistic performances. The Committee notes the Government’s information to the effect that no specific authorization for the participation of young persons in artistic performances has yet been sought under section 114(3) and (4) of the Labour Code. It also notes that, if such authorizations were to be granted, the procedure would involve the Higher Labour Council as the legally established tripartite consultation mechanism. The Committee would be grateful if the Government would keep it informed of any permits granted in accordance with this provision of the Convention.

Article 9. 1. Effective enforcement of the provisions of the Convention. With reference to its previous comments, the Committee notes the information provided by the Government to the effect that the General Directorate of the Labour Inspectorate and the General Directorate of Social Insurance are responsible for the application of the Convention through the Department of Employment. The Committee also notes that section 627 of Labour Code provides that violations of Books I, II and III of the Labour Code and other labour legislation not giving rise to liability to specific penalties may be punished by a fine of up to 500 colones for each offence. It notes that the Books referred to above contain provisions respecting child labour.

2. Registers. With regard to the registers that have to be kept by employers engaging persons under 18 years of age, the Committee notes the information provided by the Government in its report to the effect that the register referred to in section 117 of the Labour Code has to include the date of birth, type of work performed, working hours and agreed wages.

Part V of the report form. The Committee notes the information provided by the Government that the Inspection Department of the El Salvador Social Security Institute and the General Directorate of Social Insurance, through the Department of Occupational Safety and Health, participate in labour inspections. The Committee also notes the information provided by the Government that the Ministry of the Family has commenced the preparation of a preliminary draft code for children and young persons. It requests the Government to provide information on any developments in this respect.