Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report and the attached documents. The Committee notes the adoption of Act No. 26061 of 28 September 2005 on the global protection of the rights of girls, boys and young persons and National Decree No. 415/2006, issuing regulations under the Act on the global protection of the rights of girls, boys and young persons.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. With reference to its previous comments, in which it expressed deep concern at the situation of children under 14 years of age who are compelled to work in Argentina through personal necessity, the Committee takes due note of the information provided by the Government in its report in relation to the implementation of national programmes for the prevention and elimination of child labour in rural and urban areas.

The Committee notes the study entitled “Childhood and adolescence: Work and other economic activities”, carried out in 2004 by ILO/IPEC, the National Statistics and Census Institute of Argentina and the Ministry of Labour, Employment and Social Security in three provinces in the north-west of the country (Jujuy, Salta and Tucumán), two in the north-east (Formosa and Chaco), the Province of Mendoza and the metropolitan area of Buenos Aires, which was published in 2006. According to this study, with regard to children aged between 5 and 13 years, of a total of 193,095 children engaged in work when the study was undertaken, 116,990 worked for their parents or other family members, 61,074 worked on their own account, 11,694 worked for an employer and 3,337 were engaged in another activity. Children often work long hours and sometimes perform hazardous activities. The study demonstrates that the scope of child labour is greater in rural than in urban areas and that girls, particularly adolescent girls, are engaged in “intense domestic work”. The sectors most concerned are commerce, domestic work, agriculture, stock-rearing, housework, hotels, catering, construction and furniture manufacturing.

The Committee notes the information provided by the Government that a new National Plan for the Prevention and Elimination of Child Labour and a National Plan of Action for Boys, Girls and Young Persons have been formulated. It also notes that the Government has recently launched several programmes of action for the prevention and elimination of child labour. These programmes will target children working in public rubbish dumps, the harvesting of fruit and vegetables and who perform various activities in the streets or are engaged in domestic work. The Committee greatly appreciates the efforts made by the Government to combat child labour and strongly encourages it to continue in its efforts to progressively improve the situation. The Committee requests the Government to continue providing detailed information on the manner in which the Convention is applied in practice, including, for instance, statistical data disaggregated by sex on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention and in hazardous types of activities, and extracts of the reports of the inspection services. It also requests the Government to provide information on the measures adopted in the context of the implementation of the two plans of action referred to above for the elimination of the worst forms of child labour. Furthermore, the Committee requests the Government to provide information on the results achieved through the implementation of the new programmes of action on the prevention and elimination of child labour.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that, under the terms of sections 32 and 187 of Act No. 20744 respecting labour contracts, young persons between 14 and 18 years of age may, under certain conditions, be party to a labour contract. It noted that the national legislation governing the admission of children to employment or work does not apply to employment relations which are not a result of a contract, such as work carried out by young persons on their own account. The Government indicated that the labour legislation establishes a minimum age for admission to employment of young persons who perform an activity in the context of a contractual employment relationship, but remains silent with regard to children exercising an economic activity on their own account. It also indicated that the activities undertaken by young persons outside the context of the law are not activities exercised on their own account, but a survival strategy. The Committee requested the Government to provide information on the measures adopted or envisaged to ensure that the protection afforded by the Convention is secured for children exercising an economic activity on their own account.

The Committee notes the information provided by the Government to the effect that, as work by children under the minimum age for admission to employment is prohibited in the country, the national legislation does not contain provisions on work by children for their own account. There is therefore no reason for activities undertaken by children in this context or as survival strategies to be regulated by labour law. The Committee takes due note of the information provided by the Government on the measures adopted in the context of the National Plan for the Prevention and Elimination of Child Labour with a view to adapting and strengthening the inspection services in relation to child labour. In particular, it notes that, in the context of this Plan, it is envisaged to adopt legal provisions extending the intervention of labour inspectors to all economic activities undertaken by children, including those carried out as part of survival strategies. The Committee notes that, according to the study entitled “Childhood and adolescence: Work and other economic activities”, it is increasingly frequent for children under 14 years of age to be engaged in activities on their own account or for survival and that they may jeopardize the development of the children concerned. In this context, the Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment and work, whether or not there exists a contractual employment relationship and whether or not the work is paid. It therefore points out that children who carry out an economic activity without a contractual employment relationship, particularly on their own account or as part of a survival strategy, must enjoy the protection afforded by the Convention. The Committee would be grateful if the Government would adopt the planned measures as soon as possible to adapt and strengthen the inspection services in relation to child labour. In this respect, it requests the Government to provide information on the measures adopted or envisaged to enable labour inspectors to target children engaged in an economic activity on their own account, thereby securing the protection afforded by the Convention to all children.

Article 2, paragraph 2. Raising the minimum age for admission to employment or work. The Committee noted previously the information provided by the Government that a meeting between the National Commission for the Elimination of Child Labour (CONAETI), the Coordinating Unit for International Affairs of the Ministry of Labour, Employment and Social Security and the Ministry of Education, Science and Technology had led to the formulation of a new wording of section 189 of Act No. 20744 on labour contracts, which would raise the minimum age for admission to employment or work from 14 to 15 years. It requested the Government to provide information in this respect. The Committee notes the information provided by the Government that, although the national economy has improved over the past three years, social and economic indicators show that progress still needs to be made. It also notes the Government’s indication that the autonomous city of Buenos Aires adopted Act No. 937, establishing the minimum age for admission to employment or work at 15 years. The Committee further notes that, according to the information available to the Office, during the first National Forum on the Prevention and Elimination of Child Labour, held in September 2006, the idea of increasing the minimum age for admission to employment or work was discussed and draft legislation formulated. The Committee requests the Government to provide information on the progress of this work and to provide a copy of the Act as soon as it is adopted.

Article 7. Light work. The Committee noted previously that, under the terms of section 189 of Act No. 20744 on labour contracts, young persons under 14 years of age may work in enterprises in which only members of the same family are engaged, on condition that their activities are not hazardous or harmful. It also noted that, in the agricultural sector, section 107 of Act No. 22248 authorizes young persons under 14 years of age to work in family firms where their work does not prevent their regular attendance at primary education. The  Committee considered that neither section 189 of Act No. 20744 on labour contracts, nor section 107 of Act No. 22248 establish an age for admission to employment in light work. In this respect, the Government indicated that the types of work permitted by section 107 of Act No. 22248 may be considered as light work. According to the Government, the exception contained in section 107 is based on a deep-rooted social practice of an atavistic cultural nature in relation to which the National Agrarian Labour Commission is undertaking awareness-raising activities with a view to the elimination of the scourge of child labour. The Committee requested the Government to take the necessary measures to ensure that effect is given to the Convention by providing that employment on light work may only be authorized for persons from 12 to 14 years of age.

In its report, the Government refers to the provisions of the labour legislation relating to hazardous types of work performed by children, working time and night work. While taking due note of this information, the Committee observes once again that neither section 189 of Act No. 20744 on labour contracts, nor section 107 of Act No. 22248 establish an age for admission to light work. In view of the statistics referred to above, the Committee is bound to remind the Government that, under the terms of Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment of persons between 12 and 14 years of age on light work or the performance by such persons of light work, provided that such work is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore once again requests the Government to take the necessary measures to ensure that effect is given to the Convention by providing that employment on light work may only be authorized for persons from 12 to 14 years of age in accordance with the conditions prescribed by Article 7, paragraph 1, of the Convention. It also requests the Government to indicate whether the national legislation includes provisions prescribing the number of hours during which and the conditions in which light work may be undertaken, in accordance with Article 7, paragraph 3, of the Convention, and to provide a copy of the respective provisions.