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

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

The Committee notes the information provided by the Government. It notes in particular that a draft Children and Young Persons Code is currently under examination by the Family, Women and Children’s Commission and it requests the Government to provide information on any new developments in this respect.

Article 6 of the Convention. Apprenticeship. With reference to its previous comments, the Committee notes the preliminary draft of a Bill on apprenticeship prepared by the National Labour Modernization Commission (CONAMOL), which is composed of government bodies, employers’ and workers’ organizations, representatives of universities and NGOs. It also notes the Government’s indication that this preliminary draft Bill is still under discussion by CONAMOL. The Committee notes that the draft Bill on apprenticeship gives effect in part to Article 6 of the Convention. Under the terms of section 3 of the draft Bill, the age for entry into apprenticeship is 14 years and the performance of hazardous types of work in the context of apprenticeship is prohibited.

However, the Committee notes that the draft Bill does not contain provisions establishing the conditions under which apprenticeship may be carried out within the meaning of the Convention. It reminds the Government that, in accordance with Article 6, the Convention does not apply to work done by persons of at least 14 years of age in enterprises, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and it is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an enterprise, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee hopes that the Government will take the necessary measures to include this issue in the discussions that are being held in CONAMOL. It also hopes that the draft Bill on apprenticeship will be adopted in the very near future so as to give full effect to the provisions of the Convention on this point and it requests the Government to provide information on any developments in this regard.

Article 7. Light work. In its previous comments, the Committee noted that, under the terms of 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 the 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 also 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. While noting the Government’s indication that article 38(10) of the Constitution and section 114 of the Labour Code are complementary provisions, the Committee requested the Government to indicate whether 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 notes the information provided by the Government that the age from which children may be authorized by the Ministry of Labour and Social Insurance to perform light work, under both section 114 of the Labour Code and section 377 of the Family Code, is 12 years.

Article 8. Artistic performances. With reference to its previous comments in which it requested the Government to provide information on any permits granted to young persons for their participation in artistic performances, the Committee notes the Government’s indication that there have been no applications for permits.