Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age (Industry) Convention (Revised), 1937 (No. 59) - Yemen (Ratification: 1969)

The Committee notes the Government’s report.

Article 2 of the Convention. Minimum age for employment in an industrial undertaking. Following its previous comments, the Committee notes the Government’s information that the regulations which identify the types of work prohibited to children were issued by virtue of Ministerial Order of 2004. Among the other provisions indicated by the Government, the Committee notes that section 5 of these regulations specify that the minimum age for admission to work, which is free from any hazards, may not be lower than the age of compulsory education and may not be less than 15 in any case. The Committee also notes the list of industries, employment and occupations, specified in section 74 of the regulations putting to effect Act No. 45 of 2002 on the rights of the child and in which children under the age of 15 years may not be employed. The Committee takes due note of this information and requests the Government to supply a copy of the regulations issued by virtue of the Ministerial Order of 2004 mentioned above.

Article 4. Registers of employment. Following its previous comments, the Committee notes the Government’s information that section 139 of the regulations putting into effect Act No. 45 of 2002 specifies that an employer who employs working children shall prepare a register of their names and their occupational and social situation. This register shall also indicate the name of the working child, his/her guardian, the date on which he/she started work, place of residence and any other data required by the Ministry. Section 2 of these regulations defines a child as being any person who has not exceeded 18 years of age. However, the Committee notes that the abovementioned provisions do not specify that the employer must indicate the age or date of birth of the workers employed. Therefore, in conformity with Article 4 of the Convention, the Committee requests the Government to take the necessary measures to ensure that the registers that are kept pursuant to section 139 of the regulations putting into effect Act No. 45 of 2002, contain the dates of birth of persons who are less than 18 years of age.

Article 5. Minimum age for hazardous work. The Committee had previously noted that the minimum age set by section 49(4) of the Labour Code No. 5 of 1995 for admission to arduous work, harmful industries or jobs, which are socially damaging for young persons (under the age of 15 years), is not high enough to give effect to Article 5 of the Convention. The Committee notes the Government’s information that the draft amendment to the Labour Code has taken into account the concerns of the Committee in this regard by promulgating section 79(4), which specifies that it is prohibited to employ children under 18 years of age in types of work which, by their nature or the circumstances in which they are carried out, are dangerous to their life, health or morals. The Committee also notes that section 21 of the regulations issued by virtue of Ministerial Order of 2004 provides that “Employers shall not employ children under the age of 18 years in dangerous industries or work”. The Committee observes the current contradiction between section 49(4) of the Labour Code and section 21 of the regulations issued with the Ministerial Order of 2004 in regard of the minimum age for admission to hazardous work. Accordingly, the Committee urges the Government to take the necessary measures to ensure the adoption of the draft amendment to the Labour Code in the near future. It also requests the Government to provide a copy of this draft amendment as soon as it is adopted.

Part V of the report form. Noting the absence of information on this point, the Committee once again requests the Government to supply information on the practical application of the Convention, including extracts from the reports of the inspection services, and information concerning the number and nature of the contraventions reported.