Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 6 of the Convention. Apprenticeship. In its previous comments, the Committee noted the preliminary draft of a Bill on apprenticeship prepared by the National Labour Modernization Commission (CONAMOL), composed of government bodies, employers’ and workers’ organizations, representatives of universities and NGOs. The Committee observed 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. The Committee, however, noted that the draft Bill does not contain provisions establishing the conditions under which apprenticeship may be carried out within the meaning of Convention. The Committee hoped that the Government would take the necessary measures to include this issue in the discussions held in the CONAMOL.

The Committee notes the information provided by the Government that the draft Bill on apprenticeship is still under consultation and will then be submitted to the Legislative Assembly. It also notes the information provided by the Government concerning the draft Bill, including the conditions in which apprenticeship may be carried out. In this respect, it observes that, according to this information, the El Salvador Vocational Training Institute (INSAFORP) will be responsible for apprenticeships. Apprentices will have to be paid and covered by social security. Furthermore, apprenticeship must not interfere with compulsory schooling and, in the case of apprentices under 16 years of age, hours of work shall not exceed six in the day or 34 in the week. Taking due note of this information, the Committee expresses the firm hope that the draft Bill on apprenticeship will be adopted as soon as possible so as to give full effect to the provisions of the Convention on this point. It requests the Government to provide information on any new developments in this respect.