Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Minimum Age Convention, 1973 (No. 138) - Seychelles (Ratification: 2000)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2(3). Age of completion of compulsory schooling. Following its previous comments regarding the age of completion of compulsory schooling, the Committee noted the Government’s indication that the Government undertakes to report any changes as they may occur.

Article 3(1) and (2). Minimum age for admission to, and determination of, types of hazardous work. The Committee noted the Government’s indication that action is being taken to provide for a minimum age of 18 years with respect to employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons. Noting the absence of information on this point in the Government’s report, the Committee once again hopes that the above amendment will be finalized promptly and requests the Government to send a copy of the amendment once it has been adopted. With respect to the types of employment or work that should be prohibited to persons under 18 years of age, the Committee once again requests the Government to take the necessary steps so that they can be determined by the national laws or regulations or the competent authority, after consultation with the employers’ and workers’ organization concerned, in conformity with Article 3(2) of the Convention. The Committee draws the Government’s attention to the provision of the Minimum Age Recommendation, 1973 (No. 146), in relation to hazardous employment or work, in particular to Paragraph 10(1).

Article 3(3). Hazardous work as from 16 years. Following its previous comments, the Committee noted in the Government’s report that there has been no change in legislation or measures since the last reporting period. The Committee therefore once again requests the Government to take the necessary steps so that young persons aged 15 may not be authorized to take up such employment or work. It requests the Government to indicate the measures taken so that the health, safety and morals of young persons aged 16 and 17 are fully protected, and to specify whether the employers’ and workers’ organizations have been consulted on the matter. It also requests the Government to supply a copy of the amended legislative provisions once adopted.

Article 6. Apprenticeship and vocational training. The Committee had noted the information communicated by the Government according to which children or young persons below the age of 15 years who are on a course of education or training for which a school or training institution is responsible or as part of a programme covered by paragraphs (b) and (c) of this Article of the Convention may perform work as part of their career development or schooling. The Ministry of Education ensures that the work done is of a light nature and would not in any way be harmful to the health, safety and morals of the children and young persons. The Committee noted the Government’s indication that there has been no change in legislation or measures since the last reporting cycle. Noting the absence of a reply to the requests made in its previous comments, the Committee once again asks the Government to communicate further information on vocational training programmes, including the relevant laws and regulations, and to indicate the minimum age required for taking up work in undertakings as an apprentice. It also asks the Government to indicate whether the employers’ and workers’ organizations have been consulted, in conformity with these provisions of the Convention.

Article 7. Light work. The Committee had previously noted the information communicated by the Government, according to which the law does not provide for persons aged 13–15 years to work, even in light work, unless it forms part of schooling or training. It had noted that, under article 31(a) of the Constitution of the Republic of Seychelles, the State undertakes “to provide that the minimum age of admission to employment shall be 15 years, subject to exceptions for children who are employed part time in light work prescribed by law without harm to their health, morals or education”, and that paragraphs 2 and 3 of section 21 of the Conditions of Employment Regulations pertaining to light work had been repealed by the Employment (Conditions of Employment) (Amendment) Regulations, 2000. The Committee requested the Government to indicate whether children under 15 years of age are engaged in light work in practice and, if so, to state the measures taken or envisaged to include provisions on the light work of children aged 13–15 in the national legislation.

The Committee noted in the Government’s report that “a person shall not have in that person’s employ another of less than 15 years of age”, pursuant to regulation 21(1) of the Conditions of Employment Regulations, 1991 (Regulations), as amended/introduced by SI 3 of 2000. The Committee further noted that regulation 21(2) of the Regulations states that, notwithstanding regulation 21(1) above, “work schemes may be organized for schoolchildren on vacation or holidays and, where such schemes have the approval of the Competent Officer, children
12–14 years may participate in them provided the work is of a light nature and subject to such conditions as the Competent Officer may impose upon giving his approval”. Furthermore, children aged 12–14 years of age “may, outside school hours, run occasional errands and do odd jobs provided the duties are light and not recurrent” (regulation 21(4)). The Committee reminded the Government that, by virtue of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons 13–15 years of age in light work. The Committee therefore requests the Government to take the necessary measures to ensure that children under 13 years of age are prohibited to engage in light work.

Part V of the report form. Application of the Convention in practice. Noting the absence of information on this point in the Government’s report, the Committee once again asks it to communicate information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment or work of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.