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

Minimum Age Convention, 1973 (No. 138) - Jamaica (Ratification: 2003)

Article 3, paragraph 2, of the Convention. Determination of hazardous work. In its previous comments, the Committee had requested the Government to provide a list of types of hazardous employment or work prohibited for persons below 18 years of age, as well as to provide information on the consultations held with the organizations of employers and workers. The Committee notes in the Government’s report that consultations to determine a draft list were held at a workshop with the following stakeholders: the Child Development Agency, the trade union organizations, the Jamaica Employers’ Federation, the Children’s Advocate, the media and other members from both public and private sectors. This draft list is to be reviewed by a small panel of experts from the Occupational Safety and Health Department, Legal and Child Labour Units. Furthermore, it is proposed that this list be included in the regulations to support the new Occupational Safety and Health Act (OSH Act). However, the Committee notes that the draft list to which reference is made was not included in the Government’s report. It therefore once again requests the Government to provide a copy of the draft list of the types of hazardous work to be prohibited for persons below 18 years of age, along with its next report.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. The Committee had requested the Government to provide information on the results of the necessary discussions to be initiated at the level of the Labour Advisory Council as soon as they were adopted. The Committee notes in the Government’s report that the matter is still under discussion. It reminds the Government that, under Article 4, paragraph 2, each Member which ratifies the Convention shall list in its first report any categories which may have been excluded in pursuance of Article 4, paragraph 1. However, the Committee notes that a list of categories of employment or work to be excluded from the application of the Convention has not been received.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted that section 49(2) of the Building Operation and Works of Engineering Construction (Safety, Health and Welfare) Regulations of 1968, prohibits the employment of persons under the age of 18 to give signals to the operator of any lifting appliance driven by mechanical power or to operate any such appliance except under the direct supervision of a competent person for the purpose of training. It further noted that, by virtue of section 130 of the Shipping Act, 1999, the Minister may make regulations providing for “apprenticeship to sea service”. The Committee noted that, under these provisions, the minimum age for apprenticeship is not clear. It asked the Government to provide information on the minimum age for apprenticeship, including in the maritime sector, and on the conditions governing work done by apprentices. Furthermore, the Committee requested the Government to provide information on the system of vocational training and technical education, specifying the conditions prescribed by the competent authority.

The Committee notes the Government’s statement that the current minimum age for apprenticeships is set at 15 years of age. It notes that section 5(1) of the Apprenticeship Act permits the Apprenticeship Board to make apprenticeship orders regarding matters including: the grant to apprentices of vacation, sick and study leave; the minimum rates of pay and the allowances for subsistence and travelling to be paid to apprentices; and the maximum hours of work for apprentices. However, the Government’s report still contains no information with regard to the system of vocational training. The Committee once again requests the Government to provide information on the system of vocational training and technical education, specifying the conditions prescribed by the competent authority.

Article 7, paragraph 3. Determination of light work. Further to its previous comments, the Committee notes with interest that section 33 of the Child Care and Protection Act (CCPA) states that no person shall employ a child under the age of 13 years for the performance of any work. It also notes that subsections (1) and (2) of section 34 of the CCPA impose a prohibition on the employment of a child between 13 and 15 years of age in the performance of any work, with the exception of an occupation included in a list of prescribed occupations, consisting of light work considered appropriate by the minister, and specifying the number of hours during which and the conditions under which such child may be so employed. The Committee notes the Government’s statement that a draft list of occupations constituting light work pursuant to section 34 of the CCPA is being reviewed by a panel consisting of safety inspectors, workers’ and employers’ representatives. The Committee requests the Government to provide a copy of the list of the prescribed occupations constituting light work pursuant to section 34(2) of the CCPA once it has been reviewed and adopted.

Article 9, paragraph 1. Penalties. The Committee previously noted that the CCPA (section 39), the Factories Act (section 22) and the Education Act (section 21(5)) impose penalties or fines or imprisonment in case of violations of the provisions regarding child labour (minimum age, light work, hazardous work) and compulsory education. The Committee requested the Government to provide information on the effective manner in which these provisions are enforced and penalties applied and to provide a copy of the new OSH Act as soon as it is approved. The Committee notes in the Government’s report that the Office of the Children’s Registry, operating under the CCPA, has been functional for some time and has been receiving complaints of abuse against children. The Committee also notes in the Government’s report that the penalties under the OSH Act have been reviewed and that fines ranging from $250,000 to $1,000,000 can now be imposed; a person can also be imprisoned for a period not exceeding three months if in default of such a fine. The Committee requests the Government to indicate which of the provisions of the new Occupational Health and Safety Act regulate sanctions for violations of the provisions of the Convention and to provide a copy of it as soon as it has been adopted.

Article 9, paragraph 3. Keeping of registers. In its previous comments, the Committee noted that the available texts of legislation have no provisions requiring the employer to keep registers and documents of persons employed or working under him/her. The Committee notes in the Government’s report that labour inspectors are required to examine all the records of employers, including service records, which contain biographic information. In situations where the labour inspector is in doubt about someone’s age, a request can be made for the person’s birth certificate to be produced. The Committee notes that labour inspectors have been sensitized to this fact. It also notes the Government’s statement that the legal framework is being perused by the ministry. The Committee reminds the Government that legislative provisions shall prescribe the registers which shall be kept and made available by the employer and which must contain the names and ages or dates of birth duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in conformity with Article 9, paragraph 3, of the Convention. The Committee trusts that the new legislative provisions prescribing registers to be kept and made available by employers are in conformity with Article 9, paragraph 3, and requests the Government to provide a copy thereof as soon as they have been adopted.

Part III of the report form. Child labour inspections. In its previous comments, the Committee noted that the OHS Act will replace the Factories Act providing an improved framework for labour inspectors with the scope of monitoring and taking legal action against incidents of child labour in sections where they hitherto had limited powers, including the informal sector. It also requested the Government to provide further information on the functioning of the labour inspectorate. The Committee notes in its report, that the Government recommends that labour inspectors amend the current inspection forms to include a section that addresses child labour issues and that discussions have been initiated with the review committee through the Industrial Safety Division for such provisions to be included in the new OSH Act. However, the new OSH Act is yet to be promulgated and therefore the inspections are still being made under the Factories Act. The Committee requests the Government to provide further information on the inspections carried out in relation to child labour issues pursuant to the relevant provisions of its national legislation as well as violations detected. It also repeats its request to the Government to provide information on the inspections made under the new Occupational Health and Safety Act, especially with regard to inspections in the informal sector.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee noted that, according to the National Poverty Eradication Programme Report – a national feedback seminar on the national survey on child labour – working children were found in the distributive trade and service industries and that 26.6 per cent worked in agriculture, forestry and fishing.

The Committee notes that according to the UNICEF report The State of the World’s Children 2008, 7 per cent of boys and 5 per cent of girls between the ages of 5 and 14 years worked in the years 1999–2006. The Committee notes in the Government’s report that discussions are continuing to determine how the child labour statistics will be incorporated into the Ministry’s Labour Market Information System. It is envisioned that they will become a part of the annual report prepared by the Planning, Research and Monitoring Unit of the Ministry of Labour and Social Security. The Committee repeats its request to the Government to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.