Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Minimum Age Convention, 1973 (No. 138) - Malaysia (Ratification: 1997)

Article 3(2) of the Convention. Determination of hazardous work. In its previous comments, the Committee noted the Government’s indication that the Labour Department would hold consultations with the relevant authorities, such as the Department of Safety and Health, in order to determine the types of hazardous work to be prohibited to persons under the age of 18, pursuant to section 2(6) of the Children and Young Persons (Employment) Act of 1966 (CYP Act) as amended in 2010.

The Committee notes that the Government’s report does not contain any information on this point. The Committee therefore urges the Government to take the necessary measures to ensure that the hazardous types of work prohibited to children under 18 years of age are determined in the near future, in consultation with the organizations of employers and workers concerned. It requests the Government to provide information on the progress made in this regard.

Article 7(1). Minimum age for admission to light work. The Committee previously noted that section 2(2)(a) of the CYP Act allows children to be employed in light work which is adequate to their capacity in any undertaking carried on by their family, but observed that no minimum age for admission to light work had been specified. The Committee recalled that Article 7(1) of the Convention provides for the possibility of admitting young persons to light work activities only from the age of 13 years.

The Committee notes the Government’s indication that the CYP Act of 1966 is currently being revised in order to incorporate a minimum age of 13 years for light work activities. The Committee expresses the firm hope that the necessary measures will be taken, in the near future, to amend the CYP Act to establish a minimum age of 13 years for light work activities. It requests the Government to provide information on the progress made in this regard.

Application of the Convention in practice. The Committee previously noted the statement of the International Trade Union Confederation (ITUC) that child labour in Malaysia could be found primarily in rural areas in agriculture, where children often work along with their parents without receiving a salary. In urban areas, children work in restaurants, shops and small manufacturing units usually owned by family members. The ITUC further indicated that the Government does not collect statistical data on child labour. The Committee requested the Government to provide statistical data on the employment of children and young persons, including the number of children working under the minimum age of 15.

The Committee notes that the Government’s report merely indicates that, in 2014, six employers employed children and young persons. Noting the absence of statistical information on child labour in the country, the Committee urges the Government to take the necessary measures to ensure that sufficient up-to-date statistical data on the situation of working children are made available, including data on the number of children and young persons below the minimum age of 15 who are engaged in economic activities, and information on the nature, scope and trends of their work. To the extent possible, this information should be disaggregated by sex and age.

The Committee is raising other matters in a request addressed directly to the Government.