Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Age Convention, 1973 (No. 138) - Saint Kitts and Nevis (Ratification: 2005)

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously observed that the prohibitions on hazardous work (with the exception of night work) contained in the Employment of Children (Restriction) Ordinance 1966 (section 3(f)–(g)), and the Employment of Women, Young Persons and Children Act 1939 (EWYPC Act) (sections 4–5), apply only to children below the age of 16 years. It also noted that, as per sections 4 and 5 of the EWYPC Act, the employment of persons under 16 years of age on ships and industrial undertakings is prohibited. The Committee also noted that the draft Labour Code was undergoing tripartite consultation and expected to be enacted by the Parliament by the first quarter of 2014. The Government indicated that the tripartite constituents agreed to establish a National Advisory Committee for the Elimination of Hazardous Child Labour which would determine the types of work deemed to be hazardous for young persons under the age of 18 years.

The Committee notes the Government’s information that the draft Labour Code is expected to be enacted by December 2017. The Government also indicates that the National Advisory Committee for the Elimination of Hazardous Child Labour will be established under the draft Labour Code and will become operational following its entry into force. The Government states that the relevant work will commence in 2018. The Committee once again requests the Government to take the necessary measures to ensure that the draft Labour Code is adopted in the near future. The Committee also once again expresses the firm hope that the National Advisory Committee for the Elimination of Hazardous Child Labour will be established in the near future and that it will ensure, without delay, the adoption of a list of types of hazardous work prohibited to children under the age of 18 years. It also requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to hazardous work as from 16 years. The Committee previously requested the Government to take the necessary measures to ensure that the authorization of the performance of hazardous types of work for persons between the ages of 16 and 18 years is subject to strict conditions respecting protection and prior training, pursuant to Article 3(3) of the Convention. The Government indicated that this issue was being considered during the ongoing consultations on the draft Labour Code.

The Committee notes the Government’s information that the provisions as requested by the Committee are included in the draft Labour Code, providing that persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity, and that their health, safety and morals are fully protected. The Committee trusts that the draft Labour Code will be adopted in the near future, which provides for all the appropriate provisions ensuring the protection of the young persons, as required by Article 3(3) of the Convention.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee previously noted that, pursuant to sections 4(1) and 5 of the EWYPC Act, the prohibition on employing children under the age of 16 in industrial undertakings and on ships did not apply to undertakings in which only members of the same family are employed. The Government indicated its intention to exclude work in family undertakings, pursuant to Article 4 of the Convention, which is contained in the draft Labour Code. The Committee recalled that, under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise.

The Committee notes the Government’s information that consultations were held with social partners and the decision was made to exclude limited categories from the scope of the draft Labour Code. The Government also states that, under the new draft Labour Code, the minimum age for admission to employment will apply to some categories of undertakings that were excluded. The Committee therefore requests the Government to indicate which categories of undertakings are excluded from the scope of the draft Labour Code.

Article 7(1). Light work from the age of 13 years. The Committee previously noted that the Employment of Children (Restriction) Ordinance permits children under the age of 12 to be employed by their parents in agricultural or horticultural work on land belonging to their parents, as well as children between the ages of 12 and 16 years to work in non-hazardous daytime work outside of school hours, specifying a maximum of two hours of work on school days and Sundays (section 3(1)).

The Committee notes the Government’s information that section 144(1) of the draft Labour Code specifies 16 years as the minimum age for admission to employment. The Government also states that the National Tripartite Committee has agreed that children under the minimum age of employment must not be employed in any forms of work. Pending the adoption of the draft Labour Code, the Committee trusts that the provisions in the Employment of Children (Restriction) Ordinance will be applied in conformity with Article 7(1) of the Convention, so that children below the age of 13 will not be authorized to undertake light work activities.

Article 9(1). Penalties. The Committee previously noted the Government’s indication that the fines prescribed for the violation of the child labour provisions under the EWYPC Act and the Employment of Children (Restriction) Ordinance had not been updated in recent years. However, it intended to review some of the fines during the consultative process of the Labour Code. The Committee notes the Government’s information that the tripartite constituents have taken into consideration the issue related to increasing the fines, but have not arrived at a consensus on the appropriate fines. The Government indicates that it will be able to provide further information on the revision of penalties and fines in its next report.

The Committee notes the Government’s information that the upgraded fines would be done under the draft Labour Code. The Committee therefore expresses the firm hope that the provisions of the draft Labour Code will prescribe appropriate and upgraded fines for the violations of child labour provisions.

Article 9(3). Keeping of registers. The Committee previously noted the Government’s information that the tripartite constituents were taking the necessary measures to include, in the draft Labour Code, a provision requiring employers to keep a register indicating the names, ages or dates of birth of persons employed by them or working for them and who are less than 18 years of age.

The Committee notes the Government’s information that section 12(1) of the EWYPC Act requires employers in an industrial undertaking to keep a register of all persons under the age of 16 years, which is the minimum age for admission to employment in Saint Kitts and Nevis, and that this provision is retained in the draft Labour Code. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer of persons whom he/she employs and who are less than 18 years of age. The Committee further reminds the Government that this provision applies to all sectors of employment, not just in industrial workplaces. The Committee therefore expresses the firm hope that the draft Labour Code will contain provisions requiring employers in all sectors of the economy to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention.

Application of the Convention in practice. The Committee previously noted the Government’s indication that the data collected during the 2011 national census was being analysed and would be available during the first quarter of 2014. The Government also indicated that the Ministry of Sustainable Development and the Statistical Unit undertook a Labour Force Survey, which was completed by 2014.

The Committee notes the Government’s information that, according to the result of the 2011 national census, seven children under 16 years of age were found working. The Government also indicates that the Ministry of Sustainable Development is currently processing the data of the Labour Force Survey that was conducted in the last quarter of 2015 and the first quarter of 2016, and that the results will be made available soon. The Committee therefore requests the Government to communicate the results of the most recent Labour Force Survey, in particular, indicating the number of children and young persons who work and whose age is lower than the minimum age for admission to employment or work, and the nature, scope and trends of such work.

The Committee recalls that the Government can avail itself of ILO technical assistance so as to ensure that the draft Labour Code will be in full conformity with the Convention.