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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 1 September 2021, and of the Confederation of Workers of Argentina (CTA Autonomous), received on 31 August 2021.

Article 1 of the Convention. National policy for the effective abolition of child labour. In its previous comments, the Committee noted the National Plan for the Eradication of Child Labour and the Protection of Work by Young Persons (2018-22) and encouraged the Government to pursue its efforts towards the progressive elimination of child labour.

The Committee notes that, in response to the previous observations of the GGT RA concerning the need to strengthen the Provincial Commissions for the Prevention and Eradication of Child Labour (COPRETI), the Government indicates in its report that, with a view to maintaining permanent links between the provinces and the National Committee for the Eradication of Child Labour (CONAETI), provincial representatives (either the highest labour authority in the province or COPRETI coordinators) have been included on the board of the CONAETI. It also notes the creation of the Federal Strengthening Programme for the Eradication of Child Labour (Decision No. 268/2021 of the Ministry of Labour, Employment and Social Security), with the intention of reinforcing the role of institutions in territorial entities and/or value chains, which give rise to risks of the use of child labour, including through the training of leaders to promote childhood free from child labour. The Government adds that it is working on the establishment of provincial networks of enterprises involved in action to address child labour with a view to focussing more deeply on value chains. With ILO support, action has been initiated to eradicate child labour in the agricultural sector, and particularly in the production of tomatoes, garlic and cotton. The Committee notes the emphasis placed by the CGT RA on trade union participation in the design of policies to combat child labour, as reflected in the agreement concluded in 2021 between various unions and the Government with a view to articulating joint training activities for the prevention and eradication of child labour.

The Committee also takes note of the findings of the Survey of the Activities of Boys, Girls and Young Persons (EANNA) 2017, provided by the Government. According to the Survey, 10 per cent of boys and girls aged between 5 and 15 years in the country (763,544 boys and girls) are engaged in at least one productive activity (whether for the market, for own consumption or intensive unpaid domestic work involving ten or more hours of work a week), with a higher incidence in rural areas (19.8 per cent) and in the north-east and north-west of Argentina. Of a total of 781,513 boys, girls and young persons who work (between 5 and 17 years of age), 613,330 may be considered to fall within the ILO definition of child labour.

The Committee welcomes the efforts made by the Government for the strengthening of cooperation with provincial bodies responsible for combating child labour, and the compilation and publication of updated and disaggregated statistical data on the characteristics of child labour throughout the country, which will provide a basis for directing and monitoring the public policies adopted for its eradication. The Committee therefore encourages the Government to continue its efforts, in collaboration with the social partners, for the elimination of child labour in all sectors, and requests it to provide information on this subject. The Committee also requests the Government to continue providing updated information, where possible disaggregated by age and gender, on the nature, extent and trends of child labour in the country, including in the informal economy.

Article 2(3). Compulsory schooling. The Committee notes that, according to the EANNA, although school attendance by children (from 5 to 15 years of age) is almost universal (98.7 per cent of those living in urban areas and 96.6 per cent in rural areas), the intensity of the working day is an indicator that runs counter to educational success. Of all children who carry out at least one productive activity in urban areas, 21 per cent arrive late at school, 19.4 per cent do not attend school frequently and 17.3 per cent have repeated a school year at least once; while among those in rural areas, 15.2 per cent arrive at school late, 17.3 per cent do not attend school frequently and 22.4 per cent have repeated a school year at least once. In this regard, the CTA Autonomous indicates that the tension between child labour and education takes the form of a deterioration in educational trajectories and emphasizes that, among those who work, the requirement to repeat years, late arrivals at school and frequent absences occur more often than for those not engaged in productive work, irrespective of whether the work is for the market, household consumption or domestic or intensive care work.

The Committee notes with concern this information, which indicates that children under the minimum age are engaged in work which prevents them from attending school regularly, achieving a good educational performance and benefiting from the education received. The Committee recalls in this respect that to prevent and combat child labour, compulsory education should be effectively implemented so as to ensure that all children under the minimum age are attending school (2012 General Survey on the fundamental Conventions, paragraph 375). The Committee therefore requests the Government to take all the necessary measures to: (i) identify the causes that lead children under the minimum age for admission to employment (16 years) to undertake work that prevents them from attending school; and (ii) ensure that all children under the minimum age are able to complete compulsory schooling in practice. In this regard, it requests the Government to continue providing updated statistical data on school attendance, drop-out, repetition and completion rates for children under 16 years of age.

Article 7(1). Light work. In its previous comments, the Committee noted that, by virtue of section 17 of Act No. 26390/2008 on the prohibition of child labour and the protection of young workers, persons over 14 and under 16 years of age may work in enterprises owned by their father, mother or guardian for no more than three hours a day and 15 hours a week, on condition that the work is not hazardous or unhealthy and that they can continue attending school. However, the Committee notes that, according to the EANNA, in urban areas, 25.5 per cent of children (between 5 and 15 years of age) who work do so for between ten and 36 hours a week, and 8.5 per cent work for more than 36 hours a week. In rural areas, 28.5 per cent of children who work do so between ten and 36 hours a week, and 6.1 per cent for more than 36 hours a week. The Committee observes that, according to this statistical data, there are children engaged in light work for a number of hours that exceeds the limit established by the national legislation, and that some of them are even under the age established for such work. In this regard, the Committee wishes to recall that, in accordance with Article 7(1) of the Convention, children who are of the age to undertake light work may only carry out work that is not likely to be harmful to their health or development, and that is not such as to prejudice their attendance at school or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures to: (i) identify the causes that lead children, even under the minimum age, to undertake light work, activities that exceeds the maximum number of hours established by the national legislation; and (ii) ensure that only children over 14 years of age undertake light work and that in no case does such work exceed the number of hours permitted by national laws and regulations (up to 15 hours a week).

Application in practice and labour inspection. The Committee notes the Government’s indication that in 2020 the Coordinating Unit for the Prevention of Child Labour and the Protection of Young Workers became the Inspection Department for Work by Children and Young Persons and Evidence of Labour Exploitation (DITIAEIEL), the functions of which include promoting the continuous strengthening of labour inspection systems, furthering legal provisions and preparing information materials to optimize inspection, and technical assistance to labour jurisdictions. The Government also refers to Decision No. 425/2019 of the Secretariat of Labour establishing the procedure for action by the National Labour Inspectorate in cases of the presence of persons under 16 years of age engaged in work, which sets out the guidelines to be taken into account by labour inspectors when dealing with victims of child labour. The Committee notes the Government’s indication that, between January 2020 and the first semester of 2021, a total of 17 criminal charges were brought for child labour under section 148bis of the Criminal Code, and it emphasizes that, despite the impact of the pandemic on inspection, all denunciations by citizens of work by children and young persons in violation of the labour regulations were subject to inspection. The Committee further notes that the CGT RA, in its observations on the Worst Forms of Child Labour Convention, 1999 (No. 182), refers to the lack of coordination and inadequacy of the number of inspectors to detect situations of child labour. Taking into account the number of children between the ages of 5 and 15 years who, according to the EANNA, are engaged in work, the Committee requests the Government to continue taking all the necessary measures to strengthen the capacities of the labour inspection system in relation to child labour with a view to ensuring its presence in all the regions of the country and economic sectors, including the informal economy. It once again requests the Government to provide information on the number of inspections carried out in relation to child labour, if possible disaggregated by region and sector of the economy, and on the nature and number of violations detected, the number of convictions and the type of sanctions imposed, including the reasons for the low number of criminal charges brought in light of the high number of very young children engaged in light work.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Confederation of Workers of Argentina (CTA Workers), received on 11 September 2017, those of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 1 September 2017.

Article 1 of the Convention. National policy. Application in practice and labour inspection. In its previous comments, the Committee noted that, according to the CGT RA, the legislation on child labour is not applied in practice by employers, particularly in the agriculture and textile sectors, and that a vast campaign of awareness raising and inspection had been launched to target the offending employers and enterprises. The Committee also noted the National Plan for the Prevention and Elimination of Child Labour 2011–15, the objectives of which included the development of a national system for the compilation of statistical data on child labour and promoting the integration of this information into Government measures, as well as the promotion of technical cooperation between the National Committee for the Eradication of Child Labour (CONAETI) and the Provincial Commissions for the Prevention and Eradication of Child Labour (COPRETI) for the development and integration of objectives at the local level.

The Committee notes the observations of the CTA Workers indicating that child labour is far from being eliminated and reiterating the need to reinforce the inspection system, particularly within the country, to ensure effective compliance with the legislation. The CTA Workers raises the problem of the lack of Government statistics on the child labour situation in the country. The CTA Workers adds that the labour inspection services have not issued any penalties for the crime of child labour, despite the 231 criminal charges brought. The Committee also notes the observations of the CGT RA reporting the adoption by the Government of a National Plan for the Eradication of Child Labour and the Protection of Work by Young Persons (2017–21). However, the CGT RA indicates that the National Plan includes certain shortcomings, and particularly the uncoordinated operation of the COPRETIs. The Committee also notes that, according to the CGT RA, there is a lack of coordination between the bodies responsible for detecting child labour and those in charge of dealing with the cases detected. The CGT RA suggests that the National Plan should include a training plan for officers of the justice system to improve their interventions following the detection of cases of child labour.

The Committee notes the Government’s indication in its report that it is working with the security forces and other key actors to raise awareness and train them on matters relating to child labour. The Government adds that it is continuing to provide technical assistance to the COPRETIs with a view to the development of protocols for the detection of child labour and the restoration of their rights. The Committee notes that, according to the Government, various preventive measures have been introduced, including: (i) centres for young persons; (ii) programmes for centres for the promotion of rights; (iii) technical and financial support for provinces, municipal authorities and non-governmental organizations; and (iv) other specific projects to prevent and eliminate child labour. The Government also reports many activities undertaken between 2014 and 2017, including the preparation of information manuals for employers to inform them concerning the law in force and to prevent child labour. In this respect, the Committee notes with interest that, according to the ILO–UNICEF publication on “Child labour in Argentina, public policies and the development of sectoral and local experiments,” between 2004 and 2012, the percentage of children engaged in work between the ages of 5 and 13 years has fallen by 66 per cent, and that there was a fall of 38 per cent for young persons aged 14 and 15. The Committee also notes that, according to the Government, a National Survey of the Activities of Children and Young Persons (EANNA, 2017) is being conducted with a view to understanding the characteristics and extent of child labour in the country. Finally, the Government indicates that, between 2015 and 2017, the labour inspection services identified 102 cases of work by children aged between 10 and 15 years. The Committee notes that these data are disaggregated by age, gender and economic activity, but that the Government does not indicate the penalties imposed. The Committee takes due note of the reduction of child labour in the country and requests the Government to continue its efforts for the progressive elimination of child labour. It requests the Government to provide detailed information on the National Plan 2017–21 and the results achieved. The Committee also requests the Government to provide updated statistical data compiled on the basis of the EANNA 2017, and particularly data on the nature, extent and trends of work by children and young persons under 16 years of age. Finally, the Committee requests the Government to indicate the nature and number of convictions, and the types of penalties imposed by the labour inspection services when cases of child labour are detected. To the extent possible, this information should be disaggregated by age and gender.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Confederation of Workers of Argentina (CTA), received on 25 August 2014, as well as the observations of the General Confederation of Labour (CGT), received on 1 September 2014.

Article 1. National policy and application in practice. The Committee recalls its previous comments which had noted the results of statistical studies conducted in 2006, according to which 8.4 per cent of children between 5 and 13 years of age and 29.7 per cent of children between 14 and 17 years of age are engaged in economic activity. The Committee also noted the various measures taken by the Government as part of the 2006–10 National Plan for the Prevention and Elimination of Child Labour. The Committee further noted, however, the absence of effective coordination mechanisms, as well as insufficient structures for enforcement at the provincial level.

The Committee notes the observations of the CTA, which highlight the recent legislative reforms in the country – increasing both the minimum age as well as the penal sanctions for infractions with respect to minimum age legislation – and indicate that the Government will need to strengthen its inspection system, particularly in the country’s interior, to ensure the effective application of that legislation. The Committee also notes the recent observations of the CGT, according to which the child labour legislation is not implemented by employers in practice, principally in the agricultural and textile sectors. The CGT states that a major awareness-raising and inspection campaign has been launched to target the offending employers and businesses.

The Committee further notes the Government’s reference to the 2011–15 National Plan for the Prevention and Elimination of Child Labour, which includes detailed information concerning its objectives, among others, to develop a national system of collecting statistical data on child labour and promote the inclusion of such information in governmental measures, as well as promote technical cooperation between the National Committee for the Eradication of Child Labour (CONAETI) and the Provincial Commissions for the Prevention and Eradication of Child Labour (COPRETIs) concerning the formation and integration of objectives on the local level. The Committee notes the Government’s reference, in this respect, to the Protocol between CONAETI and the COPRETIs on an integrated approach on child labour situations. The Government further refers to the “Local Projects for the Prevention and Eradication of Child Labour and the Promotion of Social Dialogue” (hereafter, Local Projects) in which CONAETI provides provincial and municipal assistance. The Government states that, thus far, the Local Projects have been implemented in the municipalities of Machagai (Chaco), Tupungato (Mendoza), Bahia Blanca and General Pueyrredon (Buenos Aires).

The Committee further notes the Government’s information concerning a Permanent Household Study, which reflects the results of the Child and Adolescent Labour Observatory, which was carried out in 2012 (published in 2013). The Committee notes the additional detailed information of this study annexed to the Government’s report. According to this information, between 2004 and 2012, the incidence of labour carried out by children between 5 and 13 years decreased from 7.8 per cent to 3.4 per cent, and labour carried out by children between 14 and 15 years decreased from 14.2 per cent to 8.7 per cent. The Government indicates that incidences of child labour is highest in the informal sector (47.77 per cent) and the agricultural sector (15.90 per cent). Finally, the Committee notes the detailed information annexed to the report concerning the number of labour inspection findings, infractions and penal sanctions, disaggregated by region, economic activity, age and gender for the period 2010–14. The Committee requests the Government to continue to strengthen its efforts to ensure the effective implementation of the 2011–15 National Programme, particularly in the textile and agricultural sectors. The Committee also requests the Government to continue to transmit statistical data on the nature, extent and trends of the labour of children and young persons working below the minimum age specified by the Government.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2(2) and (5) of the Convention. Raising the minimum age for admission to employment or work. In its previous comments, the Committee noted the Government’s declaration to the Director-General officially raising the minimum age for admission to employment or work from 15 to 16 years. The Committee notes with satisfaction that, under Act No. 26.390 on the prohibition of child labour and the protection of adolescent workers, the national minimum age has been raised to 16 years. Moreover, the Committee notes that the 16 year minimum age has also been incorporated into Act No. 26.727 on the regimen of agricultural work as well as Act No. 26.844 on the regimen of special contracts for workers in special cases, such as domestic work.

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

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

Article 2(2) and (5) of the Convention. Raising the minimum age for admission to employment or work. Further to its previous comments, the Committee notes with satisfaction the Government’s indication in a statement to the Director-General dated 25 May 2010 that it is officially raising the minimum age for admission to employment or work from 15 to 16 years.

Article 1 and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the results of the 2004 study (subsequently published in 2006) entitled “Childhood and adolescence: Work and other economic activities” conducted by ILO–IPEC, the National Statistics and Census Institute of Argentina and the Ministry of Labour, Employment and Social Security in three provinces in the north-west of the country (Jujuy, Salta and Tucumán), two in the north-east (Formosa and Chaco), the province of Mendoza and the metropolitan region of Buenos Aires. It noted with interest the measures taken as part of the implementation of the National Plan for the Prevention and Elimination of Child Labour. In this regard, it particularly noted the following information: (i) the signing of an agreement between the Ministry of Labour, Employment and Social Security and the Ministry of Education, Science and Technology with a view to implementing the National Programme for Educational Integration, which provides for measures to enable working children to quit their jobs and re-enter or remain in the school system, including remedial courses and economic assistance; (ii) the establishment of the network of enterprises against child labour on 27 June 2007; (iii) the increased participation of workers’ organizations in efforts to combat child labour, which led to the signing of a memorandum of intent for the prevention and elimination of child labour in agriculture on 12 June 2007; (iv) training workshops for labour inspectors and tobacco producers in Salta and Jujuy; and (v) campaigns to raise awareness of the use of child labour, especially in tobacco plantations, among the general public, teachers and health officials. The Committee also noted that the results of a survey conducted in 2006 on the work of boys, girls and young persons between 5 and 17 years of age in the provinces of Córdoba and Misiones were being validated.

The Committee notes the results of the 2006 survey communicated in the Government’s report. According to this survey, 8.4 per cent of children between 5 and 13 years of age and 29.7 per cent of children between 14 and 17 years of age are engaged in economic activity. As regards the province of Córdoba, children between 5 and 13 years of age work particularly in the following sectors: assistance in commerce, office work or workshops, childcare, non-residential care for elderly or sick persons, and other service-related or commercial activities such as roadside vending or services rendered to third parties. The main areas of activity of young persons between 14 and 17 years of age are assistance in commerce, work in offices or workshops, assistance with construction or repair work and other activities in the tertiary sector such as non-residential care for elderly or sick persons. The vast majority of children between 5 and 13 years of age in the province of Córdoba are involved in family work (72 per cent), whereas young persons between 14 and 17 years of age generally work for an employer (44 per cent) or on a self-employed basis. In addition, the survey reveals that premature entry to the world of employment has a negative impact on children’s success in school. Accordingly, 15 per cent of children who worked during the reference week used for the survey have repeated a school year and 50 per cent of working adolescents do not attend school in the province of Córdoba. The Committee notes the Government’s indication that the percentage of young people who work and do not attend school in the other provinces of the country, as shown by the 2004 study, is lower than in the province of Córdoba (25 per cent).

The Committee duly notes the various measures taken by the Government as part of the National Plan for the Prevention and Elimination of Child Labour. It notes in particular that, under Decree No. 1602/2009 of 29 October 2009, the provision of family benefits has been expanded and these are now awarded to children whose parents are unemployed or working in the informal or domestic sectors. It also notes that various training workshops have been established in order to strengthen the labour inspectorate in its action to prevent and combat child labour. According to the information supplied in the Government’s report, between 2007 and 2009 labour inspectors identified 43,042 children who were at risk. Finally, the Committee observes that provincial committees were set up in 23 out of 24 provinces in the country. The task of these committees is to implement locally the measures adopted in the context of the National Plan. Two national meetings of regional committees are held each year in order to formulate joint action strategies.

The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of June 2010 on the third and fourth periodic reports of Argentina (CRC/C/ARG/CO3-4, paragraph 73) noted with concern the absence of effective coordination mechanisms, as well as insufficient structures for enforcement at the provincial level. The Committee requests the Government to step up its efforts to ensure the effective implementation of the National Plan for the Prevention and Elimination of Child Labour, particularly at provincial level. It requests the Government to continue to supply information on the action taken and the results achieved in the context of the National Plan, indicating the number of children who have benefited from these measures. The Committee further requests the Government to continue to supply information on the manner in which the Convention is applied in practice, including extracts from the reports of the inspection services and information on the number and nature of violations reported and penalties imposed.

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

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted a study entitled “Childhood and adolescence: Work and other economic activities”, carried out by ILO–IPEC, the National Statistics and Census Institute of Argentina and the Ministry of Labour, Employment and Social Security, published in 2006. According to this study, out of a total of 193,095 children aged between 5 and 13 years who were engaged in work when the study was undertaken in 2004, 116,990 worked for their parents or other family members, 61,074 worked on their own account, 11,694 worked for an employer and 3,337 were engaged in another activity. The study also demonstrated that the scale of child labour is greater in rural than in urban areas and that girls, particularly adolescent girls, are engaged in “intense domestic work”. The sectors most concerned were commerce, agriculture, stock rearing, hotels, catering, construction, furniture manufacturing and domestic work. The Committee noted that a new National Plan for the Prevention and Elimination of Child Labour had been formulated.

The Committee notes with interest the detailed information provided by the Government on the measures taken to implement the National Plan for the Prevention and Elimination of Child Labour. It particularly took note of the following information:

–      the signing of an agreement between the Ministry of Labour, Employment and Social Security and the Ministry of Education, Science and Technology with a view to implementing the National Programme for Educational Integration, which provides for measures to enable boys and girls at work to leave their work and rejoin or remain within the school system, including remedial courses and economic assistance;

–      the establishment of the network of enterprises against child labour on 27 June 2007;

–      the increased participation of workers’ organizations in efforts to combat child labour, which led to the signing of a Memorandum of Intent for the prevention and elimination of child labour in the agricultural sector on 12 June 2007;

–      training workshops for labour inspectors and tobacco producers in Salta and Jujuy; and

–      campaigns to make the population, teachers and health officials aware of child labour, especially in tobacco plantations.

The Committee also notes the Government’s statement that monitoring centres for child labour will be set up in the country. The aim of these centres is to gather and analyse of information on child labour, and promote cooperation between the players at government level and NGOs. The Committee also takes due note of the Government’s statement that a survey on the work of boys, girls and young persons aged between 5 and 17 years of age in the provinces of Córdoba and Misiones was carried out at the end of 2006. The findings of this survey are currently being verified.

The Committee appreciates the measures made by the Government to abolish child labour, which demonstrate its political will to develop strategies to combat this problem. It requests the Government to continue its efforts to eliminate child labour. In this respect, the Committee requests the Government to continue providing information on the measures that will be adopted in the context of the National Plan for the Prevention and Elimination of Child Labour and on the results achieved. The Committee also invites the Government to send information on the application of the Convention in practice by giving, for example, statistical data on the employment of children and young people and extracts from reports of the inspection services. Finally, it requests the Government to provide a copy of the findings of the survey on the work of boys, girls and young persons aged between 5 and 17 years of age in the provinces of Córdoba and Misiones, once they have been verified.

Article 2, paragraph 1. Scope of application. The Committee previously pointed out that the national legislation governing the admission of children to employment or work did not apply to non-contractual employment relations, such as work carried out by children on their own account. In this regard, the Government indicated that the activities undertaken by young persons outside the context of the law were not exercised on their own account, but as a survival strategy. The Committee noted that, according to the study entitled “Childhood and adolescence: Work and other economic activities”, it was increasingly frequent for children under 14 years of age to be engaged in activities on their own account or for survival in the country. It stressed that children who carried out an economic activity without a contractual employment relationship, particularly on their own account or as part of a survival strategy, must benefit the protection afforded by the Convention.

The Committee notes with satisfaction that section 2(3), of Act No. 26.390 of 25 June 2008 on the prohibition of child labour and protection of young workers (Act on the prohibition of child labour and protection of young workers), provides that work involving children under 16 years of age is prohibited in all its forms, irrespective of whether or not there is a contractual employment relationship or whether or not the work is remunerated. It also notes that, under section 2(5), the labour inspection services must exercise their role to enforce this prohibition.

Article 2, paragraphs 2 and 5. Raising the minimum age for admission to employment or work. Referring to its previous comments, the Committee notes with interest that the Act on the prohibition of child labour and protection of young workers raises the minimum age of admission to employment or to work initially specified. Under sections 7 and 23 of this Act, the minimum age of admission to employment provided under section 189 of Act No. 20.744 on labour contracts (Act on labour contracts) is raised from 14 to 15 years, until 25 May 2010, and, after that date, the age will be raised from 15 to 16 years. The Committee also notes that the Act on the prohibition of child labour and protection of young workers also raises the minimum age of employment from 14 to 15 years, in an initial stage, and then from 15 to 16 years, in the following legislation: Legislative Decree No. 326/56 of 20 January 1956 on domestic service; Act No. 22.248 of 10 July 1989 on the national scheme of agricultural work (Act on the national scheme of agricultural work); Act No. 23.551 of 22 April 1988 on trade union associations; and Act No. 25.013 of 2 September 1998 on labour reform, including apprenticeship contracts. The Committee takes the opportunity to draw the Government’s attention to the provisions of paragraph 2 of Article 2 of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office.

Article 7. Light work. In its previous comments, the Committee had noted that neither section 189 of the Act on labour contracts nor section 107 of the Act on the national scheme of  agricultural work established an age for admission to employment in the case of light work. The Committee notes with satisfaction that section 189bis(1) of the Act on labour contracts, as added by the Act on the prohibition of child labour and protection of young workers, established that young persons aged more than 14 years and less than 16 years may be employed in enterprises belonging to their father, mother or tutor, for a period not exceeding three hours per day and 15 hours per week, provided that these activities are not dangerous or harmful and prevent them from going to school. The family enterprises in which the minor is working must request authorization from the administrative labour authority in the district concerned. Under section 189bis(2), this authorization cannot be requested if the family enterprise is economically dependent upon another enterprise. Furthermore, the Committee notes that section 107 of the Act on the national scheme of agricultural work, as amended by the Act on the prohibition of child labour and protection of young workers, provides the same regulation as that contained in section 189bis of the Act on labour contracts.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the attached documents. The Committee notes the adoption of Act No. 26061 of 28 September 2005 on the global protection of the rights of girls, boys and young persons and National Decree No. 415/2006, issuing regulations under the Act on the global protection of the rights of girls, boys and young persons.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. With reference to its previous comments, in which it expressed deep concern at the situation of children under 14 years of age who are compelled to work in Argentina through personal necessity, the Committee takes due note of the information provided by the Government in its report in relation to the implementation of national programmes for the prevention and elimination of child labour in rural and urban areas.

The Committee notes the study entitled “Childhood and adolescence: Work and other economic activities”, carried out in 2004 by ILO/IPEC, the National Statistics and Census Institute of Argentina and the Ministry of Labour, Employment and Social Security in three provinces in the north-west of the country (Jujuy, Salta and Tucumán), two in the north-east (Formosa and Chaco), the Province of Mendoza and the metropolitan area of Buenos Aires, which was published in 2006. According to this study, with regard to children aged between 5 and 13 years, of a total of 193,095 children engaged in work when the study was undertaken, 116,990 worked for their parents or other family members, 61,074 worked on their own account, 11,694 worked for an employer and 3,337 were engaged in another activity. Children often work long hours and sometimes perform hazardous activities. The study demonstrates that the scope of child labour is greater in rural than in urban areas and that girls, particularly adolescent girls, are engaged in “intense domestic work”. The sectors most concerned are commerce, domestic work, agriculture, stock-rearing, housework, hotels, catering, construction and furniture manufacturing.

The Committee notes the information provided by the Government that a new National Plan for the Prevention and Elimination of Child Labour and a National Plan of Action for Boys, Girls and Young Persons have been formulated. It also notes that the Government has recently launched several programmes of action for the prevention and elimination of child labour. These programmes will target children working in public rubbish dumps, the harvesting of fruit and vegetables and who perform various activities in the streets or are engaged in domestic work. The Committee greatly appreciates the efforts made by the Government to combat child labour and strongly encourages it to continue in its efforts to progressively improve the situation. The Committee requests the Government to continue providing detailed information on the manner in which the Convention is applied in practice, including, for instance, statistical data disaggregated by sex on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention and in hazardous types of activities, and extracts of the reports of the inspection services. It also requests the Government to provide information on the measures adopted in the context of the implementation of the two plans of action referred to above for the elimination of the worst forms of child labour. Furthermore, the Committee requests the Government to provide information on the results achieved through the implementation of the new programmes of action on the prevention and elimination of child labour.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that, under the terms of sections 32 and 187 of Act No. 20744 respecting labour contracts, young persons between 14 and 18 years of age may, under certain conditions, be party to a labour contract. It noted that the national legislation governing the admission of children to employment or work does not apply to employment relations which are not a result of a contract, such as work carried out by young persons on their own account. The Government indicated that the labour legislation establishes a minimum age for admission to employment of young persons who perform an activity in the context of a contractual employment relationship, but remains silent with regard to children exercising an economic activity on their own account. It also indicated that the activities undertaken by young persons outside the context of the law are not activities exercised on their own account, but a survival strategy. The Committee requested the Government to provide information on the measures adopted or envisaged to ensure that the protection afforded by the Convention is secured for children exercising an economic activity on their own account.

The Committee notes the information provided by the Government to the effect that, as work by children under the minimum age for admission to employment is prohibited in the country, the national legislation does not contain provisions on work by children for their own account. There is therefore no reason for activities undertaken by children in this context or as survival strategies to be regulated by labour law. The Committee takes due note of the information provided by the Government on the measures adopted in the context of the National Plan for the Prevention and Elimination of Child Labour with a view to adapting and strengthening the inspection services in relation to child labour. In particular, it notes that, in the context of this Plan, it is envisaged to adopt legal provisions extending the intervention of labour inspectors to all economic activities undertaken by children, including those carried out as part of survival strategies. The Committee notes that, according to the study entitled “Childhood and adolescence: Work and other economic activities”, it is increasingly frequent for children under 14 years of age to be engaged in activities on their own account or for survival and that they may jeopardize the development of the children concerned. In this context, the Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment and work, whether or not there exists a contractual employment relationship and whether or not the work is paid. It therefore points out that children who carry out an economic activity without a contractual employment relationship, particularly on their own account or as part of a survival strategy, must enjoy the protection afforded by the Convention. The Committee would be grateful if the Government would adopt the planned measures as soon as possible to adapt and strengthen the inspection services in relation to child labour. In this respect, it requests the Government to provide information on the measures adopted or envisaged to enable labour inspectors to target children engaged in an economic activity on their own account, thereby securing the protection afforded by the Convention to all children.

Article 2, paragraph 2. Raising the minimum age for admission to employment or work. The Committee noted previously the information provided by the Government that a meeting between the National Commission for the Elimination of Child Labour (CONAETI), the Coordinating Unit for International Affairs of the Ministry of Labour, Employment and Social Security and the Ministry of Education, Science and Technology had led to the formulation of a new wording of section 189 of Act No. 20744 on labour contracts, which would raise the minimum age for admission to employment or work from 14 to 15 years. It requested the Government to provide information in this respect. The Committee notes the information provided by the Government that, although the national economy has improved over the past three years, social and economic indicators show that progress still needs to be made. It also notes the Government’s indication that the autonomous city of Buenos Aires adopted Act No. 937, establishing the minimum age for admission to employment or work at 15 years. The Committee further notes that, according to the information available to the Office, during the first National Forum on the Prevention and Elimination of Child Labour, held in September 2006, the idea of increasing the minimum age for admission to employment or work was discussed and draft legislation formulated. The Committee requests the Government to provide information on the progress of this work and to provide a copy of the Act as soon as it is adopted.

Article 7. Light work. The Committee noted previously that, under the terms of section 189 of Act No. 20744 on labour contracts, young persons under 14 years of age may work in enterprises in which only members of the same family are engaged, on condition that their activities are not hazardous or harmful. It also noted that, in the agricultural sector, section 107 of Act No. 22248 authorizes young persons under 14 years of age to work in family firms where their work does not prevent their regular attendance at primary education. The  Committee considered that neither section 189 of Act No. 20744 on labour contracts, nor section 107 of Act No. 22248 establish an age for admission to employment in light work. In this respect, the Government indicated that the types of work permitted by section 107 of Act No. 22248 may be considered as light work. According to the Government, the exception contained in section 107 is based on a deep-rooted social practice of an atavistic cultural nature in relation to which the National Agrarian Labour Commission is undertaking awareness-raising activities with a view to the elimination of the scourge of child labour. The Committee requested the Government to take the necessary measures to ensure that effect is given to the Convention by providing that employment on light work may only be authorized for persons from 12 to 14 years of age.

In its report, the Government refers to the provisions of the labour legislation relating to hazardous types of work performed by children, working time and night work. While taking due note of this information, the Committee observes once again that neither section 189 of Act No. 20744 on labour contracts, nor section 107 of Act No. 22248 establish an age for admission to light work. In view of the statistics referred to above, the Committee is bound to remind the Government that, under the terms of Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment of persons between 12 and 14 years of age on light work or the performance by such persons of light work, provided that such work is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore once again requests the Government to take the necessary measures to ensure that effect is given to the Convention by providing that employment on light work may only be authorized for persons from 12 to 14 years of age in accordance with the conditions prescribed by Article 7, paragraph 1, of the Convention. It also requests the Government to indicate whether the national legislation includes provisions prescribing the number of hours during which and the conditions in which light work may be undertaken, in accordance with Article 7, paragraph 3, of the Convention, and to provide a copy of the respective provisions.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 2 of the Convention. 1. Scope of application. In its previous comments, the Committee noted that under section 189 of Act No. 20.744 respecting labour contracts, the minimum age for admission to employment or work, whether or not it is remunerated, is 14 years. It also noted that under sections 32 and 187 of Act No. 20.744, young persons between 14 and 18 years of age may, under certain conditions, be party to a labour contract. The Committee noted that the national legislation governing the admission of children to employment or work does not apply to employment relations which are not a result of a contract, such as work carried out by young persons on their own account. In its report, the Government indicates that the labour legislation establishes a minimum age for admission to employment of young persons who perform an activity in the context of a contractual employment relationship and remains silent with regard to children exercising an economic activity on their own account. It also states that the activities undertaken by young persons on a public thoroughfare outside the context of the law are not activities exercised on their own account, but a survival strategy. While noting this information, the Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is paid. Taking into account the statistical information contained in the document on the child labour situation in Argentina (a summary of the report analysing child labour in Argentina), prepared by ILO/IPEC and the Ministry of Labour in 2000-01, the Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that the protection afforded by the Convention is secured for children exercising an economic activity on their own account.

2. Raising the minimum age for admission to employment or work. Further to its previous comments, the Committee notes that at a meeting between the National Commission for the Elimination of Child Labour (CONAETI), the Coordinating Unit for International Affairs of the Ministry of Labour, Employment and Social Security and the Ministry of Education, Science and Technology the participants agreed on the new wording of section 189 of Act No. 20.744 respecting labour contracts. This new provision should raise the minimum age for admission to employment or work from 14 to 15 years. However, the Committee notes that no draft legislation has yet been adopted for this purpose by the legislative authorities. It requests the Government to provide the Office with any new information in this respect.

Article 7. Light work. In its previous comments, the Committee noted that under the terms of section 189 of Act No. 20.744 respecting labour contracts, young persons under 14 years of age may work in enterprises in which only members of the same family are engaged, on condition that their activities are not hazardous or harmful. It also noted that, in the agricultural sector, section 107 of Act No. 22.248 authorizes young persons under 14 years of age to work in family farms where their work does not prevent their regular attendance at primary education. It further noted the Government’s indications that the types of work envisaged in section 107 of Act No. 22.248 may be considered to be light work. In its report, the Government states that the exception contained in section 107 is based on a deep-rooted social practice of an atavistic cultural nature in relation to which the National Agrarian Labour Commission is undertaking awareness activities with a view to the elimination of the scourge of child labour. While noting the information provided by the Government, the Committee notes once again that neither section 189 of Act No. 20.744 respecting labour contracts, nor section 107 of Act No. 22.248 establish an age for admission to light work. It is therefore bound once again to remind the Government that, by virtue of Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment of persons of 12 to 14 years of age on light work or the performance by such persons of light work provided that such work is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee urges the Government to take the necessary measures to ensure that effect is given to the Convention by providing that employment on light work may only be authorized for persons from 12 to 14 years of age in accordance with the conditions prescribed by Article 7, paragraph 1, of the Convention. It also requests the Government to indicate whether the national legislation includes provisions prescribing the number of hours during which and the conditions in which light work may be undertaken, in accordance with Article 7, paragraph 3, of the Convention, and to provide a copy thereof.

Article 8. Artistic performances. The Committee noted that Decree No. 4364/66 establishes the procedure for authorizing the participation of young persons under 18 years of age in artistic performances. In accordance with the Decree, the Ministry of Labour shall, when granting the authorization to work, ascertain that certain conditions are complied with, and particularly that the health, morals and life of children and young persons are not endangered, that the activities are not carried out at night and that the children benefit from a period of rest of at least 14 consecutive hours. The Committee once again requests the Government to provide a copy of Decree No. 4364/66.

Part V of the report form. Application of the Convention in practice.  Referring to its general observation of 2003, the Committee noted that the application of the Convention frequently continues to give rise to serious difficulties in practice. The Committee takes note of the document entitled "The situation of child labour in Argentina", summarizing a report analysing child labour in Argentina, prepared by ILO/IPEC and the Ministry of Labour in 2000-01 and containing statistical data for 1997 and 1998. According to this document, the population of children between 5 and 14 years of age in Argentina was 5.7 million in 1997. Of this number, taking into account "children who work outside the home or earn tips or habitually assist in family work or neighbours", some 395,780 children worked in urban areas and 87,022 in rural areas, making a total of 482,803 children. Furthermore, when taking into account "children who work outside the home and earn tips or habitually help with family work or neighbours or do housework when their elders are absent", some 1,232,852 children work in urban areas and 271,074 in rural areas. According to this document, there is a greater incidence of child labour in rural areas, with a child labour rate of 10.4 per cent, compared with 6.7 per cent in urban areas, for the first type of child labour, and 32.4 per cent in rural areas, compared with 20.8 per cent in urban areas for the latter. The Committee notes that the school attendance rate of child workers was 92.2 per cent, with 7.8 per cent no longer attending school, although they had attended it previously. The Committee observes that these statistical data are for 1997 and 1998. It notes that, in its concluding observations concerning the second periodic report of Argentina in October 2002 (CRC/C/15/Add.187, paragraph 58), the Committee on the Rights of the Child noted with deep concern the growing number of children under 14 who are exploited economically, in particular in rural areas, because of the economic crisis.

The Committee however notes that the National Plan for the Prevention and Elimination of Child Labour envisages a National Programme for the Prevention and Elimination of Child Labour in Rural Areas, which applies to children under 14 years of age who work or are at risk of working in rural areas. The Committee also notes that the National Plan envisages a Programme for the Prevention and Elimination of Child Labour in Urban Areas. This latter Programme commenced in 2003 and will be completed in 2008. It applies to boys and girls under 14 years of age who work or are at risk of working in urban areas. The Committee also notes that the Ministry of Labour, Employment and Social Security and ILO/IPEC signed an agreement in 2003 for the preparation of a child labour study, which is due to be completed on 31 December 2004. The objective of the study is to compile, analyse and disseminate quantitative and qualitative information on child labour in Argentina. The study will cover the region of Gran Buenos Aires, which includes the city of Buenos Aires and the 24 surrounding municipalities, and the region of Cuyo, which consists of the provinces of Mendoza, San Juan and San Luis.

The Committee expresses its deep concern at the situation of children under 14 years of age who are compelled to work in Argentina through personal need. It therefore strongly encourages the Government to renew its efforts to improve this situation progressively. The Committee requests the Government to provide the information gathered by the child labour study prepared by the Ministry of Labour, Employment and Social Security and ILO/IPEC. It also requests the Government to provide information on the implementation of the National Programme for the Prevention and Elimination of Child Labour in Rural Areas and the Programme for the Prevention and Elimination of Child Labour in Urban Areas, and the results achieved.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report. Furthermore, it notes with interest that on 5 February 2001 Argentina ratified the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 2 of the Convention. 1. Scope of application. The Committee notes that by virtue of section 189 of Act No. 20.744 respecting contracts of employment, the minimum age for admission to employment or work, whether or not it is remunerated, is 14 years. It also notes that under sections 32 and 187 of Act No. 20.744, young persons between 14 and 18 years of age may, under certain conditions, be party to a contract of employment. The Committee notes that the national legislation governing the admission of children to employment or work does not apply to employment relations which are not a result of a contract, such as work carried out by young persons on their own account. While noting the information provided by the Government in its report, the Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. It therefore requests the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children performing an economic activity on their own account.

2. Raising the minimum age. Further to its previous comments, the Committee notes with interest the Bill submitted to Congress and attached to its report to raise the minimum age for admission to employment or work to 15 years. It requests the Government to provide information concerning the progress achieved in this respect and to provide a copy of the Act once it has been adopted.

3. Compulsory school-leaving age. In its previous comments, the Committee noted that, under section 189(3) of Act No. 20.744 respecting contracts of employment, a work permit may be granted to a young person before the compulsory school-leaving age by the ministry where the work is considered indispensable for the survival of the young person or her or his family. However, it noted that no minimum age is envisaged where a permit is granted to a young person who has not completed compulsory schooling. The Committee notes with interest the information provided by the Government in its report that, where the ministry authorizes work by a young person who has not completed compulsory schooling, the minimum age for admission to employment or work set forth by Act No. 20.744 respecting contracts of employment, namely 14 years, is applicable. The Committee also notes with interest the Government’s indication that the Federal Education Act provides that compulsory education is from 5 to 15 years (section 10 of the Act).

Article 3. Further to its previous comments, the Committee notes with interest the information provided by the Government in its report to the effect that, even though Act No. 11.317 was adopted in 1924, the policy of the Argentinian Government has always been to consult the social partners.

Article 7. In its previous comments, the Committee noted that under the terms of section 189 of Act No. 20.744 respecting contracts of employment, young persons under 14 years of age may work in enterprises in which only members of the same family are engaged, on condition that their activities are not hazardous or harmful. It also noted that, in the agricultural sector, section 107 of Act No. 22.248 authorizes young persons under 14 years of age to work in family farms where their work does not prevent their regular attendance at primary education. In its report, the Government indicates that the types of work envisaged in section 107 of Act No. 22.248 may be considered to be light work. It also states that it is necessary to take into account section 112 of Act No.  22.248 prohibiting hazardous work in agriculture for young persons under 18 years of age. While noting the information provided by the Government, the Committee notes that neither section 189 of Act No. 20.744 respecting contracts of employment nor section 107 of Act No. 22.248 establish an age for admission to light work. In this respect, it reminds the Government that, by virtue of Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment of persons of 12 to 14 years of age on light work, provided that such work is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee requests the Government to take the necessary measures to ensure that effect is given to the Convention by providing that employment on light work may only be authorized for persons of 12 to 14 years of age in accordance with the conditions prescribed by Article 7, paragraph 1, of the Convention. It also requests the Government to indicate whether the national legislation includes provisions prescribing the number of hours during which, and the conditions in which, light work may be undertaken, in accordance with Article 7, paragraph 3, of the Convention, and to provide a copy thereof.

Article 8. Further to its previous comments, the Committee notes the information provided by the Government in its report to the effect that Decree No. 4364/66 establishes the procedure for authorizing the participation of young persons under 18 years of age in artistic performances. In accordance with the Decree, the Ministry of Labour shall, when granting the authorization to work, ascertain that certain conditions are complied with, and particularly that the health, morals and life of children and young persons are not endangered, that the activities are not carried out at night and that the children benefit from a period of rest of at least 14 consecutive hours. The Committee requests the Government to provide a copy of Decree No. 4364/66.

Article 1 and Part V of the report form. Further to its previous comments, the Committee notes with interest the activity report for 2002 of the National Commission for the Elimination of Child Labour, supplied by the Government with its report, which provides detailed information on the National Plan and National Programme of Action for the Prevention and Progressive Elimination of Child Labour, the Subregional Plan of Action in the context of MERCOSUR and the survey of child labour in Argentina. However, the Committee notes that in its concluding observations on the second periodic report of Argentina the Committee on the Rights of the Child notes with deep concern the growing number of children under 14 who are exploited economically, in particular in rural areas, because of the economic crisis (CRC/C/15/Add.187, paragraph 58). The Committee notes that this observation corroborates the information contained in the survey of child labour in Argentina. It requests the Government to continue providing information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s reports. It also notes the information provided by the Government in reply to its comments concerning the Minimum Age (Agriculture) Convention, 1921 (No. 10), and the Minimum Age (Non‑Industrial Employment) Convention, 1932 (No. 33). The Committee requests the Government to provide further information on the following points.

Article 1 of the Convention.  The Committee notes the adoption of Decree No. 719 of 25 August 2000, creating the National Commission for the Eradication of Child Labour. Section 1 of the Decree provides that the Commission shall coordinate, evaluate and follow up the efforts made for the prevention and the effective eradication of child labour. The Committee requests the Government to provide information on the activities of the National Commission.

The Committee also notes Act No. 25.212 ratifying the Federal Labour Charter of 23 December 1999. It notes that the Charter includes in Annex IV a national action programme on child labour. This national action programme takes into account the proposal approved in October-November 1993 during a national seminar on child labour organized jointly by the ILO, UNICEF and the Ministry of Labour and Social Security. Article 16 of the national action programme provides that the document has the objective of establishing and implementing a national strategy to prevent and eradicate child labour. The Committee requests the Government to provide information on the national action programme, and particularly on the progress made in the above national strategy.

Article 2, paragraph 1.  The Committee notes that section 189 of Act No. 20.744 respecting contracts of employment sets the minimum age of admission to employment, whether or not it is remunerated, at 14 years. The Committee recalls that the Convention also covers work performed outside any employment relationship, including work carried on by young persons on their own account. The Committee requests the Government to indicate the measures which have been taken or are envisaged with a view to giving full effect to the Convention on this point.

Article 2, paragraphs 2, 4 and 5.  The Committee notes that the Government avails itself of the possibility offered by Article 2, paragraph 4, of the Convention to initially specify a minimum age of 14 years. It also notes the information contained in the Government’s report that a Bill to raise the minimum age of admission to employment has been submitted to the Congress of the Nation. The Committee requests the Government to provide information concerning the progress made in the adoption of the above Bill.

The Committee notes the information provided by the Government in its additional declaration of June 1997 to the effect that consultations have been held with employers’ and workers’ organizations with a view to fixing the minimum age for admission to employment at 14 years. The Committee requests the Government to provide additional information on such consultations, such as an indication of the organizations which participated in them.

Article 2, paragraph 3.  The Committee notes that section 189(3) of Act No. 20.744 respecting contracts of employment provides that a young person may not work before completing compulsory education. Nevertheless, an authorization to work may be granted to a young person before completion of her or his compulsory education by the Ministry where the work is considered essential for the survival of the young person or her or his family. The Committee notes that no minimum age is established for cases in which authorizations are accorded to young persons who have not completed their compulsory education. The Committee, therefore, requests the Government to indicate whether the national legislation sets a minimum age, taking into account the fact that in no case must this age be lower than 14 years. Please provide a copy of any relevant text. Furthermore, the Committee notes that no age is set for completion of compulsory education. It, therefore, requests the Government to indicate whether the national legislation establishes an age for the completion of compulsory education and, if so, to provide a copy of the respective provisions.

Article 3.  The Committee notes that, by virtue of sections 176 and 191 of Act No. 20.744 respecting contracts of employment, young persons under 18 years of age working in the morning and the afternoon may not be assigned to difficult, hazardous or unhealthy work and that the same prohibition is established in agriculture by section 112 of Act No. 22.248, under the terms of its implementing regulations. The Committee also notes that sections 10 and 11 of Act No. 11.317 respecting the employment of young persons and women and sections 1 and 2 of the Decree issued under Act No. 11.317 establish a list of activities which are hazardous or liable to jeopardize the health of young persons under 18 years of age. The Committee requests the Government to indicate whether, when preparing such lists, consultations were held with organizations of employers and workers, as required by Article 3, paragraph 2, of the Convention. The Committee also requests the Government to indicate whether the legislation establishes a similar prohibition for work which may jeopardize the morals of young persons under 18 years of age.

With regard to agriculture, the Committee requests the Government to specify whether the regulations prohibiting hazardous and unhealthy work, referred to in section 112 of Act No. 22.248, have been adopted and, if so, to provide a copy to the Office.

Article 6.  The Committee notes that the National Employment Act, No. 25.013, carried out a far-reaching reform of the apprenticeship system and that section 1 of the above Act sets the minimum age for entering apprenticeship at 15 years. It also notes that Decrees Nos. 14.538/44 and 6648/45 issue regulations governing pre-apprenticeship schemes and vocational guidance for young persons between 14 and 18 years of age. The Committee requests the Government to indicate whether Decrees Nos. 14.538/44 and 6648/45 are still in force and whether consultations with employers’ and workers’ organizations were held, in accordance with the Convention.

Article 7.  The Committee notes that section 189 of Act No. 20.744 respecting contracts of employment provides that young persons of 14 years of age may work in enterprises in which only members of the same family are engaged, on condition that their activities are not hazardous or harmful. It also notes that in agriculture section 107 of Act No. 22.248 authorizes young persons of 14 years of age to work in family farms where their work does not prevent their regular attendance at primary education. The Committee can understand that this work may be considered to be light work, as referred to in Article 7 of the Convention. Nevertheless, the Committee requests the Government to: (a) confirm whether the work envisaged by the above provisions may be considered to be light work within the meaning of this Article of the Convention; and (b) provide information concerning any provisions which may have been adopted respecting the hours of work and conditions under which employment or work is performed, as set out in Article 7, paragraph 4.

Article 8.  The Committee notes that section 22 of Act No. 11.317 respecting the employment of young persons and women provides that a penalty shall be imposed on any person who employs a young person of 16 years of age in a performance at night. In view of the fact that this provision only covers the employment of young persons in performances at night, the Committee requests the Government to indicate whether use is made of the exception set out in this Article for the participation of young persons in other activities and, if so, it requests the Government to indicate the procedure for issuing authorizations and the conditions to which they are subjected. The Committee also requests the Government to indicate whether consultations were held with the organizations of employers and workers concerned.

Article 9, paragraph 3.  The Committee notes that section 52 of Act No. 20.744 respecting contracts of employment requires the employer to keep a register indicating the name and civil status of all workers. The Committee also notes Decision No. 113/91(S.T.) which includes an additional protocol, section 6 of which entrusts the Ministry of Labour with the development of a single register to be completed by the employer. The Committee notes that these two provisions do not however require the age of workers to be indicated. The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that registers indicate the age and date of birth of young persons engaged in work. The Committee also requests the Government to provide a copy of the above register.

Part V of the report form.  The Committee notes the report of the National Directorate of Industrial Relations, which was attached to the Government’s report. It notes in particular the results of certain inspection activities which found young persons at work who had not reached the minimum age of admission to employment. The Committee also notes the annual report of the labour inspection services.

The Committee notes the information provided in the first report submitted by the Government to the Committee on the Rights of the Child at its 7th meeting (CRC/C/8/Add.17) held on 11 and 12 October 1994. The Committee of Experts notes in particular that the above report indicates that child labour is a serious problem, whose dimensions are certainly greater than is usually recognized, and that child labour is particularly important in informal and urban activities. The Committee of Experts also notes that the government representative stated to the Committee on the Rights of the Child that the incidence of child labour is in practice greater in Buenos Aires and the surrounding regions, where the number of children under 14 years of age working illegally in the informal sector was estimated at 27,000. He also stated that many children also worked in major cities such as Córdoba, Tucumán and Rosario. The Committee notes that programmes to combat the economic exploitation of children have been implemented (CRC/C/SR.179).

The Committee, therefore, requests the Government to continue providing information on the application of the Convention in practice and, in particular, extracts from official inspection reports and statistics on the employment of young persons, with particular reference to the percentage of children at work by age, the sectors in which they work, and data respecting education (drop-outs, part-time studies).