Minimum Age Convention, 1973 (No. 138) - Oman (Ratification: 2005)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2(3) of the Convention. Age of completion of compulsory education. The Committee previously noted that basic education in Oman is of a ten-year duration, and is normally completed by 16 years of age. The Committee also noted that the Children’s Act of 2014, states that the minimum age for admission to employment is 15 years (section 46). The Committee requested the Government take the necessary measures to raise the minimum age for admission to employment from 15 to 16 years of age.

The Committee notes the Government’s indication in its report that this question is still under examination by the relevant authorities. The Committee therefore once again requests that the Government take the necessary measures to raise the minimum age for admission to employment from 15 to 16 years of age, in order to link this age with the age of completion of schooling, in conformity with Article 2(3) of the Convention.

Labour inspection and the application of the Convention in practice. The Committee notes the Government’s indication that this question is still under examination by the relevant authorities. The Committee therefore once again requests that the Government take measures, within the framework of initiatives to improve its labour inspection system, to strengthen the capacity and expand the reach of the labour inspectorate, to ensure the effective monitoring of children working in the informal economy and in small family undertakings. It also once again requests that the Government continue to provide information on the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 2(3) of the Convention. Age of completion of compulsory education. The Committee previously noted that basic education in Oman is of a ten-year duration, and is normally completed by 16 years of age. The Committee observed that education, though it is provided free of charge, is not compulsory. The Committee also noted the Government’s statement that the subject of raising the minimum age for admission to employment from 15 years to 16 years was being examined by the competent bodies.

The Committee notes the Government’s statement in its report that it is examining this matter. The Committee also notes that the Children’s Act, which was promulgated on 19 May 2014, states that the minimum age for admission to employment as 15 years (section 46). Moreover, section 36 provides that education in public schools until completion of the post-primary stage is free, while also providing that primary education is compulsory. The Committee also notes the Government’s replies to the list of issues in relation to the combined third and fourth periodic reports for the Committee on the Rights of the Child of 30 December 2015 (CRC/C/OMN/Q/3-4/Add.1, Part II, paragraph (a)) that, the School Education Act, in which reference is made to the compulsory nature of the basic stage of education, is in the process of being approved. The Committee once again reminds the Government that pursuant to Article 2(3) of the Convention, the minimum age specified should not be less than the age of completion of schooling. Furthermore, the Committee once again emphasizes the importance of linking the age of school completion with the minimum age for admission to work or employment. If the minimum age for admission to work (15 years of age) is lower than the age of completion of school (16 years of age), children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 370). The Committee therefore once again requests that the Government take the necessary measures to raise the minimum age for admission to employment from 15 to 16 years of age, in order to link this age with the age of completion of schooling, in conformity with Article 2(3) of the Convention.

Article 3(2). Determination of hazardous types of work. With regard to the adoption of the list of hazardous types of work, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Labour inspection and the application of the Convention in practice. In its previous comments, the Committee noted the information in the UN joint submission (drafted by United Nations field presences at both country and regional levels) to the Universal Periodic Review of the UN Human Rights Council of January 2011 that, while child labour did not exist in any formal industry, concerns had been raised in recent years relating to children working in the informal economy in Oman. The Committee noted the Government’s reiteration that the participation of children in small family undertakings such as agriculture and fishing are considered to be family activities, in which children of the household help with family-related work.

The Committee notes the Government’s indication that the assistance provided by children to their parents is not set within a labour framework, but falls under a special type of social activity. The Committee also notes that, section 46 of the Children’s Act of 2014 provides that the minimum age (15 years of age) for admission to work does not apply to the employment of children in agricultural, fishing or artisanal, craft or administrative occupations in family businesses in which employment is restricted to the members of a single household, provided that such work is not likely to impede the child’s education or impair the child’s health or development. In this regard, the Committee once again recalls that the Government did not, at the time of ratification, avail itself of the possibility, under Article 4 of the Convention, of excluding family work or informal agricultural activities from the scope of the Convention. Therefore, the participation of children under the minimum age for admission to employment or work in child labour in small family undertakings must be prohibited, in conformity with the Convention. The Committee therefore once again requests that the Government take measures, within the framework of initiatives to improve its labour inspection system, to strengthen the capacity and expand the reach of the labour inspectorate, to ensure the effective monitoring of children working in the informal economy and in small family undertakings. It also once again requests that the Government continue to provide information on the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2(3) of the Convention. Age of completion of compulsory education. The Committee previously noted that basic education in Oman is of a ten-year duration, and is normally completed by 16 years of age. The Committee observed that education, though it is provided free of charge, is not compulsory. The Committee also noted the Government’s statement that the subject of raising the minimum age for admission to employment from 15 years to 16 years was being examined by the competent bodies.

The Committee notes the Government’s statement that it will subsequently provide a reply on this subject. The Committee notes that, while the Committee on the Elimination of Discrimination against Women (CEDAW/C/OMN/CO/1, paragraph 35), in its concluding observations of 4 November 2011, expresses its concern at the lack of compulsory education for all, it commends Oman for the high levels of enrolment of women and girls in all levels of education. However, the Committee once again reminds the Government that pursuant to Article 2(3) of the Convention, the minimum age specified should not be less than the age of completion of schooling. Furthermore, the Committee once again emphasizes the importance of linking the age of school completion with the minimum age for admission to work or employment. If the minimum age for admission to work (15 years of age) is lower than the age of completion of school (16 years of age), children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see the 2012 General Survey on the fundamental Conventions concerning rights at work, paragraph 370). The Committee therefore once again requests the Government to take the necessary measures to raise the minimum age for admission to employment from 15 to 16 years of age, in order to link this age with the age of completion of schooling, in conformity with Article 2(3) of the Convention.

Article 3(2). Determination of hazardous types of work. In its previous comments, the Committee noted that the Ministry of Manpower had prepared, in collaboration with the social partners and other competent bodies, a list of hazardous types of work prohibited for persons under the age of 18.

The Committee notes that the Government reiterates in its report that this list is being revised for submission to the competent bodies. Observing that the Government has been indicating its intention to adopt such a list since 2007, the Committee urges the Government to take the necessary measures to ensure that a list determining the types of hazardous work prohibited to persons under the age of 18 is adopted in the very near future. It requests the Government to provide a copy of this list, once adopted.

Parts III and V of the report form. Labour inspection and the application of the Convention in practice. In its previous comments, the Committee noted the information in the UN joint submission (drafted by United Nations field presences at both country and regional levels) to the Universal Periodic Review of the UN Human Rights Council of January 2011 that, while child labour did not exist in any formal industry, concerns were raised in recent years concerning children working in the informal economy in Oman.

The Committee notes the Government’s reiteration that the participation of children in small family undertakings such as agriculture and fishing are considered to be family activities, in which children of the household help with family-related work because it is inherited from their parents. In this regard, the Committee once again recalls that the Government did not, at the time of ratification, avail itself of the possibility, under Article 4 of the Convention, of excluding family work or informal agricultural activities from the scope of the Convention. Therefore, the participation of children under the minimum age for admission to employment or work in child labour in small family undertakings must be prohibited, in conformity with the Convention. The Committee therefore requests the Government to take measures, within the framework of initiatives to improve its labour inspection system, to strengthen the capacity and expand the reach of the labour inspectorate, to ensure the effective monitoring of children working in the informal economy and in small family undertakings. It also requests the Government to continue to provide information on the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2(3) of the Convention. Age of completion of compulsory education. The Committee previously noted that basic education in Oman is of a ten-year duration, and is normally completed by 16 years of age. The Committee observed that education, though it is provided free of charge, is not compulsory. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 29 September 2006, expressed concern that primary education has not yet been made compulsory by law. The CRC also expressed regret that not all children are enrolled in school, and that not all children complete a full course of primary education (CRC/C/OMN/CO/2, paragraph 55).

The Committee notes the Government’s statement that, according to information available at the Ministry of Education, the total number of out of school children has decreased from 2,054 in 1999 to 1,723 children in 2006. The Government indicates that the enrolment rate of students in basic education rose from 90.7 per cent in 1999 to 92.7 per cent in 2006. The Government indicates that this higher enrolment rate indicates that legislation stipulating compulsory education is not necessary. The Committee also notes the information from the UNESCO Education for All Global Monitoring Report of 2011 that there is a 97 per cent transition rate from primary to secondary school. This UNESCO report further indicates that the gross enrolment rate in secondary school in 2008 was 88 per cent, an increase from 75 per cent in 1999.

The Committee finally notes the Government’s statement that the subject of raising the minimum age for admission to employment from 15 years to 16 years is currently being examined by the competent bodies. The Government indicates that it will communicate any new developments on this subject. In this regard, the Committee reminds the Government that pursuant to Article 2(3) of the Convention, the minimum age specified should not be less than the age of completion of schooling. Furthermore, the Committee wishes to emphasize the importance of linking the age of school completion with the minimum age for admission to work or employment. If the minimum age for admission to work (15 years of age) is lower than the age of completion of school (16 years of age) children who are required to attend school are at the same time legally competent to work and may be tempted to abandon their studies. The Committee therefore requests the Government to take the necessary measures to raise the minimum age for admission to employment from 15 to 16 years of age, in order to link this age with the age of completion of schooling, in conformity with Article 2(3) of the Convention. Moreover, recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to continue to provide information in the future on any measures envisaged on this subject.

Article 3(2). Determination of hazardous types of work In its previous comments, the Committee noted that section 79 of the Labour Code states that, in addition to the provisions related to the employment of young persons between 15 and 18 years in night work and overtime, the conditions and circumstances under which such employment shall be undertaken, the occupations, tasks and activities in which they may be employed in accordance with their age groups, shall be regulated by virtue of ministerial orders. In this regard, the Committee noted the Government’s indication that it was preparing a list of hazardous occupations prohibited to persons under the age of 18, in consultation with the social partners. The Committee expressed the firm hope that this list would be adopted as soon as possible.

The Committee notes the information in the Government’s report that the Ministry of Manpower has prepared, in collaboration with the social partners and other competent bodies, a list of hazardous types of work prohibited for persons under the age of 18. The Government indicates that this list is currently being revised for submission to the competent bodies. Observing that the Government has been indicating its intention to adopt such a list since 2007, the Committee requests the Government to take the necessary measures to ensure that a list determining the types of hazardous work prohibited to persons under the age of 18 is adopted in the near future. It requests the Government to provide a copy of this list, once adopted.

Parts III and V of the report form. Labour inspection and the application of the Convention in practice. The Committee previously noted that the CRC, in its concluding observations of 29 September 2006, expressed appreciation with respect to the particular efforts of the Government to prohibit the use of child labour in the formal sector. However, the CRC expressed concern with regard to children working in the informal sector, such as children working in agriculture, fishing and small family businesses (CRC/C/OMN/CO/2, paragraph 63).

The Committee notes the Government’s statement that the records of the inspection team at the Public Directorate for Workers Welfare, as well as at the Ministry of Manpower, indicate that no cases of child labour under the legally prescribed age were detected, up to August 2011. The Committee also notes the Government’s statement that training sessions on labour inspection policies and strategies were held in March and September 2010. The Committee further notes the Government’s statement that the participation of children in small family undertakings such as agriculture and fishing are considered to be family activities, in which children of the household help with family-related work. In this regard, the Committee recalls that the Government did not, at the time of ratification, avail itself of the possibility, under Article 4 of the Convention, of excluding family work or informal agricultural activities from the scope of the Convention. In addition, the Committee notes the information in the UN joint submission (drafted by United Nations field presences at both country and regional levels) to the Universal Periodic Review of the UN Human Rights Council of January 2011 that while child labour does not exist in any formal industry, concerns have been raised in recent years concerning children working in the informal sector in Oman. The Committee therefore encourages the Government to take measures, within the framework of initiatives to improve its labour inspection system, to strengthen the capacity and expand the reach of the labour inspectorate, to ensure the effective monitoring of children working in the informal sector. It also requests the Government to continue to provide information on the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 3, of the Convention. Compulsory education. The Committee previously noted that basic education in Oman is of a ten-year duration, and is normally completed between the ages of 6 and 16 years of age. The Committee observed that education, though it is provided free of charge, is not compulsory. The Committee requested the Government to indicate whether it intended to adopt legislation which would fix the age of completion of compulsory schooling at 15 years (the minimum age for the admission to employment), and to provide updated statistical data on school attendance and drop-out rates. The Committee notes the information in the Government’s report that drop-out rates are less than 0.5 per cent for grades 1 to 6, and less than 1.3 per cent for grades 7 to 9. The Committee also notes the Government’s indication that the drop-out rate for secondary education is approximately 4 per cent. The Committee further notes that the Ministry of Education has undertaken several measures to develop an efficient public education system, including a focus on literacy in early grades, efforts to reduce the repetition of grades, and the preparation of a programme for students with learning difficulties.

However, the Committee notes the information in the UNESCO report entitled Education For All – Global Monitoring Report 2009 (UNESCO EFA report) that in primary education, there has been a decrease in both the gross intake rate (from 87 per cent in 1999 to 76 per cent in 2006) and the net intake rate (from 70 per cent in 1999 to 54 per cent in 2006). The UNESCO EFA report also indicates that the gross enrolment rate has decreased from 91 per cent in 1999 to 82 per cent in 2006. The Committee also notes that the total number of children out of school has risen, from 61,000 children in 1999 to 82,000 children in 2006. The Committee further notes that the Committee on the Rights of the Child (CRC), in its 29 September 2006 concluding observations, expressed concern that primary education has not yet been made compulsory by law. The CRC also expressed regret that not all children are enrolled in school, and that not all children complete a full course of primary education (CRC/C/OMN/CO/2, paragraph 55).

The Committee considers that compulsory schooling is one of the most effective means of combating child labour. In addition, the Committee emphasizes the importance of linking the age of admission to employment to the age limit for compulsory education. If the age of completion of compulsory education is higher than the minimum age for admission to work or employment, children who are required to attend school are at the same time legally competent to work and may be tempted to abandon their studies (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). Noting that the minimum age for admission to employment (15 years of age) appears to be less than the age of completion of basic education (16 years of age), the Committee encourages the Government to take the necessary measures to raise the minimum age for admission to employment, in order to link it with the age of completion of basic education. Furthermore, noting the declining intake rates in primary education, and the rising number of children who do not attend school, the Committee urges the Government to take the necessary measures to implement compulsory education, up to the minimum age for admission to employment.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. In its previous comments, the Committee noted the establishment of a joint occupational safety and health committee (OSH committee) composed of representatives of the Ministries of Health and Manpower, whose aim is to regulate the employment of young persons and identify the tasks, occupations and industries in which they are employed, in accordance with sections 75–79 of the Labour Code. The Committee noted that the OSH committee had determined a provisional list of 43 hazardous occupations, types of work and industries prohibited for juveniles under the age of 18 years, and was in the process of reviewing this list. The Committee requested the Government to keep it informed on the adoption of this list of prohibited types of hazardous work for persons under 18 years of age. The Committee notes the information in the Government’s report that it is currently preparing a new list of hazardous occupations, in consultation with the social partners, following the establishment of the Confederation of the Workers of the Sultanate of Oman. The Committee firmly hopes that this list, determining the types of hazardous work prohibited for children under 18 years of age, will be adopted as soon as possible, in conformity with Article 3(1) and (2), of the Convention. It requests the Government to provide a copy of this list, once adopted.

Article 6. Apprenticeship and vocational training. The Committee previously requested the Government to provide information on the minimum age for entering an apprenticeship programme. The Committee notes that, pursuant to chapter 2, section 43, of the Ministerial Decree No. 429 of 16 September 2008 concerning the regulation of vocational training centres, the registration of persons under 15 years of age in vocational training centres is prohibited.

Parts III and V of the report form. Labour Inspection and practical application of the Convention. The Committee notes the Government’s statement that a review of registers of inspection teams at the public department for workers’ welfare at the Ministry of Manpower indicated that no cases of the employment of children under the specified minimum age were detected, as of 31 August 2009. The Committee notes that the CRC, in its concluding observations of 29 September 2006, expressed appreciation with respect to the particular efforts of the Government to prohibit the use of child labour in the formal sector. However, the CRC expressed concern with regard to children working in the informal sector, such as children working in agriculture, fishing and small family businesses (CRC/C/OMN/CO/2, paragraph 63). The Committee requests the Government to indicate any measures, taken or envisaged, to strengthen the functioning of the labour inspectorate to ensure the effective monitoring of children working in the informal sector. It also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including 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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s first report. It requests the Government to provide further information on the following points.

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification of the Convention, Oman specified 15 years as the applicable minimum age for admission to work or employment. It notes that, by virtue of section 75 of the Labour Code, it is prohibited to employ both male and female juveniles, who are not permitted to enter places of work before attaining the age of 15 years.

Article 2, paragraph 3. Compulsory education. The Committee notes the Government’s information that, according to section 13 of the Basic Statutes, education is a fundamental element for the progress of society, which the State fosters and endeavours to make available to all. According to the Government, education is a unified 12-year system. Basic education is of ten-year duration and free to all citizens. Since the admission age to basic education is 6, children normally finish basic education at 16 years, and complete public secondary education at 18 years. The Committee notes the Government’s information that statistics indicate the rising percentage of persons who are enrolled in basic and public education.

The Committee observes that education, though provided free of charge, is not compulsory. It notes that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.161 of 6 November 2001, paragraphs 43–44), expressed concern that the primary education is not compulsory. The Committee on the Rights of the Child also expressed its concern at the levels of drop-out and repetition at primary, preparatory and secondary levels, especially among boys. It recommended the State party to ensure that primary education is made compulsory by law and to make greater efforts to address drop-out and repetition rates.

The Committee is of the view that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness. Alternatively, if young persons are legally entitled to work before the end of completion of compulsory schooling, children from poor families might be tempted to drop out of education and work in order to earn money (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee requests the Government to indicate whether it is envisaged to adopt legislation, which would fix the age of completion of compulsory schooling at 15 years. It also requests the Government to provide updated statistical data on school attendance and drop-out rates in its next report.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes that, by virtue of section 75 of the Labour Code, the Minister may raise the minimum age of 15 years for admission to employment in some industries and types of work. It notes that, according to section 76 of the Labour Code, a young person (between 15 and 18 years) shall not be employed from 6 p.m. to 6 a.m. Furthermore, section 77 prohibits young persons from working overtime and working on rest days and on official holidays. Section 79 of the Labour Code states that, whilst observing the provisions related to the employment of young persons between 15 and 18 years (sections 76–78), the conditions and circumstances under which such employment shall be undertaken, the occupations, tasks and activities in which they may be employed in accordance with their age groups, shall be regulated by virtue of ministerial orders. The Committee notes the Government’s information that the Ministry issued Order No. 380 of 2003 which sets up a joint occupational safety and health committee (OSH committee) composed of representatives of the Ministries of Health and Manpower, whose aim is to regulate the employment of young persons and identify the tasks, occupations and industries in which they are employed, in accordance with sections 75–79 of the Labour Code. The Committee notes the Government’s information under Convention No. 182 (2006) that the OSH committee has determined a provisional list of 43 hazardous occupations, types of work and industries prohibited for juveniles under the age of 18 years, which is in the process of being reviewed by it. The Committee requests the Government to keep it informed on the adoption of the list of hazardous occupations prohibited to children under 18 years of age and to supply a copy of this list as soon as it has been adopted.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee notes the Government’s information that, at time of ratification, it did not exclude from the application of the Convention any categories of employment or work.

Article 6. Apprenticeship and vocational training. The Committee notes the Government’s information that there is no decision by the competent authority which authorizes the employment of children and young persons outside the scope of the Labour Code. Enrolling children in any programme, educational session, or training, is done in accordance with school curricula, whose responsibility lies with the school or training institution. The Committee notes that, according to the Government’s information, it seems that the relevant legislation does not authorize apprenticeship programmes for children from the age of 14 years. It requests the Government to clarify whether apprenticeship is regulated by the relevant law. If so, it requests the Government to provide information on the minimum age for entering an apprenticeship programme.

Article 7. Light work. The Committee notes the Government’s information that the laws currently in force do not authorize the employment of children under the age of 15 years. However, based on current tradition, some students help out their parents during the summer holidays either on plantations, or in light work, without remuneration, so as to spend some of their leisure time learning the profession of their parents.

Article 8. Artistic performances. The Committee notes the Government’s information that the participation of children in artistic performances is set within a specific framework i.e. their participation in national festivals, or on occasions celebrated by the school. This is a voluntary and not a mandatory participation, which falls within the school’s activities.

Article 9, paragraph 1. Penalties. The Committee notes that, according to section 118 of the Labour Code, any person who violates the provisions related to the employment of children under Chapter V shall be liable to a fine of 100 riyal (approximately US$260). In case of a second violation committed in the same year he/she shall be liable to the above fine along with imprisonment for not more than a week.

Article 9, paragraph 3. Keeping of registers. The Committee notes that, by virtue of section 78 of the Labour Code, an employer employing one or more young persons, shall prepare a list showing the names of the young persons employed, indicating their ages and dates of their employment. The employer shall also furnish the concerned directorate with the names of those young persons before their employment and the names of those employed to supervise their work.

Part III of the report form. Labour inspectorate. The Committee notes that section 90 of the Labour Code provides for the appointment of labour inspectors to ensure the standards and conditions and safety of workers. Labour inspectors are authorized to enter workplaces, require the production of registers or documents, ask for any necessary information from a worker, and prepare a report to be presented to the competent authority.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, according to recent statistics, child labour has decreased in comparison with the statistics of
1999–2001 (which indicated 53 cases of child labour). The receding phenomenon is due to the improved economic and living conditions (according to statistics, per capita income increased during 2002–05 at an annual rate of 14.9 per cent), and the dissuasive laws on child labour in Oman. In fact, the improvement in the economic conditions is considered as one of the most important factors in the reduction of child labour in the Sultanate. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied, including 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.