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NORMLEX Home > Country profiles > > Comments > All Comments

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

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition
Article 7 of the Convention. Light work. In its previous comments, the Committee noted that section 32(1) of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years of age. However, it noted that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years of age.
The Committee notes the Government’s indication in its report that the Ministry of Legal Affairs has been advised of the findings of the Committee and that the Government will report on progress made in this regard. The Committee once again recalls that, pursuant to Article 7(1) of the Convention, national laws and regulations may permit the employment or work of persons of 13–15 years of age on light work and, under the terms of Article 7(3), the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to ensure that the “holiday job employment” of persons under 16 years of age is only performed by persons of 13 years of age and above and under the conditions provided for by Article 7(3) of the Convention. It requests the Government to supply information on any progress made in this regard.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition
Article 7 of the Convention. Light work. In its previous comments, the Committee noted that section 32(1) of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years of age. However, it noted that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years of age.
The Committee notes the Government’s indication in its report that the Ministry of Legal Affairs has been advised of the findings of the Committee and that the Government will report on progress made in this regard. The Committee once again recalls that, pursuant to Article 7(1) of the Convention, national laws and regulations may permit the employment or work of persons of 13–15 years of age on light work and, under the terms of Article 7(3), the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.The Committee therefore requests the Government to take the necessary measures to ensure that the “holiday job employment” of persons under 16 years of age is only performed by persons of 13 years of age and above and under the conditions provided for by Article 7(3) of the Convention. It requests the Government to supply information on any progress made in this regard.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 7 of the Convention. Light work. In its previous comments, the Committee noted that section 32(1) of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years of age. However, it noted that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years of age.

The Committee notes the Government’s indication in its report that the Ministry of Legal Affairs has been advised of the findings of the Committee and that the Government will report on progress made in this regard. The Committee once again recalls that, pursuant to Article 7(1) of the Convention, national laws and regulations may permit the employment or work of persons of 13–15 years of age on light work and, under the terms of Article 7(3), the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to ensure that the “holiday job employment” of persons under 16 years of age is only performed by persons of 13 years of age and above and under the conditions provided for by Article 7(3) of the Convention. It requests the Government to supply information on any progress made in this regard.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 7 of the Convention. Light work. In its previous comments, the Committee noted that section 32(1) of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years of age. However, it noted that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years of age.

The Committee notes the Government’s indication in its report that the Ministry of Legal Affairs has been advised of the findings of the Committee and that the Government will report on progress made in this regard. The Committee once again recalls that, pursuant to Article 7(1) of the Convention, national laws and regulations may permit the employment or work of persons of 13–15 years of age on light work and, under the terms of Article 7(3), the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to ensure that the “holiday job employment” of persons under 16 years of age is only performed by persons of 13 years of age and above and under the conditions provided for by Article 7(3) of the Convention. It requests the Government to supply information on any progress made in this regard.

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

Repetition

Article 7 of the Convention. Light work. In its previous comments, the Committee noted that section 32(1) of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years of age. However, it noted that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years of age.

The Committee notes the Government’s indication in its report that the Ministry of Legal Affairs has been advised of the findings of the Committee and that the Government will report on progress made in this regard. The Committee once again recalls that, pursuant to Article 7(1) of the Convention, national laws and regulations may permit the employment or work of persons of 13–15 years of age on light work and, under the terms of Article 7(3), the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to ensure that the “holiday job employment” of persons under 16 years of age is only performed by persons of 13 years of age and above and under the conditions provided for by Article 7(3) of the Convention. It requests the Government to supply information on any progress made in this regard.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 7 of the Convention. Light work. In its previous comments, the Committee noted that section 32(1) of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years of age. However, it noted that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years of age.

The Committee notes the Government’s indication in its report that the Ministry of Legal Affairs has been advised of the findings of the Committee and that the Government will report on progress made in this regard. The Committee once again recalls that, pursuant to Article 7(1) of the Convention, national laws and regulations may permit the employment or work of persons of 13–15 years of age on light work and, under the terms of Article 7(3), the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to ensure that the “holiday job employment” of persons under 16 years of age is only performed by persons of 13 years of age and above and under the conditions provided for by Article 7(3) of the Convention. It requests the Government to supply information on any progress made in this regard.

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

Article 7 of the Convention. Light work. In its previous comments, the Committee noted that section 32(1) of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years of age. However, it noted that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years of age.

The Committee notes the Government’s indication in its report that the Ministry of Legal Affairs has been advised of the findings of the Committee and that the Government will report on progress made in this regard. The Committee once again recalls that, pursuant to Article 7(1) of the Convention, national laws and regulations may permit the employment or work of persons of 13–15 years of age on light work and, under the terms of Article 7(3), the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to ensure that the “holiday job employment” of persons under 16 years of age is only performed by persons of 13 years of age and above and under the conditions provided for by Article 7(3) of the Convention. It requests the Government to supply information on any progress made in this regard.

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

Article 2(3) of the Convention. Compulsory education. The Committee had previously requested the Government to supply a copy of Education Act No. 21 of 2002 which contains provisions defining the age of compulsory education from 5 to 16 years.

The Committee notes that according to section 2 of Education Act No. 21 of 2002 as amended by Act No. 11 of 2003 “compulsory school age” means any age from 5 to 16 years inclusive, while sections 15 and 16 provide for free and compulsory education to all children of compulsory school age.

Article 3(1). Minimum age for admission to hazardous work. The Committee had previously requested the Government to take the necessary measures to prohibit persons under 18 years of age from performing any type of work which by its nature or the circumstances in which it is carried out is likely to jeopardize their health, safety or morals.

The Committee notes with interest that section 4 of the Recruitment of Workers Act of 1939 prohibits the recruitment of persons under the age of 18 years, provided that the Minister may by regulation authorize persons above the age of 16 years to be recruited for light work with the consent of their parents/guardian and subject to conditions prescribed by the regulation. Furthermore, according to section 5 of the Recruiting of Workers Regulations of 1941, no juvenile between the ages of 16 and 18 years shall be recruited except with the consent of their parents/guardian and provided the conditions of employment are stated in writing and approved by the district magistrate that the employment is suitable and that the welfare of the juvenile is sufficiently safeguarded.

Article 6. Vocational training and apprenticeship. The Committee had previously noted section 32(3) of the Employment Act which provides exceptions to the minimum age for employment of 16 years with regard to work done by children in technical schools, or on job training or work experience exercises provided that such work is approved and supervised by the public authority, as well as to work done by children on school ships or training ships, provided that such work is approved and supervised by the public authority. It had also noted that by virtue of section 135(1) of the Shipping Act of 1994 no person under the age of 16 years shall be employed on any Grenadian ship except: (a) upon work approved by the director on board a school ship or training ship; or (b) where the director certifies that he is satisfied, having due regard to the health and physical condition of the person and to the prospective and immediate benefit of the employment and how it will be beneficial to him/her. The Committee had finally noted section 49(3) of the Education Act which provides that a person may employ a student over 14 years of age during school vacations or, if the employment of the student is part of an educational programme, to prepare the student for future employment.

The Committee notes the Government’s statement that the Ministry of Labour together with the Ministry of Education as well as the Labour Advisory Board will take the necessary measures to ensure that the minimum age for apprenticeship of 14 years is respected and that no possible incidents of its violation occur in the future.

Article 7. Light work. In its previous comments, the Committee noted that section 32(1) of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years of age. However, it noted that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years of age.

The Committee notes the absence of information in the Government’s report on this point. In this regard, the Committee recalls that, pursuant to Article 7(1) of the Convention, national laws and regulations may permit the employment or work of persons of 13–15 years of age on light work and under the terms of Article 7(3) the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to ensure that the “holiday job employment” of persons under 16 years of age is only performed by persons of 13 years of age and above and under the conditions provided for by Article 7(3) of the Convention. It requests the Government to supply information on any progress made in this regard in its next report.

Part V of the report form. The Committee notes the statistical breakdown regarding the fields of work or employment of persons of 16–18 years of age in the Government’s report. The Committee notes the Government’s statement that to date, no information is available relating to any possible violations detected involving children and young persons who are employed and are below the minimum age of 16 years.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Article 2(3). Compulsory education. The Committee previously noted that under the Education (Compulsory at Primary Schools) Act, Chapter 85, the compulsory school age in Grenada is from 6 to 14 years. Although the Committee considered that the requirement set out in Article 2(3) of the Convention, is fulfilled since the minimum age for employment (16 years) is not less than the age of completion of compulsory schooling, the Committee was of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. The Committee therefore considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146 and, in this respect, hoped that the Government would indicate any new developments on this point. The Committee noted with interest in the Government’s report that the Education Act No. 21 of 2002 (Education Act) defines compulsory education from 5 to 16 years inclusive. The Committee requests the Government to provide a copy of the Education Act in its next report.
Article 3(1) and (2). Minimum age for admission to hazardous work. In its previous comments, the Committee noted that the relevant legislation does not seem to contain any provisions prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee noted in the Government’s report that section 47(2) of the Shipping Act stipulates that no person under the age of 18 years shall be employed in any capacity on any Grenadian ship unless a qualified medical practitioner certifying that such person is fit to be employed in that capacity delivers such certification to the master of the ship. The Committee also noted that the Government had taken measures to review and amend the Factories Act. In addition, the CARICOM Model Law on Occupational Safety and Health and the Working Environment (OSH Model Law) has been tabled on the agenda of the Labour Advisory Board for consultation and recommendation. The Committee noted, however, that section 16(2) of the OSH Model Law stipulates “that persons under the age of 18 shall not operate machines which are of such a dangerous character that a young person ought not to work on them.” Furthermore, section 45(1) of the OSH Model Law states that where a chemical, physical agent or biological agent or a combination of such a chemical and physical or biological agent is used or intended to be used in the workplace, and its presence in the workplace or the manner of its use is in the opinion of the ministry likely to endanger the health of a worker, the ministry may order that the use, intended use, presence or manner of use be subject to such conditions regarding administrative control and work practices as the ministry specifies. The Committee reminded the Government that, by virtue of Article 3(2) of the Convention, the types of hazardous work to which paragraph 1 of this Article applies, shall be determined by national laws or by the competent authority, after consultations with the organizations of employers and workers concerned. The Committee once again requests the Government to take the necessary measures to prohibit persons under 18 years of age from performing any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize their health, safety or morals, by determining types of hazardous work to be prohibited to persons below 18 years of age, in accordance with Article 3(2) of the Convention. It also asks the Government to provide information on the consultations held with the organizations of employers and workers concerned on this subject.
Article 6. Vocational training and apprenticeship. The Committee previously noted that section 32(3), of the Employment Act states that the provisions of this section, which provide for a general prohibition on the employment of persons under 16 years, do not apply to the following: (a) work done by children in technical schools, work done by children on job training or work experience exercises provided that such work is approved and supervised by the public authority; and (b) work done by children on school ships or training ships, provided that such work is approved and supervised by the public authority. The Committee also noted that the Employment Act does not fix the minimum age for apprenticeship. The Committee noted in the Government’s report that section 135(1) of the Shipping Act of 1994 stipulates that no person under the age of 16 years shall be employed on any Grenadian ship except: (a) upon work approved by the director on board a school ship or training ship; or (b) where the director certifies that he is satisfied, having due regard to the health and physical condition of the person and to the prospective and immediate benefit of the employment and how it will be beneficial to him. The Committee further noted that section 49(3) of the Education Act provides that a person may employ a student over 14 years of age during school vacations or, if the employment of the student is part of an educational programme, to prepare the student for future employment. The Committee noted a divergence between the relevant provisions regarding the minimum age for admission to vocational training and apprenticeship in the Employment Act, the Shipping Act and the Education Act and it therefore considers that, in order to avoid any ambiguity in the law, it is necessary for specific measures to be taken to harmonize the national legislation with the provisions of the Convention. The Committee once again reminded the Government that Article 6 of the Convention fixes a minimum age of 14 years for work done in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee once again requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking. To that end, it requests the Government to ensure that the Employment Act and the Shipping Act are amended in order to fix the minimum age for apprenticeship at 14 years.
Article 7. Light work. In its previous comments, the Committee noted that section 32, subsection (1), of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years of age. However, it noted that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years of age. In this regard, the Committee recalled that, under the terms of the Convention, national laws and regulations may permit the employment of children from the age of 13 years of age to engage in light work. The Committee noted in the Government’s report that the Government takes note of its obligation to comply with the provisions of Article 7 of the Convention and that the necessary measures will be taken in consultation with employers’ and workers’ organizations. The Committee hopes that the Government will take the necessary measures to ensure that the “holiday job employment” of persons under 16 years of age is only performed under the conditions provided for by Article 7 of the Convention and requests the Government to supply information on this matter.
Part V of the report form. The Committee noted the extensive statistical breakdown regarding the fields of work or employment of persons of 16 to 18 years of age in the Government’s report. The Committee once again requests the Government to continue providing information on the manner in which the Convention is applied including, for example, statistical data on the employment of children and young persons, including, where relevant, those below the minimum age specified (16 years), 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 2011, published 101st ILC session (2012)

Repetition
Article 2(3). Compulsory education. The Committee previously noted that under the Education (Compulsory at Primary Schools) Act, Chapter 85, the compulsory school age in Grenada is from 6 to 14 years. Although the Committee considered that the requirement set out in Article 2(3) of the Convention, is fulfilled since the minimum age for employment (16 years) is not less than the age of completion of compulsory schooling, the Committee was of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. The Committee therefore considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146 and, in this respect, hoped that the Government would indicate any new developments on this point. The Committee noted with interest in the Government’s report that the Education Act No. 21 of 2002 (Education Act) defines compulsory education from 5 to 16 years inclusive. The Committee requests the Government to provide a copy of the Education Act in its next report.
Article 3(1) and (2). Minimum age for admission to hazardous work. In its previous comments, the Committee noted that the relevant legislation does not seem to contain any provisions prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee noted in the Government’s report that section 47(2) of the Shipping Act stipulates that no person under the age of 18 years shall be employed in any capacity on any Grenadian ship unless a qualified medical practitioner certifying that such person is fit to be employed in that capacity delivers such certification to the master of the ship. The Committee also noted that the Government had taken measures to review and amend the Factories Act. In addition, the CARICOM Model Law on Occupational Safety and Health and the Working Environment (OSH Model Law) has been tabled on the agenda of the Labour Advisory Board for consultation and recommendation. The Committee noted, however, that section 16(2) of the OSH Model Law stipulates “that persons under the age of 18 shall not operate machines which are of such a dangerous character that a young person ought not to work on them.” Furthermore, section 45(1) of the OSH Model Law states that where a chemical, physical agent or biological agent or a combination of such a chemical and physical or biological agent is used or intended to be used in the workplace, and its presence in the workplace or the manner of its use is in the opinion of the ministry likely to endanger the health of a worker, the ministry may order that the use, intended use, presence or manner of use be subject to such conditions regarding administrative control and work practices as the ministry specifies. The Committee reminded the Government that, by virtue of Article 3(2) of the Convention, the types of hazardous work to which paragraph 1 of this Article applies, shall be determined by national laws or by the competent authority, after consultations with the organizations of employers and workers concerned. The Committee once again requests the Government to take the necessary measures to prohibit persons under 18 years of age from performing any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize their health, safety or morals, by determining types of hazardous work to be prohibited to persons below 18 years of age, in accordance with Article 3(2) of the Convention. It also asks the Government to provide information on the consultations held with the organizations of employers and workers concerned on this subject.
Article 6. Vocational training and apprenticeship. The Committee previously noted that section 32(3), of the Employment Act states that the provisions of this section, which provide for a general prohibition on the employment of persons under 16 years, do not apply to the following: (a) work done by children in technical schools, work done by children on job training or work experience exercises provided that such work is approved and supervised by the public authority; and (b) work done by children on school ships or training ships, provided that such work is approved and supervised by the public authority. The Committee also noted that the Employment Act does not fix the minimum age for apprenticeship. The Committee noted in the Government’s report that section 135(1) of the Shipping Act of 1994 stipulates that no person under the age of 16 years shall be employed on any Grenadian ship except: (a) upon work approved by the director on board a school ship or training ship; or (b) where the director certifies that he is satisfied, having due regard to the health and physical condition of the person and to the prospective and immediate benefit of the employment and how it will be beneficial to him. The Committee further noted that section 49(3) of the Education Act provides that a person may employ a student over 14 years of age during school vacations or, if the employment of the student is part of an educational programme, to prepare the student for future employment. The Committee noted a divergence between the relevant provisions regarding the minimum age for admission to vocational training and apprenticeship in the Employment Act, the Shipping Act and the Education Act and it therefore considers that, in order to avoid any ambiguity in the law, it is necessary for specific measures to be taken to harmonize the national legislation with the provisions of the Convention. The Committee once again reminded the Government that Article 6 of the Convention fixes a minimum age of 14 years for work done in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee once again requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking. To that end, it requests the Government to ensure that the Employment Act and the Shipping Act are amended in order to fix the minimum age for apprenticeship at 14 years.
Article 7. Light work. In its previous comments, the Committee noted that section 32, subsection (1), of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years of age. However, it noted that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years of age. In this regard, the Committee recalled that, under the terms of the Convention, national laws and regulations may permit the employment of children from the age of 13 years of age to engage in light work. The Committee noted in the Government’s report that the Government takes note of its obligation to comply with the provisions of Article 7 of the Convention and that the necessary measures will be taken in consultation with employers’ and workers’ organizations. The Committee hopes that the Government will take the necessary measures to ensure that the “holiday job employment” of persons under 16 years of age is only performed under the conditions provided for by Article 7 of the Convention and requests the Government to supply information on this matter.
Part V of the report form. The Committee noted the extensive statistical breakdown regarding the fields of work or employment of persons of 16 to 18 years of age in the Government’s report. The Committee once again requests the Government to continue providing information on the manner in which the Convention is applied including, for example, statistical data on the employment of children and young persons, including, where relevant, those below the minimum age specified (16 years), 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 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2(3). Compulsory education. The Committee previously noted that under the Education (Compulsory at Primary Schools) Act, Chapter 85, the compulsory school age in Grenada is from 6 to 14 years. Although the Committee considered that the requirement set out in Article 2(3) of the Convention, is fulfilled since the minimum age for employment (16 years) is not less than the age of completion of compulsory schooling, the Committee was of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. The Committee therefore considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146 and, in this respect, hoped that the Government would indicate any new developments on this point. The Committee noted with interest in the Government’s report that the Education Act No. 21 of 2002 (Education Act) defines compulsory education from 5 to 16 years inclusive. The Committee requests the Government to provide a copy of the Education Act in its next report.

Article 3(1) and (2). Minimum age for admission to hazardous work. In its previous comments, the Committee noted that the relevant legislation does not seem to contain any provisions prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee noted in the Government’s report that section 47, subsection (2) of the Shipping Act stipulates that no person under the age of 18 years shall be employed in any capacity on any Grenadian ship unless a qualified medical practitioner certifying that such person is fit to be employed in that capacity delivers such certification to the master of the ship. The Committee also noted that the Government had taken measures to review and amend the Factories Act. In addition, the CARICOM Model Law on Occupational Safety and Health and the Working Environment (OSH Model Law) has been tabled on the agenda of the Labour Advisory Board for consultation and recommendation. The Committee noted, however, that section 16(2) of the OSH Model Law stipulates “that persons under the age of 18 shall not operate machines which are of such a dangerous character that a young person ought not to work on them.” Furthermore, section 45(1) of the OSH Model Law states that where a chemical, physical agent or biological agent or a combination of such a chemical and physical or biological agent is used or intended to be used in the workplace, and its presence in the workplace or the manner of its use is in the opinion of the ministry likely to endanger the health of a worker, the ministry may order that the use, intended use, presence or manner of use be subject to such conditions regarding administrative control and work practices as the ministry specifies. The Committee reminded the Government that, by virtue of Article 3(2) of the Convention, the types of hazardous work to which paragraph 1 of this Article applies, shall be determined by national laws or by the competent authority, after consultations with the organizations of employers and workers concerned. The Committee once again requests the Government to take the necessary measures to prohibit persons under 18 years of age from performing any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize their health, safety or morals, by determining types of hazardous work to be prohibited to persons below 18 years of age, in accordance with Article 3(2) of the Convention. It also asks the Government to provide information on the consultations held with the organizations of employers and workers concerned on this subject.

Article 6. Vocational training and apprenticeship. The Committee previously noted that section 32, subsection (3), of the Employment Act states that the provisions of this section, which provide for a general prohibition on the employment of persons under 16 years, do not apply to the following: (a) work done by children in technical schools, work done by children on job training or work experience exercises provided that such work is approved and supervised by the public authority; and (b) work done by children on school ships or training ships, provided that such work is approved and supervised by the public authority. The Committee also noted that the Employment Act does not fix the minimum age for apprenticeship. The Committee noted in the Government’s report that section 135(1) of the Shipping Act of 1994 stipulates that no person under the age of 16 years shall be employed on any Grenadian ship except: (a) upon work approved by the director on board a school ship or training ship; or (b) where the director certifies that he is satisfied, having due regard to the health and physical condition of the person and to the prospective and immediate benefit of the employment and how it will be beneficial to him. The Committee further noted that section 49, subsection (3), of the Education Act provides that a person may employ a student over 14 years of age during school vacations or, if the employment of the student is part of an educational programme, to prepare the student for future employment. The Committee noted a divergence between the relevant provisions regarding the minimum age for admission to vocational training and apprenticeship in the Employment Act, the Shipping Act and the Education Act and it therefore considers that, in order to avoid any ambiguity in the law, it is necessary for specific measures to be taken to harmonize the national legislation with the provisions of the Convention. The Committee once again reminded the Government that Article 6 of the Convention fixes a minimum age of 14 years for work done in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee once again requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking. To that end, it requests the Government to ensure that the Employment Act and the Shipping Act are amended in order to fix the minimum age for apprenticeship at 14 years.

Article 7. Light work. In its previous comments, the Committee noted that section 32, subsection (1), of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years of age. However, it noted that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years of age. In this regard, the Committee recalled that, under the terms of the Convention, national laws and regulations may permit the employment of children from the age of 13 years of age to engage in light work. The Committee noted in the Government’s report that the Government takes note of its obligation to comply with the provisions of Article 7 of the Convention and that the necessary measures will be taken in consultation with employers’ and workers’ organizations. The Committee hopes that the Government will take the necessary measures to ensure that the “holiday job employment” of persons under 16 years of age is only performed under the conditions provided for by Article 7 of the Convention and requests the Government to supply information on this matter.

Part V of the report form. The Committee noted the extensive statistical breakdown regarding the fields of work or employment of persons of 16 to 18 years of age in the Government’s report. The Committee once again requests the Government to continue providing information on the manner in which the Convention is applied including, for example, statistical data on the employment of children and young persons, including, where relevant, those below the minimum age specified (16 years), 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 2008, published 98th ILC session (2009)

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. In its previous comments, the Committee noted that, at the time of ratifying the Convention, Grenada declared 16 years as the minimum age for admission to employment or work within its territory and on means of transport registered in its territory. It noted the Government’s information that section 32 of Employment Act No. 14 of 1999 (Employment Act) states that no person under the age of 16 years shall be employed or allowed to work in any public or private agricultural, industrial or non-industrial undertaking or any branch thereof, save and except for holiday job employment. In addition, no person under the age of 16 years shall be employed or allowed to work on vessels. Furthermore, the Committee noted that, according to section 43 of the Factories Act of 1973 (Factories Act), no woman or young person, defined as a person between 14 and 18 years of age, shall be employed in a factory other than in accordance with subsidiary legislation made by the minister under sections 34 and 35. The Committee requested the Government to indicate if the minister, pursuant to sections 34 and 35 of the Factories Act, issued subsidiary legislation which allows children under 16 years of age to work. The Committee notes in the Government’s report that no subsidiary legislation has been established in accordance with sections 34 and 35 of the Factories Act.

Article 2, paragraph 3. Compulsory education. The Committee previously noted that under the Education (Compulsory at Primary Schools) Act, Chapter 85, the compulsory school age in Grenada is from 6 to 14 years. Although the Committee considered that the requirement set out in Article 2, paragraph 3, of the Convention, is fulfilled since the minimum age for employment (16 years) is not less than the age of completion of compulsory schooling, the Committee was of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. The Committee therefore considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146 and, in this respect, hoped that the Government would indicate any new developments on this point. The Committee notes with interest in the Government’s report that the Education Act No. 21 of 2002 (Education Act) defines compulsory education from 5 to 16 years inclusive. The Committee requests the Government to provide a copy of the Education Act in its next report.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work. In its previous comments, the Committee noted that the relevant legislation does not seem to contain any provisions prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee notes in the Government’s report that section 47, subsection (2) of the Shipping Act stipulates that no person under the age of 18 years shall be employed in any capacity on any Grenadian ship unless a qualified medical practitioner certifying that such person is fit to be employed in that capacity delivers such certification to the master of the ship. The Committee also notes that the Government has taken measures to review and amend the Factories Act. In addition, the CARICOM Model Law on Occupational Safety and Health and the Working Environment (OSH Model Law) has been tabled on the agenda of the Labour Advisory Board for consultation and recommendation. The Committee notes, however, that section 16(2) of the OSH Model Law stipulates “that persons under the age of 18 shall not operate machines which are of such a dangerous character that a young person ought not to work on them.” Furthermore, section 45(1) of the OSH Model Law states that where a chemical, physical agent or biological agent or a combination of such a chemical and physical or biological agent is used or intended to be used in the workplace, and its presence in the workplace or the manner of its use is in the opinion of the ministry likely to endanger the health of a worker, the ministry may order that the use, intended use, presence or manner of use be subject to such conditions regarding administrative control and work practices as the ministry specifies. The Committee reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of hazardous work to which paragraph 1 of this Article applies, shall be determined by national laws or by the competent authority, after consultations with the organizations of employers and workers concerned. The Committee requests the Government to take the necessary measures to prohibit persons under 18 years of age from performing any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize their health, safety or morals, by determining types of hazardous work to be prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention. It also asks the Government to provide information on the consultations held with the organizations of employers and workers concerned on this subject.

Article 6. Vocational training and apprenticeship. The Committee previously noted that section 32, subsection (3), of the Employment Act states that the provisions of this section, which provide for a general prohibition on the employment of persons under 16 years, do not apply to the following: (a) work done by children in technical schools, work done by children on job training or work experience exercises provided that such work is approved and supervised by the public authority; and (b) work done by children on school ships or training ships, provided that such work is approved and supervised by the public authority. The Committee also noted that the Employment Act does not fix the minimum age for apprenticeship. The Committee notes in the Government’s report that section 135(1) of the Shipping Act of 1994 stipulates that no person under the age of 16 years shall be employed on any Grenadian ship except: (a) upon work approved by the director on board a school ship or training ship; or (b) where the director certifies that he is satisfied, having due regard to the health and physical condition of the person and to the prospective and immediate benefit of the employment and how it will be beneficial to him. The Committee further notes that section 49, subsection (3), of the Education Act provides that a person may employ a student over 14 years of age during school vacations or, if the employment of the student is part of an educational programme, to prepare the student for future employment. The Committee notes a divergence between the relevant provisions regarding the minimum age for admission to vocational training and apprenticeship in the Employment Act, the Shipping Act and the Education Act and it therefore considers that, in order to avoid any ambiguity in the law, it is necessary for specific measures to be taken to harmonize the national legislation with the provisions of the Convention. The Committee once again reminds the Government that Article 6 of the Convention fixes a minimum age of 14 years for work done in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee once again requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking. To that end, it requests the Government to ensure that the Employment Act and the Shipping Act are amended in order to fix the minimum age for apprenticeship at 14 years.

Article 7. Light work. In its previous comments, the Committee noted that section 32, subsection (1), of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years of age. However, it noted that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years of age. In this regard, the Committee recalled that, under the terms of the Convention, national laws and regulations may permit the employment of children from the age of 13 years of age to engage in light work. The Committee notes in the Government’s report that the Government takes note of its obligation to comply with the provisions of Article 7 of the Convention and that the necessary measures will be taken in consultation with employers’ and workers’ organizations. The Committee hopes that the Government will take the necessary measures to ensure that the “holiday job employment” of persons under 16 years of age is only performed under the conditions provided for by Article 7 of the Convention and requests the Government to supply information on this matter.

Part V of the report form. The Committee notes the extensive statistical breakdown regarding the fields of work or employment of persons of 16 to 18 years of age in the Government’s report. The Committee requests the Government to continue providing information on the manner in which the Convention is applied including, for example, statistical data on the employment of children and young persons, including, where relevant, those below the minimum age specified (16 years), 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 2006, published 96th ILC session (2007)

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

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee notes that, at the time of ratifying the Convention, Grenada declared 16 years as the minimum age for admission to employment or work within its territory and on means of transport registered in its territory. It notes the Government’s information that subsection (1) of section 32 of the Employment Act No. 14 of 1999 states that no person under the age of 16 years shall be employed or allowed to work in any public or private agricultural, industrial or non-industrial undertaking or any branch thereof, save and except for holiday job employment. Furthermore, subsection (2) states that no person under the age of 16 years shall be employed or allowed to work on vessels. The Committee notes that, according to the Factories Act of 1973, “young person” means a person who has attained 14 years but has not attained the age of 18 years. It notes that section 43 of this Act stipulates that no woman or young person shall be employed in a factory other than in accordance with subsidiary legislation made by the Minister under sections 34 and 35. The Committee requests the Government to indicate if the Minister, pursuant to sections 34 and 35 of the Factories Act, issued subsidiary legislation which allows children under 16 years of age to work. If so, it requests the Government to take the necessary steps to bring such subsidiary legislation into line with the Convention in order to ensure that no child under 16 years is admitted to perform any kind of work other than light work.

Article 2. paragraph 3. Compulsory education. The Committee notes the information contained in the Government’s initial report to the Committee on the Rights of the Child dated 24 September 1997 (CRC/C/3/Add.55, paragraph 31) that under the Education (Compulsory at Primary Schools) Act, Chapter 85, the compulsory school age in Grenada is from 6 to 14 years. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention, is fulfilled since the minimum age for employment (16 years for Grenada) is not less than the age of completion of compulsory schooling. The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and 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 (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 therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. In this regard, the Committee hopes that the Government will indicate any new developments on this point.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work. The Committee notes that the relevant legislation does not seem to contain any provisions prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee reminds the Government that, by virtue of Article 3, paragraph 1, of the Convention, the minimum age for hazardous work shall not be less than 18 years. It also reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of hazardous work to which paragraph 1 of this Article applies, shall be determined by national laws or by the competent authority, after consultations with the organizations of employers and workers concerned. The Committee requests the Government to take the necessary measures to prohibit in national legislation persons under 18 years of age from performing any type of employment or work which by its nature or the circumstances in which its is carried out is likely to jeopardize their health, safety or morals. The Committee also requests the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work to be prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention. Finally, it asks the Government to provide information on the consultations held with the organizations of employers and workers concerned on this subject.

Article 6. Vocational training and apprenticeship. The Committee notes that subsection (3) of section 32 of the Employment Act states that the provisions of this section do not apply to the following: (a) work done by children in technical schools, work done by children on job training or work experience exercises provided that such work is approved and supervised by the public authority; (b) work done by children on school ships or training ships, provided that such work is approved and supervised by the public authority. The Committee notes that the Employment Act does not fix the minimum age for apprenticeship. In this regard, the Committee reminds the Government that Article 6 of the Convention fixes a minimum age of 14 years for work done in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee asks the Government to provide information on the minimum age for apprenticeship, including in the maritime sector, and on the conditions governing work done by apprentices. If no age is fixed in the relevant legislation for apprenticeship, the Committee requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking.

Article 7. Light work. The Committee notes that subsection (1) of section 32 of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years. However, it notes that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years. The Committee reminds the Government that, upon ratifying the Convention, it declared 16 years to be the minimum age for admission to employment and that, by virtue of Article 2, paragraph 1, of the Convention, children under 16 years are not allowed to work other than in light work, under the conditions provided for by Article 7 of the Convention. Therefore, “holiday job employment” may only be performed as light work in conformity with the conditions provided for by Article 7 of the Convention. In this regard, the Committee recalls that, under the terms of Article 7, paragraph 1, of the Convention, national laws and regulations may permit the employment of children from the age of 13 years to engage in light work. It also recalls that, apart from the activities for which light work may be authorized, Article 7, paragraph 3, of the Convention provides that the competent authority shall prescribe the number of hours during which and the conditions in which such employment may be undertaken. The Committee requests the Government to take the necessary measures to ensure that the “holiday job employment” of persons under 16 years is only performed under the conditions provided for by Article 7 of the Convention.

Article 9, paragraph 1. Penalties The Committee notes the Government’s information that section 35 of the Employment Act establishes that any person who contravenes section 32 of this Act (prohibition of child labour) commits an offence and shall be liable on summary conviction to a fine not exceeding $10,000 or to a term of imprisonment not exceeding three years or to both such fine and imprisonment. It takes due note of this information.

Article 9, paragraph 3. Keeping of registers. The Committee notes that section 33 of the Employment Act requires that every employer shall keep a register of all persons under the age of 18 years employed by him and of the dates of their births. It takes due note of this information.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied and any practical difficulties encountered in the application of the Convention, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.