Solicitud directa (CEACR) - Adopción: 2000, Publicación: 89ª reunión CIT (2001)

Convenio sobre la edad mínima, 1973 (núm. 138) - Argentina (Ratificación : 1996)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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