Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

Convenio sobre la edad mínima, 1973 (núm. 138) - Malasia (Ratificación : 1997)

The Committee notes the Government’s reports. It notes with interest the adoption of the Child Act, 2001 (Act No. 611), section 2 of which defines "child" as a person under the age of 18 years. The Committee would draw the Government’s attention to the following points.

1. Article 2, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government’s attention to the fact that the provisions of the Children and Young Persons (Employment) Act, 1966, respecting the minimum age for admission to employment or work, were not in conformity with the age specified by the Government when ratifying the Convention. Indeed, although the Government specified the minimum age for admission to employment as being 15 years when ratifying the Convention, section 2(1) of the Act provides that no child shall be, nor required or permitted to be, engaged in any employment, while the term "child", by virtue of section 1(A) of the Act, means any person who has not attained 14 years of age. Moreover, section 2(3)(e) of the same Act allows children between 14 and 16 years of age to be employed on any vessel under the personal charge of his parent or guardian. The Committee notes the Government’s indication that a tripartite committee has been set up by the Ministry of Human Resources to review all labour legislation. According to the Government this tripartite committee will look at the possibility of increasing the minimum age for admission to employment. The Committee invites the Government to keep it informed of developments concerning this review, especially with regard to measures taken to bring the minimum age for admission to employment into conformity with the one declared.

2. Article 3. In its previous comments the Committee noted that the employment of persons who have attained 16 years of age is not subject to any restriction, as the Act applies to children (under 14 years of age) and young persons (between 14 and 16 years of age). It also noted that section 2(3) and (4) of the Act allows persons between 14 and 16 years of age to perform certain types of hazardous work under certain conditions. The Committee notes the Government’s indication that the tripartite committee which has been set up to review the labour legislation will look into this aspect. The Committee once again reminds the Government that the minimum age for hazardous work should not be less than 18 years. Moreover, the Government is required to list the types of employment or work that, by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of children. This determination has to be made after consultation with workers’ and employers’ organizations. The Committee requests the Government to keep it informed of the outcome of this review, which it hopes will bring the legislation into conformity with Article 3 of the Convention.

3. Article 7. In its previous comments, the Committee noted that section 2(2)(a) of the Children and Young Persons (Employment) Act, 1966, allows persons under 14 years of age to be employed in light work which is to their capacity, in any undertaking carried on by their family. The Committee accordingly noted that the legislation does not specify a minimum age for admission to light work. The Committee notes the Government’s indication that the activities involved in light work are usually conducted in family businesses in which children assist their parents in retail sales outlets. The Committee recalls that Article 7, paragraph 1, of the Convention provides for the possibility of admitting young persons of 13 years of age to light work. The Committee also recalls that, according to Article 7, paragraphs 2 and 3, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to take the necessary measures to ensure that national law and practice comply with the requirements of the Convention on the following points: (i) that the minimum age of 13 years for light work be established by legislation; and (ii) that, in the absence of a definition of light work in the legislation, the competent authority should determine what is light work and should prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

4. Part V of the report form. The Committee notes the Government’s information that no statistics on the employment of children and young persons are available. It requests the Government to supply information on the manner in which the Convention is applied, including, for example, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

The Committee notes that efforts are under way for the tripartite committee, set up by the Government to review all labour legislation, and to start reviewing the Children and Young Persons (Employment) Act, 1966. The Committee would strongly encourage the Government to ensure, that during its review of the 1966 Act, the tripartite committee will take into consideration the Committee’s detailed comments on discrepancies between national legislation and the Convention. The Committee requests the Government to inform it of any progress made in the review of the 1966 Act in its next report and invites it to consider seeking technical assistance from the ILO.