Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Convenio sobre la edad mínima, 1973 (núm. 138) - Fiji (Ratificación : 2003)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee had noted the Government’s information that the country was in the process of elaborating a new Employment Relations Bill that would replace existing labour laws and that this bill was extensively discussed in the Labour Advisory Board, which is comprised of the workers’ and employers’ representatives, as well as the Government. The Committee notes with interest that section 90 of the Employment Relations Promulgation 2007 (Promulgation No. 36 of 2007), which was effectively adopted on 2 October 2007, provides that the objectives of Part 10 of the promulgation on children are, among other things, to establish the circumstances and ages at which children may work and to confer certain rights on children and provide protection in view of their vulnerability to exploitation.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee had previously recalled that, by virtue of Article 2, paragraph 1, of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation. The Committee notes with interest that section 92 of Promulgation No. 36 of 2007 sets the minimum age for admission to employment or work at 15 years, in conformity with the age specified by the Government when ratifying the Convention.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. Following its previous comments, the Committee notes that, according to section 40(1) of the Employment Relations (Administration) Regulations 2008, a child under 18 years must not be employed or permitted to be employed in situations of direct hostilities, in any work for which the child has little capacity, in any work which is hazardous to the child’s health, mental, spiritual or social development and in an environment which subjects the child to physical harm, psychological torture, any form of neglect, torture, any form of cruel, inhuman or degrading treatment, or which does not foster the health, self-respect and dignity of the child. The Committee also notes that section 95(1) of Promulgation No. 36 of 2007 prohibits the employment of children underground in mines. It further notes that section 95(2) of Promulgation No. 36 of 2007 provides that the Minister of Labour may, after consulting the National Occupational Health and Safety Advisory Board, and by order in the Gazette, declare any employment or workplace to be prohibited or restricted on the ground that it is injurious to health or is hazardous, dangerous, or unsuitable, including attendance on machinery, working with hazardous substances, driving motor vehicles, heavy physical labour, the care of children, or work within security services. However, the Committee observes that no list of such hazardous employment or work appears to have been declared by the Minister of Labour. The Committee once again recalls that, under the terms of Article 3, paragraph 2, of the Convention, the types of work which, by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of young persons, shall be determined by national laws or regulations, or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to take measures to ensure that a list of hazardous activities and occupations prohibited to persons below 18 years of age, pursuant to section 95(2) of Promulgation No. 36 of 2007, is adopted in the near future. It requests the Government to provide information on the progress made in this regard.

Article 4. Exclusion of limited categories of employment or work from the application of the Convention. In its previous comments, the Committee had noted that, according to section 57 of the Employment Ordinance, no provision of Part VIII (Women, Young Persons and Children) shall apply to an industrial or other undertaking or to any ship, in which only members of the same family are employed, unless such employment, by its nature and the circumstances in which it is carried out, is dangerous to the life, health or morals of the persons employed therein, or to any school, institution or training ship which is for the time being approved and supervised by the Permanent Secretary for Education. The Committee had recalled that, under Article 4, paragraph 2, each member which ratifies the Convention shall list, in its first report, any categories of employment which may have been excluded, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given, or is proposed to be given, to the Convention in respect of such categories. The Committee notes with interest that, according to section 265(1)(a) of Promulgation No. 36 of 2007, the Employment Act is repealed, and that Promulgation No. 36 of 2007 does not provide for exclusions such as the ones outlined in section 57 of the Employment Ordinance. Furthermore, the Committee notes the Government’s information that Promulgation No. 36 of 2007 applies to all undertakings, in any branch of economic activity, where workers are employed.

Article 7, paragraphs 1 and 3. Light work and determination of light work. The Committee had previously noted that the Employment Ordinance permitted light work by children below the age of 12 years. It had reminded the Government that, pursuant to Article 7, paragraph 1, of the Convention, only children from 13 years of age may be permitted to perform light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes. The Committee notes that, according to section 93(2) of Promulgation No. 36 of 2007, children between 13 and 15 years may be employed in such light work. However, the Committee recalls that, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted for children between 13 and 15 years and 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 national law and practice are in conformity with the requirements of the Convention and 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.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that, according to the Employment Ordinance, the obligation of an employer to keep a register concerned only industrial undertakings. It had reminded the Government that Article 9, paragraph 3, of the Convention stipulates that national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by every employer of persons under the age of 18. The Committee notes with interest that section 99 of Promulgation No. 36 of 2007 provides that an employer of children in a workplace, or in an occupation which forms part of a workplace, must keep a register of all children under the age of 18. Moreover, the register must include particulars of their ages, as well as the date of commencement and termination of their employment.