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

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

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.