Solicitud directa (CEACR) - Adopción: 2014, Publicación: 104ª reunión CIT (2015)

Convenio sobre la edad mínima, 1973 (núm. 138) - Brunei Darussalam (Ratificación : 2011)

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to a national policy of non-tolerance towards child labour and to the use of children in physically and mentally detrimental work. The Government also refers generally to national laws and regulations which it states carry clear penalties in the event of any contravention concerning the protection of children from threat. The Committee further notes the Government’s reference to the Brunei Darussalam’s National Vision (Wawasan) 2035, which aims to attain an educated, highly skilled and accomplished citizenry.

While taking note of the general policies and measures which are mentioned in the Government’s first report, the Committee recalls that, under Article 1 of the Convention, each member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee notes, in this respect, that the above policies do not appear to specifically address the abolition of child labour or action programmes for this purpose. The Committee therefore requests the Government to take the necessary measures to combat child labour through the adoption of a national policy for the progressive abolition of child labour and the implementation of programmes of action for this purpose, and to provide information on developments in this respect.

Article 2(1). 1. Scope of application. Self-employment and family undertakings. The Committee notes that, pursuant to section 9 of the Employment Order, 2009, a person who has not attained the age of 16 years shall not be capable of entering into a contract of service. However, the Committee also notes that, under section 103(2), a child may be employed in an industrial undertaking in which only members of the same family are employed. Finally, the Committee notes the Government’s general reference to administrative regulations which, according to Government, prohibit employers from employing migrant workers who are below the age of 18 years. Recalling that the Convention applies to all types of work or employment, the Committee requests the Government to indicate any measures taken or envisaged to ensure the application of the minimum age specified in the Employment Order, 2009, to all types of work, including work outside a contractual employment relationship, such as self-employment and family undertakings. The Committee also requests the Government to clarify whether the provisions of the Employment Order, 2009, apply equally to migrant children and, if not, to identify the laws and regulations which regulate the minimum age of employment for those workers.

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 16 years as the minimum age for admission to employment or work in conformity with section 9 of the Employment Order, 2009.

Article 2(3). Age of completion of compulsory education. The Committee notes that, according to section 2 of the Compulsory Education Act, the term “a child of compulsory school age” is defined as children between the ages of 6 and 15 years. The Committee also notes, however, that under section 3(1)(b), the Compulsory Education Act only applies to children who are citizens of Brunei Darussalam. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to indicate how it is ensured that non-citizen children from 6 to 15 years of age are afforded the same access to compulsory education as all other children in the country.

Article 3(2). Determination of hazardous work. The Committee notes that, under section 104(2) of the Employment Order, 2009, the Minister may identify by declaration industrial undertakings in which no young person shall be employed. The Committee further notes that the term “industrial undertaking” is defined under section 2 to include: mines, quarries and other works for the extraction of minerals from the earth; industries in which articles are manufactured, assembled, altered, cleaned or in which materials are transformed, including ship-building and the generation, transformation and transmission of electricity and motive power; the construction, repair, maintenance, alteration or demolition of buildings, railways, tramways and other works of construction; and the transport of passengers or goods by road, rail, sea, air or inland waterway. The Committee requests the Government to provide full details on any declarations the Minister may have made concerning the industrial undertakings in which no young person shall be employed. If the Minister has not made such a declaration, the Committee requests the Government to take the necessary measures to develop and adopt a list determining the types of hazardous work prohibited for persons under 18 years, in consultation with the organization of employers and workers concerned.

Article 6. Vocational training and apprenticeship. The Committee notes that section 107(1) of the Employment Order, 2009, stipulates that the restriction on the employment of children, that is the restrictions set out under sections 103 and 104 for hazardous work and for light work, do not apply to the employment of children and young persons: (i) in any work approved and supervised by the Ministry of Education, the Institute of Technical Education or any authorised government agency; and (ii) carried out in any technical, vocational or industrial training school or institute or to any apprenticeship programme approved and supervised by the Institute of Technical Education or any authorised government agency. In addition, section 28 of the Employment Order, 2009, permits the parent or guardian of a person below the age of 16 years, with the young person’s consent, to enter into a contract of apprenticeship for systematic training for a period not exceeding five years. Noting that the provisions of the Employment Order, 2009, do not seem to provide a limit to which persons below the age of 16 years may be permitted to enter into a contract for apprenticeship training, the Committee requests the Government to take the necessary measures to bring those provisions into line with Article 6(1) of the Convention in order to ensure that no child under the age of 14 years may undertake such a programme.

Article 7(3). Determination of light work. The Committee notes that, under section 103(3) of the Employment Order, 2009, a child who has attained the age of 14 years may be employed in light work suited to his/her capacity as long as that work is not included under the term “industrial undertaking”, as it is defined under section 2, set out above. The Committee requests the Government to take the necessary measures to specify the types of light work activities for persons between the ages of 14–16, in addition to number of hours during which, and the conditions in which, such employment may be undertaken, as required under Article 7 of the Convention.

Article 9(1). Penalties. The Committee notes that section 110 of the Employment Order, 2009, sets out that any person who employs a child or young person in contravention of the provisions of the Order, or any associated regulations, or any parent or guardian who knowingly or negligently permits such employment, is guilty of an offence and liable to a fine not exceeding $2,000 (BND), imprisonment for a term not exceeding two years, or both. In cases where a child suffers serious injury or death resulting from such an offence, the offender must pay an additional fine not exceeding BND$2,000 and imprisonment for a term not exceeding two years. The Committee requests the Government to provide information on the application of penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that, under section 120(b) of the Employment Order, 2009, in the course of an inspection, the Commissioner may require the employer to produce, among others, contracts of service and registers concerning any or all of the employees in their employment. If the employer, without justification, refuses the request or otherwise hinders the inspection process, he or she will be guilty of an offence and will be liable for a fine not exceeding BND2,000, imprisonment for a term up to one year, or both. The Committee further notes the Government’s indication that, under section 120(b), all employers are required to maintain a list or register of employees under their service, which includes all details of those employees in question. The Committee requests the Government to provide details on the registers or lists that are required under section 120(b), including whether they contain the names and ages or dates of birth, duly certified wherever possible, of persons who are less than 18 years of age, as required under Article 9(3) of the Convention.