Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre la edad mínima, 1973 (núm. 138) - Gabón (Ratificación : 2010)

Previous comments: observation and direct request

Article 2(1) of the Convention. Scope of application and minimum age for admission to employment or work. The Committee notes the adoption on 19 November 2021 of Act No. 022/2021 issuing the Labour Code. It notes the Government’s indication in its report that section 214 of the new Labour Code lays down the principle that, unless an exemption is granted, no child under 16 years may be employed in an enterprise. The Committee notes, however, that under the terms of section 1 of the Labour Code, the Code continues to govern only labour relations between workers and employers, and between the latter or their representatives and apprentices and trainees placed under their authority. It therefore appears that the Labour Code and the provisions on the minimum age for admission to employment or work do not apply to work performed outside a formal employment relationship, as in the case of children working on their own account or those working in the informal economy. The Committee therefore notes with regret that the Government has not taken the opportunity of the revision of the Labour Code to bring its legislation into conformity with the Convention. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment and work, whether or not these are governed by a contractual employment relationship, including work in a family enterprise. The Committee requests the Government to take the measures necessary, in the very near future, so that all children under 16 years of age who engage in economic activities outside a formal employment relationship, particularly children who work in the informal economy, including in a family enterprise, benefit from the protection afforded by the Convention.

Article 3(1) and (2). Minimum age for admission to hazardous types of work and determination of such types of work. The Committee notes the adoption of Act No. 003/2018 of 8 February 2019 issuing the Children’s Code, section 74 of which prohibits the engagement of a child (defined as any person under 18 years) in work that is paid or is likely to jeopardize their health, safety or morals. However, the Committee notes that section 7 of the Labour Code provides that before 16 years of age, children may not be engaged in work that is not appropriate for their age, health, physical or psychological condition, or development, unless exemptions are granted under the present legislation. The Committee also notes with concern that section 214(2) of the Labour Code prohibits the engagement of children under 16 years (and not of children under 18 years as stipulated in Article 3(1) of the Convention) in work considered the worst forms of child labour, particularly work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals. This particularly includes: (1) work which exposes children to physical, psychological or sexual abuse; (2) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (3) work underground, under water, at dangerous heights or in confined spaces; and (4) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health. In addition, section 214 provides that a decree will determine the nature of work and the categories of enterprises prohibited to children, as well as the minimum age that applies to this prohibition. The Committee urges the Government to take the necessary measures, in the near future, to amend section 214 of the Labour Code and prohibit the performance of work which by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of all children under 18 years, in accordance with Article 3(1) of the Convention. The Committee also requests the Government to indicate the measures taken to adopt a decree determining the nature of work and the categories of enterprises prohibited to children under section 214 of the Labour Code, and to guarantee the application of this decree to all children under 18 years.

Article 7. Light work. The Committee notes with regret that, contrary to the information previously provided by the Government, the new Labour Code does not contain provisions governing the rules for light work by children. It notes therefore that Decree No. 0651/PR/MTEPS of 13 April 2011 determining individual exemptions from the minimum age for admission to employment remains the rule in force and that, under sections 2 and 3, subject to the agreement of a parent or guardian and of the works doctor, individual exemptions from the minimum age to employment may be granted for the performance of light work not likely to jeopardize the health, development or education of the minors concerned, or their participation in vocational orientation and training programmes. The Committee reminds the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment of children aged at least 13 years in light work and that, under Article 7(3) of the Convention, the competent authority, and not the persons exercising parental authority, shall determine the activities in which light employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee therefore once again requests the Government to take the necessary measures to: (i) set the minimum age for admission to light work at 13 years; (ii) adopt a list of types of light work in which children between 13 and 16 years of age may be engaged; and (iii) ensure that the competent authority determines the conditions for such employment. The Committee requests the Government to provide information on the progress achieved in this regard.

Article 9(3). Keeping of registers. The Committee notes that, under section 295 of the Labour Code, the employer must keep updated, at the work premises, an employer’s register, containing a full list of his or her current employees. The information that must be kept in the register is set through regulations. The Committee notes, from the Government’s report on the application of the Minimum Age (Underground Work) Convention, 1965 (No. 123), that a drafting committee for the implementing texts for the new Labour Code is in the process of updating General Order No. 3018 of 29 September 1953 determining the model of the employer’s register. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by employers, containing the name and ages, or dates of birth, duly certified, wherever possible, of persons whom they employ or who work for them and who are less than 18 years of age. The Committee therefore once again requests the Government to take the necessary measures, in the near future, to bring General Order No. 3018 into conformity with the requirements of Article 9(3) of the Convention, by providing that the employer must keep registers and make them available.

The Committee is raising other matters in a request addressed directly to the Government.