Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Convention (n° 138) sur l'âge minimum, 1973 - Tunisie (Ratification: 1995)

The Committee notes the Government's first report. It requests the Government to provide additional information on the following points.

Article 2, paragraph 1, of the Convention. The Committee notes that section 53 of the Labour Code establishes the minimum age at 16 years. However, it notes that, under the terms of section 6 of the Labour Code, this minimum age only applies to salaried employment and does not cover all the types of work prohibited by the Convention, such as own account work. In view of the fact that the Convention, under the terms of Article 2, paragraph 1, is applicable to employment or work in any occupation, the Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that no person below the specified minimum age (16 years) is admitted to employment or work in any occupation, including own account work.

Furthermore, the Committee notes that the employment of children under 16 years of age is authorized in establishments in which only family members work under the authority of the father, the mother or the guardian, on condition that the employment of these children has no negative effect on their health, physical and mental development and school attendance (section 54(1) of the Labour Code). It recalls that any exclusion from the application of the Convention, including work performed by children in family enterprises, is only permitted under Article 4, which requires a statement to this effect in the first report. The Committee notes that the Government stated that it has not availed itself of this Article in its first report. In view of the contents of section 54(1) of the Labour Code, it requests the Government to state whether it intends to avail itself of the flexibility clause contained in Article 4 with regard to family enterprises. If such enterprises are not excluded in this way, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to the Convention in family enterprises.

Article 3, paragraph 2. The Committee requests the Government to state whether the order referred to in section 58 of the Labour Code determining the types of work that are prohibited for children under 18 years of age has already been elaborated. It requests the Government to supply a copy of the above text as soon as it is adopted.

Article 6. The Committee notes that, in accordance with section 26 of Act No. 93-10, the age of admission to apprenticeship is between 15 and 20 years. However, according to section 346 of the Labour Code, no apprentice under the age of 14 years may enter apprenticeship without authorization from the competent department of the Secretariat of State for Youth, Sports and Social Affairs. The Committee therefore requests the Government to indicate which of these two texts in practice determines the age of admission to apprenticeship. Furthermore, the Committee requests the Government to indicate whether the decree referred to in section 359 of the Labour Code to determine the list of individual activities involving methodical apprenticeship and their maximum duration has already been adopted. If so, the Committee requests the Government to provide a copy. Finally the Committee requests the Government to indicate the working conditions under which work is performed by persons of at least 14 years of age under section 53-2 of the Labour Code in the framework of teaching and training in enterprises, and the provisions by which they are determined.

Article 7, paragraph 3. The Committee requests the Government to indicate whether the decree referred to in section 56(3) to determine the nature of light work and the preliminary precautions to be taken when engaging children in this work, as well as the hours of work of children aged between 16 and 18 years, has already been adopted. If so, please provide a copy.

Article 8, paragraph 2. The Committee requests the Government to indicate whether the order referred to in section 57(2) of the Labour Code concerning the minimum age above which individual authorizations may be granted and the maximum hours of work permitted for work performed in the interests of art, science and education, has already been adopted. If so, please provide a copy.

Articles 1 and 9 and point V of the report form. The Committee notes with interest the efforts made by the Government to protect children from exploitation and particularly the establishment of the National Council of the Child and the Higher Council of Youth. It requests the Government to provide information on the measures which have been taken or are envisaged to give effect in practice to the Convention. In this respect, the Committee requests the Government to refer to its general observation of 1995.

The Committee notes the Government's statement in its report to the effect that the problem of child labour does not arise in practice and that no violation by employers of the legislation on child labour has been noted in annual labour inspection reports in recent years. It requests the Government to continue supplying information on the manner in which the Convention is applied in practice, including for example statistical data on the number of children and young persons who work and the nature of their work, extracts from the reports of inspection services and the contraventions reported.

With regard to statistics, the Government's report, which refers to the article "Child labour today: Facts and figures", published by the ILO in the magazine World of Work No. 16 (June/July 1996), indicates that the percentage of children between the ages of 10 and 14 exercising an economic activity in 1995 in Tunisia is equivalent to zero. However, according to the ILO's Bureau of Statistics, the figure for Tunisia is the result of an estimate obtained from the extrapolation of figures compiled in a population census in 1975. It cannot therefore be considered proof of the absolute non-existence of child labour in Tunisia. The Committee requests the Government to indicate whether a statistical survey of child labour has been envisaged or carried out.