Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

Convention (n° 138) sur l'âge minimum, 1973 - Emirats arabes unis (Ratification: 1998)

The Committee has noted the Government’s first report and requests the Government to supply further information on the following points.

Article 1. The Committee asks the Government to indicate what policy it intends to pursue, in the sense of this provision of the Convention, to progressively raise the minimum age (set at 15 years by the legislation) to a higher level, and to indicate what policy measures it intends to take, to further enhance the legislation’s effectiveness in eliminating child labour.

Article 2(1). Ships registered in the country. The Committee notes that the minimum age specified by the Government in its declaration for admission to employment or work is 15 years. It would ask the Government to indicate whether that age also applies to employment or work on ships registered in the country.

Article 2(3). Compulsory schooling. The Committee notes that, under the Constitution (article 17), education is compulsory at the primary stage. It also notes from the Government’s report that compulsory schooling ends when the child attains 12 years. However, the Committee is bound to note from the Government’s report on the realization of the principle of the effective abolition of child labour, submitted as part of the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, that compulsory schooling in the United Arab Emirates extends over nine years, and ends when the child attains 15 years. The Committee asks the Government to indicate until what age schooling is compulsory in the country and to provide copies of the relevant legislative provisions. It would ask the Government to provide the text of Federal Law No. 11 (1972) on compulsory education.

Article 3(1) and (3). The Committee notes that Ministerial Order No. 5/1 of 1981 lists operations that are dangerous or detrimental to health and prohibits the employment of young persons in those occupations. It observes, however, that, under section 1, the Order applies to young persons under the age of 17. The Committee recalls that, under Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years, and that Paragraph 9 of the Minimum Age Recommendation, 1973 (No. 146), states that when the minimum age is still below 18 years, immediate steps should be taken to raise it to that level. Under the Convention, a lower age should only be authorized as a matter of exception and on condition of the safeguards specified under the Convention.

The Committee asks the Government to clarify if the operations listed in Ministerial Order 5/1 of 1981 are to be considered as exceptions under paragraph 3 of this Article and, if such is the case, to provide detailed information on consultations with organizations of employers and workers, and on measures guaranteeing that young persons are fully protected, and have received adequate specific instructions and training, in conformity with this provision of the Convention. If the operations are not to be considered as exceptions, the Committee requests the Government to raise to 18 years the minimum age for admission to occupations likely to jeopardize the health, safety and morals of young persons.

Article 4(1). Exclusions from the Labour Code. The Committee notes that there have been no formal exclusions from the application of the Convention under this Article of the Convention. However, the Labour Code, under section 3, excludes from its scope members and relatives of an employer’s family who reside in his home and are supported by him, domestic servants, employees engaged in agriculture or grazing of animals, employees working in small establishments, and employees engaged in temporary jobs of six months or less. The Committee asks the Government to indicate what measures it intends to take in order to apply a legal minimum age to employees in these occupations consistent with the requirements of the Convention. The Government is also asked to provide information on the application of a minimum age for admission to work in the fishing sector, including small boats, and to provide the text of the relevant legal provisions.

Article 6. Minimum age for training. The Government is asked to indicate whether the Minister of Labour has issued orders to regulate and to prescribe conditions for training in occupations and trades as provided for under sections 50 and 51 of the Labour Code, and to supply a copy of such orders. The Committee also asks the Government to provide information on the courses of training for which training institutions are responsible and on programmes of training in undertakings, referred to in Article 6 of the Convention. The Committee notes that under section 42 of the Labour Code, a vocational training contract can be concluded in writing by the owner of an establishment and (through the guardian) for a young person "who is at least 12 years of age who undertakes to work for the employer during the period of training on the terms and for the period agreed to". The Committee asks the Government to indicate what measures it intends to take to bring section 42 of the Labour Code into conformity with the provisions of the Convention, by setting the minimum age for vocational training in an undertaking at 14 years at least.

Articles 9(1) and (3). The Committee notes that the Labour Code, in section 22, requires the employer to keep a register of young persons. It would appreciate it if the Government would provide a model of such register, as requested in the report form. The Committee asks the Government to provide detailed information on the measures taken, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention.

Articles 3(2) and (3), and 6. Consultations with social partners. The Committee asks the Government to provide information on the consultations with employers’ and workers’ organizations which have been held in relation to the matters dealt with under these provisions of the Convention.