Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 138) sur l'âge minimum, 1973 - Uruguay (Ratification: 1977)

The Committee notes the information sent by the Government in its report. It notes with interest the resolution of 10 March 2003 under which children or young persons of less than 18 years of age may not be authorized to work in the harvesting of lemons. It also notes with interest the survey on current domestic legislation relating to child labour, carried out by the Government with support from ILO/IPEC, appended to the Government’s report. In its report, the Government states that Parliament is studying a draft Children’s and Young Persons’ Code. The Committee requests the Government to send a copy of the Code as soon as it is adopted. It trusts that the code will accommodate the following comments.

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. In its previous comments, the Committee noted that section 223 of the 1934 Code of the Child sets the minimum age for admission to employment or work at 14 years. The Committee notes the information supplied by the Government to the effect that under Decree No. 852/971 of 16 December 1971, the minimum age for admission to employment or work is 15 years in all sectors of economic activity. The Government also indicates that the declaration accompanying the ratification of the Convention specifying a minimum age of 15 years takes direct effect in Uruguay and that no other legislative measures are necessary. In the Government’s view, this explanation resolves the problem of precedence between section 223 of the 1934 Code of the Child, which sets the minimum age for employment or work at 14 years, and Decree No. 852/971, which sets it at 15 years. While noting the Government’s explanation, the Committee is of the view that in order to avoid any ambiguity in the law and ensure the proper application of the Convention, it is essential to specify clearly that the minimum age for admission to employment or work is 15 years. The Committee therefore deems that specific measures need to be taken in order fully to harmonize the domestic legislation. It hopes that the draft Children’s and Young Persons’ Code, currently before Parliament, will make 15 years the minimum age for admission to employment or work, in accordance with the minimum age specified by Uruguay upon ratification and with Decree No. 852/971 of 16 December 1971.

Article 3. 1. Minimum age for admission to forestry work. The Committee notes the adoption of Decree No. 372/99 regulating working conditions in the forestry sector. Under section 8 of the Decree, the competent authority may authorize the work of minors under the age of 18 in the forestry sector, provided that the work involves little risk and requires little physical effort. The Committee would be grateful if the Government would provide further information on the nature of the work which young people of under 18 years may perform in the forestry sector and indicate the age from which they may be authorized to work in this sector.

2. Authorization to perform hazardous work from 16 years of age. The Committee notes that under section 242 of the Code of the Child, the Council for the Child may, exceptionally, authorize work by young people of 16-18 years of age. It reminds the Government that Article 3, paragraph 3, of the Convention provides for the employment of minors from 16 to 18 years of age to be authorized for hazardous work, provided that their health, safety and morals are fully protected; that they have received adequate specific instruction or vocational training in the relevant branch of activity; and that the organizations of employers’ and workers’ concerned are consulted beforehand. The Committee asks the Government to provide information on the measures taken to ensure that young persons of 16-18 years may work only under the conditions set in Article 3, paragraph 3, of the Convention.

Article 7. Light work. The Committee notes that under section 1 of Decree No. 852/971 of 16 December 1971 and sections 224 and 225 of the Code of the Child, the Council for the Child may authorize work by young persons of 12-15 years on an exceptional basis, provided that the work does not endanger their life, health or morals and that it is carried on in industrial enterprises which employ only members of one and the same family. The Committee reminds the Government that according to Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment of persons of 13-15 years of age in light work, provided that the latter is not likely to harm their health or development and is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Article 7, paragraph 3, provides that the competent authority shall determine the activities in which light 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 requests the Government to take the necessary steps to bring the national laws and regulations into line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years. It also asks the Government to indicate the conditions in which light work is performed, particularly the nature of the work and the number of hours for which it is performed. The Committee hopes that in the new Children’s and Young Persons’ Code the Government will take account of the conditions in which Article 7 of the Conventionallows the employment of persons aged between 13-15 in light work.

Article 8. Artistic performances. The Committee notes that sections 241 and 242 of the 1934 Code of the Child regulate artistic performances. According to section 241, young males of under 16 years and young females of under 18 years may not work either as professional actors or in public performances, for example in theatres or any other place of entertainment. The Committee notes that in the survey on the current domestic legislation on child labour appended to the Government’s report it is stated that the draft Children’s and Young Persons’ Code currently before Parliament contains provisions allowing exemptions from the specified minimum age for admission to employment or work, for the purpose of participation in activities such as artistic performances. The Committee reminds the Government in this connection that, under Article 8 of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, allow exceptions to the specified minimum age of 15 years for admission to employment or work, by permits granted in individual cases, for such purposes as participation in artistic performances. Permits so granted must limit the number of hours during which employment or work is allowed. The Committee trusts that in the new Children’s and Young Persons’ Code the Government will take account of the conditions in which Article 8 of the Convention allows participation in these activities.

Part V of the report form. The Committee notes the statistical information in the survey on current domestic legislation on child labour, appended to the Government’s report. It notes in particular that, according to the abovementioned report, 3.2 per cent of children aged from 11 to 13 work, and that 17.6 per cent of the age group from 14 to 17 years work. The Committee requests the Government to continue to supply information on the manner in which the Convention is applied, including statistical information relating to the employment of children and young people, especially in the agricultural sector, extracts from reports of the inspection services and details of the number and nature of the infringements recorded. It also asks the Government to provide information on education, particularly statistics of school attendance and drop-out rates.