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

Convention (n° 138) sur l'âge minimum, 1973 - Argentine (Ratification: 1996)

The Committee notes the information provided by the Government in its report. Furthermore, it notes with interest that on 5 February 2001 Argentina ratified the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 2 of the Convention. 1. Scope of application. The Committee notes that by virtue of section 189 of Act No. 20.744 respecting contracts of employment, the minimum age for admission to employment or work, whether or not it is remunerated, is 14 years. It also notes that under sections 32 and 187 of Act No. 20.744, young persons between 14 and 18 years of age may, under certain conditions, be party to a contract of employment. The Committee notes that the national legislation governing the admission of children to employment or work does not apply to employment relations which are not a result of a contract, such as work carried out by young persons on their own account. While noting the information provided by the Government in its report, the Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. It therefore requests the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children performing an economic activity on their own account.

2. Raising the minimum age. Further to its previous comments, the Committee notes with interest the Bill submitted to Congress and attached to its report to raise the minimum age for admission to employment or work to 15 years. It requests the Government to provide information concerning the progress achieved in this respect and to provide a copy of the Act once it has been adopted.

3. Compulsory school-leaving age. In its previous comments, the Committee noted that, under section 189(3) of Act No. 20.744 respecting contracts of employment, a work permit may be granted to a young person before the compulsory school-leaving age by the ministry where the work is considered indispensable for the survival of the young person or her or his family. However, it noted that no minimum age is envisaged where a permit is granted to a young person who has not completed compulsory schooling. The Committee notes with interest the information provided by the Government in its report that, where the ministry authorizes work by a young person who has not completed compulsory schooling, the minimum age for admission to employment or work set forth by Act No. 20.744 respecting contracts of employment, namely 14 years, is applicable. The Committee also notes with interest the Government’s indication that the Federal Education Act provides that compulsory education is from 5 to 15 years (section 10 of the Act).

Article 3. Further to its previous comments, the Committee notes with interest the information provided by the Government in its report to the effect that, even though Act No. 11.317 was adopted in 1924, the policy of the Argentinian Government has always been to consult the social partners.

Article 7. In its previous comments, the Committee noted that under the terms of section 189 of Act No. 20.744 respecting contracts of employment, young persons under 14 years of age may work in enterprises in which only members of the same family are engaged, on condition that their activities are not hazardous or harmful. It also noted that, in the agricultural sector, section 107 of Act No. 22.248 authorizes young persons under 14 years of age to work in family farms where their work does not prevent their regular attendance at primary education. In its report, the Government indicates that the types of work envisaged in section 107 of Act No. 22.248 may be considered to be light work. It also states that it is necessary to take into account section 112 of Act No.  22.248 prohibiting hazardous work in agriculture for young persons under 18 years of age. While noting the information provided by the Government, the Committee notes that neither section 189 of Act No. 20.744 respecting contracts of employment nor section 107 of Act No. 22.248 establish an age for admission to light work. In this respect, it reminds the Government that, by virtue of Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment of persons of 12 to 14 years of age on light work, provided that such work is: (a) not likely to be harmful to their health or development; and (b) 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. The Committee requests the Government to take the necessary measures to ensure that effect is given to the Convention by providing that employment on light work may only be authorized for persons of 12 to 14 years of age in accordance with the conditions prescribed by Article 7, paragraph 1, of the Convention. It also requests the Government to indicate whether the national legislation includes provisions prescribing the number of hours during which, and the conditions in which, light work may be undertaken, in accordance with Article 7, paragraph 3, of the Convention, and to provide a copy thereof.

Article 8. Further to its previous comments, the Committee notes the information provided by the Government in its report to the effect that Decree No. 4364/66 establishes the procedure for authorizing the participation of young persons under 18 years of age in artistic performances. In accordance with the Decree, the Ministry of Labour shall, when granting the authorization to work, ascertain that certain conditions are complied with, and particularly that the health, morals and life of children and young persons are not endangered, that the activities are not carried out at night and that the children benefit from a period of rest of at least 14 consecutive hours. The Committee requests the Government to provide a copy of Decree No. 4364/66.

Article 1 and Part V of the report form. Further to its previous comments, the Committee notes with interest the activity report for 2002 of the National Commission for the Elimination of Child Labour, supplied by the Government with its report, which provides detailed information on the National Plan and National Programme of Action for the Prevention and Progressive Elimination of Child Labour, the Subregional Plan of Action in the context of MERCOSUR and the survey of child labour in Argentina. However, the Committee notes that in its concluding observations on the second periodic report of Argentina the Committee on the Rights of the Child notes with deep concern the growing number of children under 14 who are exploited economically, in particular in rural areas, because of the economic crisis (CRC/C/15/Add.187, paragraph 58). The Committee notes that this observation corroborates the information contained in the survey of child labour in Argentina. It requests the Government to continue providing information on the application of the Convention in practice.