Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 138) sur l'âge minimum, 1973 - Aruba

The Committee notes the Government’s report. It requests it to provide information on the following points.

Article 2, paragraph 3, of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted that the Government of Aruba had made a commitment to ensure that all children receive compulsory education up to the age of 17 years. The Committee notes once again the Government’s information that the State Ordinance on Compulsory Education remains under review. It has been presented to Parliament but has been resubmitted to the Department of Legislation for changes. The Committee once again trusts that the new State Ordinance on Compulsory Education will be in conformity with Article 2, paragraph 3, of the Convention, and requests the Government to supply a copy of it once it has been adopted.

Article 3, paragraphs 1 and 2. Hazardous work. In its previous comments, the Committee noted that section 17(1) of the Labour Ordinance stipulates that it is prohibited to cause women and juvenile persons to perform night work or work of a hazardous nature, which is to be described by a state decree. Section 4 of this Ordinance defines juveniles as persons who have reached the age of 14, but not yet the age of 18. The Committee requested the Government to indicate any progress made towards the entry into force of the state decree to specify the types of hazardous work that should not be assigned to young persons under 18 years of age. It notes the Government’s information that one of the tasks of the Committee for the Modernization of Labour Legislation is to fill the existing voids in the legislation, creating the state decrees (which have yet to be formalized) referred to in the Labour Ordinance. The Committee notes the Government’s assurance that the necessary steps have been and are being taken to ensure compliance with this Convention with the adoption of the new state decrees. It requests the Government to provide further information on consultations held with organizations of workers and employers in this regard, and to provide a copy of the state decree provided for under section 17(1) of the Labour Ordinance once it has been adopted.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted the Government’s indication that the state decree provided for under section 16(a) of the Labour Ordinance allows exemptions for certain tasks which are necessary for the learning of a trade or profession, and can be done by children of 12 years or over who have completed the sixth class of primary school. The Committee also noted the Government’s information that there have been no instances recorded to indicate that children between 12 and 14 years of age are employed for training purposes. It notes the Government’s indication that the state decrees are currently being formalized and requests it to provide a copy of the state decree provided for in section 16(a) of the Labour Ordinance, specifying the employment permitted for vocational education or technical training purposes when it is adopted.

Article 7. Light work. In its previous comments, the Committee recalled that Article 7, paragraph 3, of the Convention requires that the competent authority determine the activities allowed as light work in which young persons between 12 and 14 years of age may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. Noting the Government’s information that the state decrees are currently being formalized, the Committee repeats its request to the Government to keep it informed concerning the progress made with regard to the state decree specified under section 16(b) of the Labour Ordinance, which specifies the tasks which can be carried out by children of 12 years of age and above who have completed the sixth class of primary school. The Committee once again requests the Government to supply a copy of the state decree provided for under section 16(b) of the Labour Ordinance once it is adopted.

Part V of the report form. Practical application of the Convention. The Committee once again requests the Government to provide information on the manner in which the Convention is applied, including extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties laid down.