Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 138) sur l'âge minimum, 1973 - Antigua-et-Barbuda (Ratification: 1983)

Article 2(1) and (3) of the Convention. Minimum age for admission to employment and age of completion of compulsory schooling. The Committee previously requested the Government to prohibit the employment of persons under 16 years of age, in conformity with the minimum age for admission to employment specified by the Government when ratifying the Convention.

In this regard, the Committee notes with satisfaction that the Education Act of 2008 (Act No. 21 of 2008) prohibits employing a child of school age during the school year (pursuant to section 47(1)) and specifies that education is compulsory for all persons under 16 years of age (pursuant to section 27(1)). The Committee also notes that section 47 of Act No. 21 of 2008 establishes a penalty of a fine not exceeding $2,000 for any person or corporation who employs a child of compulsory school age (of 16 years), as well as every director and officer of such a corporation who authorizes, permits or acquiesces in such contravention. Moreover, the Committee notes that Act No. 21 of 2008 provides that, pursuant to section 37, it shall be the duty of every parent to cause a child of compulsory school age to receive an education by regular attendance in school, and pursuant to section 46, any parent who neglects or refuses this duty commits an offence and is liable to a fine not exceeding $1,000. The Committee further notes that section 39 of Act No. 21 of 2008 provides for the designation of school attendance counsellors to assist with the enforcement of the compulsory attendance provisions of the Act. In this respect, the Committee notes that, pursuant to section 41 of Act No. 21 of 2008, school attendance counsellors may enter premises where it is believed that a child of compulsory school age is employed in contravention of the Act. Pursuant to section 43, a school attendance counsellor may apprehend and deliver to school a child of compulsory school going age who is absent from school.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of these types of work. The Committee previously noted the Government’s indication that consultations were held with the unions and employers’ federation regarding the activities and occupations to be prohibited to persons below 18 years. The Committee noted that though a recommendation was made, it was not taken before the National Labour Board, as it was the Government’s aim to revamp the occupational health and safety legislation.

The Committee notes the Government’s statement that proposed amendments to the section of the Labour Code on occupational health and safety provisions have been circulated to Cabinet, but have not yet been adopted. The Government also indicates that technical assistance is being sought in consideration for new and separate occupational health and safety legislation. The Committee further notes that members of the Department of Labour attended a training workshop in June 2011, organized within the framework of the Occupational Safety and Health and Environment Programmes in the Caribbean. The Committee once again reminds the Government that Article 3(1) of the Convention provides that 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. It also reminds the Government that, under the terms of Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee urges the Government to take the necessary measures to ensure that a list of activities and occupations prohibited for persons below 18 years of age is adopted in the near future, in accordance with Article 3(1) and (2) of the Convention. It encourages the Government to pursue its efforts in this regard through amendments to the occupational health and safety legislation, and to continue to provide information on progress made. Lastly, it requests the Government to provide a copy of the amendments to the occupational health and safety legislation once adopted.

Article 4(2). Exclusion of limited categories of employment or work. The Committee previously noted that, in the Government’s first report, it excluded from the application of the scope of the Convention limited categories of employment or work, pursuant to Article 4(2) of the Convention. In this regard, the Committee noted that section E3 of the Labour Code provides that the prohibition upon the employment or work of children, does not apply to any undertaking or ship on which only members of the same family are employed, to members of a recognized youth organization who are engaged collectively in such employment for the purposes of fund raising for such an organization, nor to a child who is working together with adult members of his/her family on the same work and at the same time and place. The Committee requested the Government to indicate any changes in law and practice in respect of these excluded categories. In this regard, the Committee notes the Government’s statement that there are no new legislative or other measures affecting the application of the Convention.