Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Minimum Age Convention, 1973 (No. 138) - Dominica (Ratification: 1983)

The Committee notes the joint observations of the Dominica Public Service Union (DSPU), the Dominica Amalgamated Workers Union (DAWU) and the Dominica Employers’ Federation, received on 1 September 2024 and communicated with the Government’s report.

Article 2(1) and (3) of the Convention. Minimum age for admission to employment and age of completion of compulsory schooling. Following its previous comments, the Committee notes that pursuant to the Employment of Women, Young Persons and Children Act, Chapter 90:06, no children under the age of 14 years can be employed in industrial undertakings, other than family undertakings (section 4), or on ships, other than those in which only members of the same family are employed (section 5). Section 5 of the Employment of Women, Young Persons and Children Act, Chapter 14:01 (Employment Act) permits employment from the age of 14 in certain sectors where family members are employed. However, the Committee recalls that sections 2 and 46(1) of the Education Act (No. 11 of 1997), mandate compulsory education for children between the ages of 5 and 16 years and prohibit their employment during the school year.

The Committee recalls that, upon ratification of the Convention, the Government specified a minimum age of 15 years for admission to employment or work. In this regard, the Committee reminds the Government that pursuant to Article 2(3) of the Convention, the minimum age specified should not be less than the age of completion of compulsory schooling. Furthermore, the Committee emphasizes the importance of linking the age of school completion with the minimum age for admission to work or employment. If the minimum age for admission to work (15 years of age) is lower than the age of school completion (16 years of age), children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 370). The Committee therefore requests the Government to take the necessary measures to raise the minimum age for admission to employment or work from 15 to 16 years, in order to link this age with the age of completion of compulsory schooling, in conformity with Article 2(3) of the Convention.

Article 3(1) and (2). Minimum age for admission to and determination of hazardous work. The Committee notes from the Government’s report that Dominica has not yet established a minimum age for admission to hazardous work, as required under Article 3(1) of the Convention. The Committee reminds the Government that this provision stipulates that no person under the age of 18 may be employed in work that, by its nature or the conditions in which it is carried out, is likely to jeopardize the health, safety, or morals of young persons.

The Committee takes further note that the Government has not provided information on the adoption of a list of hazardous occupations prohibited for children under 18 years of age. Additionally, the Committee observes that the Government has not consulted the relevant employers’ and workers’ organizations, as reported in the observations of the Dominica Employers’ Federation. In this regard, the Committee recalls that, under Article 3(2) of the Convention, the types of hazardous work must be determined by national laws or regulations, or by the competent authority, after consultation with the organizations of employers and workers concerned. Given that Dominica has ratified the Convention more than 30 years ago, the Committee urges the Government to take the necessary measures without delay to ensure that: (i) children can only undertake hazardous work from the age of 18 years, as required by Article 3(1) of the Convention; and (ii) a list of prohibited hazardous activities and occupations for persons under 18 years of age is adopted, after consultation with the organizations of employers and workers concerned, as required by Article 3(2) of the Convention. The Committee request the Government to provide information on the progress made in this regard.

Article 7(1). Minimum age for admission to light work. Following its previous comments, the Committee notes the lack of information in the Government’s report regarding any measures undertaken to align section 3 of the Employment of Children (Prohibition) Act, Chapter 90:05, with Article 7(1) of the Convention, concerning the minimum age for admission to light work. The Committee observes that: (1) section 3 of the Act permits a child to be employed in domestic work or agricultural work of a light nature at home by their parents or guardian; and (2) “child” is defined, in section 2, as a person who is under the age of 12 years. In this respect, the Committee recalls that Article 7(1) of the Convention only permits the employment or work of children who have reached the age of 13, and only under the condition that such work is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes or their capacity to benefit from the instruction received. The Committee therefore requests once again the Government to take the necessary measures to bring section 3 of the Employment of Children (Prohibition) Act in line with the Convention by permitting employment in light work only by children who have reached the age of 13 years, and only under the conditions required by Article 7(1) of the Convention.

Article 7(3). Determination of types of light work activities. Light work during school vacations. Following its previous comments, the Committee notes the Government’s information that section 46(3) of the Education Act prohibits the employment of children under 16 years of age during the school year but permits children over 14 years to be employed during vacation periods or if the employment is part of a school programme. The Committee further notes the Government’s indication that there is a need for close monitoring, as children may still engage in part-time employment in various sectors, such as in the construction sector. While the Committee notes the Government’s response, it regrets the absence of detailed information regarding the progress made in defining permissible light work for children over 14 years of age. The Committee therefore reiterates its request for the Government to provide information on the types of light work allowed, as well as the working hours and conditions under which such work may be performed.

Article 9(3). Keeping of registers by employers. The Committee recalls its previous request to the Government to review section 8(1) of the Employment of Women, Young Persons and Children Act, which requires every employer in an industrial undertaking and every shipmaster to keep a register of all persons employed under the age of 16. The Committee recalls that Article 9(3) of the Convention requires employers to keep and make available registers for all working children under 18 years of age. In the absence of any updated information from the Government, the Committee reiterates its request for the Government to take the necessary steps to amend the relevant legislation as required by Article 9(3) of the Convention. The Committee once again requests the Government to provide information on any progress made in this regard.

Labour inspection and application of the Convention in practice.In the absence of any updated information,the Committee reiterates its request for the Government to indicate whether the mandate of the national labour inspectorate has been expanded to cover child labour issues and, if so, to provide information on the activities undertaken by the national inspectorate in this area. This should include the number of labour inspections conducted, as well as the number and nature of violations detected.

The Committee encourages the Government to take into consideration the Committee’s comments on the discrepancies between national legislation and the Convention. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.