Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Minimum Age Convention, 1973 (No. 138) - Spain (Ratification: 1977)

The Committee notes the promulgation of Act No.8/1988 of 7 April on offences against social order and penalties therefor, which classifies a breach of the provisions concerning the work of minors laid down in section 6 of the Workers' Charter as a very serious offence. Under section 37, paragraph 4, of the Act in question, the perpetrators of very serious offences are liable to a fine of 200,000 to 15 million pesetas.

Article 2 of the Convention. With reference to the previous comments, the Government states in its report that limits on access to work on grounds of age are imposed in particular by section 7.1.(b) of the General Social Security Act, under which own-account or self-employed workers over 18 years of age, whether they own individual or family undertakings or not, are included in the social security system, and that consequently the age of access to own-account employment or self-employment is 18 years. Furthermore, under the provisions of section 4.1 of the Trade Code, legal capacity to engage habitually in trade is determined by civil majority, which is fixed at 18 years. The Government also points out that in its opinion the most effective way to combat the employment of minors is to make schooling compulsory up to the minimum age for admission to employment. In this connection the Government refers to Organisation Act 1/1990 of 3 October 1990 on the general organisation of the education system, which fixes the duration of compulsory schooling at 10 years; the children start school at age 6 years and complete their studies at age 16 years.

The Committee takes due note of this information and in particular of the provisions of the Trade Code which make trader status subject to the attainment of legal majority at 18 years of age. It considers, however, that the social security provisions cited by the Government in its report are not intended to limit access to any employment or work, including that done on own account, for persons under 16 years of age as the Convention requires, but provide that, beyond an age-limit fixed at 18 years, all own-account or self-employed workers must be covered by social security.

The Committee asks the Government to indicate the measures taken or contemplated to ensure that no one under the specified minimum age is admitted to employment or work in any occupation.