Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 2 of the Convention. Scope of application. In its previous comments, the Committee emphasized that the provisions of the national legislation governing the minimum age of admission to employment for children were not sufficient to guarantee the protection afforded by the Convention to children working on their own account. In this regard, the Government had indicated that, although it considered that the national legislation enables effective controls of work done by young people, it envisaged regulating the work of self-employed persons.

The Committee notes with satisfaction that, pursuant to section 9, paragraph 1 of the Statute 20/2007 of 11 July on self-employed workers, children under 16 years may not work on a self-employed basis or be engaged in professional activity, even within their own families. The Committee also notes that section 8 of the Statute on self-employed workers addresses the issue of the prevention of professional risks. The first paragraph of section 8 provides that public administrations will undertake an active role in the prevention of professional risks of self-employed workers through activities promoting prevention, technical advice, and the monitoring and control of the application of the legislative provisions on the prevention of professional risks by self-employed workers. According to section 8, paragraph 2, of the Statute on self-employed workers, the said administrations must promote training on risk prevention which is specific and adapted to independent work.