Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Minimum Age Convention, 1973 (No. 138) - Chile (Ratification: 1999)

Article 1 of the Convention. National policy for the effective abolition of child labour. The Committee notes the information provided by the Government in its report on the activities undertaken for the implementation of the National Strategy for the Elimination of Child Labour and the Protection of Young Workers (2015–25), including: (1) trainings for various State officials, including the police, to strengthen their capacity for the detection and referral of cases of child labour; (2) preparation of guides in support of interventions by inspectors in the Labour Department; (3) awareness-raising activities targeting young persons, educational communities, family members and school authorities, with a view to disseminating information on labour rights and child labour; and (4) joint inspections by the Labour Department and the police in cases of denunciations of child labour.

The Committee also notes with interest that, according to the Government’s indications, Act No. 21.430 has been adopted on guarantees and comprehensive protection of the rights of children and young persons, which: (1) provides in section 37 for the right of all children to be protected from child labour; (2) indicates that the State shall take measures to prevent and combat the violation of rights; and (3) requires the State to implement a System of Guarantees and Protection of Rights, coordinated with the respective institutions. The Committee requests the Government to continue providing information on the measures adopted for the implementation of the National Strategy for the Elimination of Child Labour and the Protection of Young Workers (2015–25), including the provision of detailed information on the impact of these measures on the effective elimination of child labour. The Committee also requests the Government to: (i) provide information on the establishment and operation of the System of Guarantees and Protection of Rights, and indicate the manner in which the protection of children is ensured against child labour, as set out in Act No. 21.430; and (ii) indicate whether the adoption of a new national strategy is envisaged.

Article 2(1). Minimum age for admission to employment or work. The Committee notes that, according to the Government, section 14 of the Labour Code regulates protected work by young persons and provides that: (1) young persons of working age may carry out work that is not considered to be hazardous and does not prejudice their regular attendance in classes nor their participation in vocational guidance and training programmes; and (2) working hours may not exceed 30 a week, distributed as a maximum of 6 hours a day during the school year and up to 8 hours a day during holiday periods or interruptions of the school year. The Committee further notes that section 13(b) of the Labour Code defines “young persons of working age” as “any young person who has reached the age of 15 and is under 18 years of age”. As a result, it notes that sections 13 and 14, read in together, establish the minimum age for admission to employment or work at 15 years, in conformity with the declaration communicated to the Director-General following the ratification of the Convention.

Article 7(1) and (3). Minimum age for admission to light work and the determination of light work. The Committee notes that, according to the data in the Survey on the Activities of Boys, Girls and Young Persons (EANNA) 2023, published on 12 December 2024, 9.2 per cent of children aged between five and eight years and 20.1 per cent of children between the ages of 9 and 14 years are engaged in some type of child labour.

The Committee further notes that the national legislation does not regulate light work for children between the ages of 13 and 15 years. In this regard, the Committee draws the Government’s attention to the fact that Article 7(1) of the Convention is a flexibility clause which provides that national laws or regulations may permit the employment or work of persons 13 to 15 years of age on light work which 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 approved by the competent authority, or their capacity to benefit from the instruction received. Taking into account the high number of children under 15 years of age who are engaged in child labour in the country, the Committee requests the Government to regulate light work for children of 13 to 15 years of age in order to provide better protection for children who are engaged in work despite not having reached the minimum age to do so. The Committee also requests the Government to take the necessary measures to determine the types of light work that may be undertaken by children between the ages of 13 and 15 years, and to prescribe the number of hours during which and the conditions in which such work may be undertaken, in accordance with Article 7(3) of the Convention.

Article 8. Artistic performances. In its previous comments, the Committee noted that section 16 of the Labour Code permits the participation of boys, girls and young persons under the age of 15 years in theatrical, cinema, radio, television and circus performances and other similar activities, provided that such participation is subject to the authorization of the Family Court and in compliance with the requirements set out in section 14 for protected work by young persons. In light of the absence of specific information on this subject, the Committee reiterates its request to the Government to provide information on the number of boys, girls and young persons whose participation in artistic performances has been authorized by the competent authority under the terms of section 16 of the Labour Code.