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

Minimum Age Convention, 1973 (No. 138) - Angola (Ratification: 2001)

Other comments on C138

Observation
  1. 2025
  2. 2016

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Article 2(1) of the Convention. Scope of application and labour inspection. The Committee notes the adoption in 2023 of the new General Labour Law No.12. It notes that: (1) by virtue of section 1 of the General Labour Law, the law applies only to workers with an employment contract with a public, private, mixed or cooperative company, a social or international organization or a diplomatic or consular representation; and (2) “employment contract” is defined as an agreement by which a natural person undertakes to place his manual or intellectual capacity at the disposal of a legal entity or legal person, within the scope of the organization and under its direction and authority, in exchange for remuneration (section 3). The Committee notes that, like the previous law, the new General Labour Law continues to apply only to work performed on the basis of a formal employment relationship between an employer and a worker and does not cover children who work in the informal economy or on their own account. In this regard, the Committee once again recalls that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or whether or not it is paid.
With regard to the training of labour inspectors, the Committee notes the Government’s indication, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that training was provided in six provinces to 176 trainees, including labour inspectors, technicians from the Juvenile Courts and civil society representatives. However, the Committee notes that no information is provided on the content of these trainings, nor on the results achieved. The Committee once again requests the Government to take the necessary measures to ensure that all children, including children working outside a formal employment relationship, such as children working on their own account or in the informal economy, benefit from the protection laid down by the Convention. In this regard, the Committee requests the Government to provide specific information on: (i) any review undertaken or envisaged of the relevant provisions of the General Labour Law in order to address these gaps; (ii) the measures taken to strengthen the capacity and expand the reach of the Labour Inspectorate to the informal economy with a view to ensuring that all children enjoy the protection afforded by the Convention; and (iii) extracts from inspection reports, as well as information on the number and nature of infringements detected involving children and young persons and on the penalties applied.
Article 2(3) and (4). Age of completion of compulsory schooling. The Committee notes that section 12(2) of the Basic Act on the Education System of 2016 provides that compulsory education covers introductory class, primary education and the first cycle of secondary education. It further notes that according to Law No. 32/30 of 12 August 2020 which amended the Basic Act on the Education System: (1) primary education starts at age 6 and comprises grades 1 to 6 (section 27); and (2) the first cycle of secondary education starts at age 12 and comprises grades 7 to 9. The Committee notes with satisfaction that the Basic Act on the Education System, as amended, provides for 10 years of compulsory education for children aged between 5 and 14 years of age.
The Committee is raising other matters in a request addressed directly to the Government.
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