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

Minimum Age Convention, 1973 (No. 138) - Saint Kitts and Nevis (Ratification: 2005)

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that the National Advisory Committee for the Elimination of Hazardous Child Labour, which would determine the types of work deemed to be hazardous for young persons under the age of 18 years, would be established under the draft Labour Code and become operational following its entry into force.

The Committee notes the Government’s information in its report that the inclusion to the draft Labour Code of the establishment of the National Advisory Committee for the Elimination of Hazardous Child Labour has been tabled, and that the process of amending the draft Labour Code is ongoing. Observing that the Government has been referring to the enactment of the draft Labour Code since 2011, the Committee urges the Government to take the necessary measures to ensurethat the draft Labour Code, which should establish the National Advisory Committee for the Elimination of Hazardous Child Labour that shall determine the types of hazardous work prohibited to children under the age of 18 years, is adopted without delay. It requests the Government to provide information on the progress made in this regard.

Article 3(3). Admission to hazardous work as from 16 years. The Committee previously requested the Government to take the necessary measures to ensure that the authorization of the performance of hazardous types of work for persons between the ages of 16 and 18 years is subject to the strict conditions of protection and prior training established under Article 3(3) of the Convention.

The Committee notes once again the Government’s information that the provisions restricting the admission of persons between 16 and 18 years to hazardous work shall be included in the draft Labour Code. The Committee requests the Government to ensure that the draft Labour Code will be adopted in the near future and that it will provide for all the appropriate provisions ensuring the safety and training of young persons from the age of 16 engaged in hazardous work, as required by Article 3(3) of the Convention.

Article 7(1). Light work from the age of 13 years. The Committee previously noted that the consolidated Employment of Women, Young Persons and Children Act, Chapter 18.10 as amended by Act No. 20 of 2002, permits children under the age of 12 to be employed by their parents in light agricultural or horticultural work on land belonging to their parents, as well as children between the ages of 12 and 16 years to work in non-hazardous daytime work outside of school hours, specifying a maximum of two hours of work on school days and Sundays (section 7)). It noted the Government’s indication that the National Tripartite Committee would review the legislation, in consultation with the Ministry of Social Development, to ensure that its provisions are in conformity with Article 7(1) of the Convention and that children below the age of 13 are not authorized to undertake light work activities.

The Committee notes the Government’s indication that the necessary amendments shall be made during the ongoing process of amending the draft Labour Code. Considering that the Committee has been raising this issue for a number of years, it urges the Government to take the necessary measures to bring the Employment of Women, Young Persons and Children Act, Chapter 18.10 into conformity with Article 7(1) of the Convention by permitting employment in light work only by young persons who have reached the age of 13 years.

Article 9(3). Keeping of registers. The Committee previously noted that section 12(1) of the Employment of Women, Young Persons and Children Act requires every employer in an industrial undertaking and every shipmaster to keep a register of all persons employed under the age of 16 years, which is the minimum age for admission to employment in Saint Kitts and Nevis, and that this provision is retained in the draft Labour Code. The Committee notes the Government’s indication that it acknowledges the need for employers to keep registers of all persons employed under the age of 18 years, to be in conformity with Article 9(3) of the Convention. The Governments indicates that this recommendation shall be tabled in the amendments in the ongoing process of amending the draft Labour Code. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the draft Labour Code contains provisions requiring employers in all sectors of the economy to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention. It requests the Government to provide information on the progress made in this regard.

The Committee once again reminds the Government that it may avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.

The Committee is raising other matters in a request addressed directly to the Government.