Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la edad mínima, 1973 (núm. 138) - Seychelles (Ratificación : 2000)

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, types of hazardous work. The Committee notes from the Government’s report to the United Nations Committee on the Rights of the Child, the reiterated indication that the list of hazardous work prohibited to children under 18 years of age has been finalized and will be included in the Conditions of Employment Regulations following the adoption of the new Employment Act (CRC/C/SYC/7, 17 October 2022, paragraph 44). Recalling that it has been raising this issue since 2004, the Committee once again urges the Government to follow up on its reiterated commitment and to take all the necessary measures to ensure that the draft list of hazardous types of work prohibited to children under 18 years of age is adopted in the very near future.

Article 3(3). Hazardous work as from 16 years. With regard to its previous comments, the Committee notes the Government’s repeated response that the Employment Act, 1995, is under review and that it will ensure compliance with Article 3(3) of the Convention. The Committee therefore observes that section 22(4) of the Conditions of Employment Regulations, which provides that the competent officer may, exceptionally, grant special written permission for the employment of children aged 15 to 17 years in the circumstances listed in section 22(1) and (2), is still in force. Recalling that it has been raising this issue since 2004, the Committee notes with concern that no progress has been achieved to bring the legislation into conformity with the requirements of Article 3(3) of the Convention. With a view to bringing its legislation into compliance with Article 3(3) of the Convention, the Committee urges the Government to take the necessary measures to ensure the amendment of section 22(4) of the Conditions of Employment Regulations so as to: (i) set a minimum age of at least 16 years for exemptions to the general prohibition of children under 18 years of age to perform hazardous work; and (ii) ensure that, in all cases, children from the age of 16 performing hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, in addition to ensuring that their health, safety and morals are fully protected. It requests the Government to provide information on the progress achieved to this end.

Article 7(1) and (3). Minimum age for light work and determination of light work activities. The Committee notes the Government’s reiterated indication that the review of the Employment Act, 1995, will permit and regulate light work, in accordance with Article 7(3) of the Convention. The Committee recalls that it has been raising this issue since 2004, and it therefore, once again, expresses the firm hope that the new Employment Act will be adopted in the near future. It requests the Government to take all the necessary measures to ensure that the new Employment Act contains: (i) provisions permitting the employment of children between 13 and 15 years of age in light work; and (ii) provisions determining light work activities and prescribing the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee requests the Government to provide information on the progress achieved in this regard.

The Committee expresses the firm hope that the Government will take its comments into consideration during the ongoing revision of the Employment Act. It reminds the Government that it can avail itself of ILO technical assistance in this regard.

[ The Government is asked to reply in full to the present comments in 2025. ]