Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Convention (n° 138) sur l'âge minimum, 1973 - Espagne (Ratification: 1977)

The Committee takes note of the observations made by the Trade Union Confederation of Workers' Committees (Confederación sindical de comisiones obreras - CC.OO.) concerning the application of Article 3(2) of the Convention. It would be grateful if the Government would make its own comments on these observations. It also recalls its previous direct request which read, in part, as follows:

Article 2 of the Convention. With reference to the previous comments, the Government stated in its report that limits on access to work on grounds of age are imposed in particular by section 7.1(b) of the General Social Security Act, under which own-account or self-employed workers over 18 years of age, whether they own individual or family undertakings or not, are included in the social security system, and that consequently the age of access to own-account employment or self-employment is 18 years. Furthermore, under the provisions of section 4.1 of the Trade Code, legal capacity to engage habitually in trade is determined by civil majority, which is fixed at 18 years. The Government pointed out that in its opinion the most effective way to combat the employment of minors is to make schooling compulsory up to the minimum age for admission to employment. In this connection the Government referred to Organization Act 1/1990 of 3 October 1990 on the general organization of the education system, which fixes the duration of compulsory schooling at 10 years; the children start school at age 6 years and complete their studies at age 16 years.

The Committee has taken due note of this information and in particular of the provisions of the Trade Code which make trader status subject to the attainment of legal majority at 18 years of age. It considered, however, that the social security provisions cited by the Government in its report are not intended to limit access to any employment or work, including that done on own account, for persons under 16 years of age as the Convention requires, but provide that, beyond an age limit fixed at 18 years, all own-account or self-employed workers must be covered by social security.

The Committee asks the Government to indicate the measures taken or contemplated to ensure that no one under the specified minimum age is admitted to employment or work in any occupation.