Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 138) sur l'âge minimum, 1973 - Venezuela (République bolivarienne du) (Ratification: 1987)

The Committee notes the Government’s reports and requests it to provide information on the following points.

Article 2, paragraphs 4 and 5, of the Convention. Specification of a minimum age of 14 years. The Committee notes the Government’s indication in its report that the reasons given for specifying the minimum age of 14 years for admission to employment or work subsist. It requests the Government to continue providing information on this subject.

Article 3, paragraph 1. Age of admission to types of hazardous work. In its previous comments, the Committee noted that, under the terms of section 96 of the Act on the protection of children and young persons of 1998, the national executive authorities may, by decree, determine minimum ages that are higher than 14 years for types of work which are hazardous or harmful to the health of young persons. It also noted that section 96(1) of the Act on the protection of children and young persons of 1998 prohibits the employment of young persons aged between 14 and 18 years in the types of work referred to by the Act, and that section 189 of Decree No. 1563 of 1973 determines a number of activities that are prohibited for young persons under 18 years of age in establishments in which the work performed may be hazardous for their lives or health. However, the Committee notes that, according to the information provided by the Government in its report, Decree No. 1563 of 1973 has been repealed. It reminds the Government that, in accordance with Article 3, paragraph 1, of the Convention, the minimum age for admission to types of hazardous work, that is any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. The Committee requests the Government to take the necessary measures to ensure that no person under 18 years of age, except in accordance with the exceptions permitted by the Convention, is authorized to perform hazardous types of work, in accordance with the requirements in Article 3, paragraph 1, of the Convention.

Paragraph 2. Determination of types of hazardous work. In its previous comments, the Committee noted that section 189 of Decree No. 1563 of 1973 specifies a number of activities that are prohibited for young persons under 18 years of age in establishments in which the work performed may be hazardous for their lives or health. It requested the Government to indicate whether Title IV of Decree No. 1563 of 1973 was still in force. In view of the fact that Decree No. 1563 of 1973 has been repealed, the Committee reminds the Government that in accordance with Article 3, paragraph 2, of the Convention, the types of hazardous work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. It therefore requests the Government to indicate whether section 189 of Decree No. 1563 has been replaced by new legislative provisions containing a list of the types of hazardous work prohibited for young persons under 18 years of age, as required by Article 3, paragraph 2, of the Convention.

Paragraph 3. Authorization to work as from the age of 16 years. In its previous comments, the Committee noted that, under the terms of section 96 of the Act on the protection of children and young persons of 1998, the national executive authorities could determine by decree minimum ages higher than 14 years for types of work that are hazardous or harmful to the health of such young persons. The Committee notes the information provided by the Government in its report to the effect that the national executive authorities have not adopted a decree determining minimum ages higher than 14 years for hazardous or harmful types of work. It also notes the Government’s indication that the National Institute of Occupational Prevention, Safety and Health (INPSASEL) is examining the question of whether it is necessary to adopt such a measure. In this respect, the Committee reminds the Government that, in accordance with Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authorities may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years in hazardous work on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on the findings of the study carried out by INPSASEL. It trusts that the measures adopted as a result of the study carried out by INPSASEL will be in accordance with the requirements of Article 3, paragraph 3, of the Convention. The Committee requests the Government to keep it informed of the measures adopted in this respect.

Article 7, paragraph 1. Age of admission to light work. In its previous comments, the Committee noted that, under the terms of section 96(3) of the Act on the protection of children and young persons of 1998, the Council for the Protection of Children and Young Persons may authorize, in specific and well-justified circumstances, work by young persons who have not yet reached the minimum age, where the work to be performed is not prejudicial to their right to education, is not hazardous or harmful to their health and development and is not prohibited by law. It duly notes the information provided by the Government in its report to the effect that the Council for the Protection of Children and Young Persons only authorizes work by girls and boys under section 96(3) of the Act on the protection of children and young persons between the ages of 12 and 14 years, and in accordance with the following conditions: (a) that it is light work, which implies that the work must not be prejudicial to the health and is not hazardous and/or a threat to the overall development of girls and boys; (b) the work is not prejudicial to the right to education; and (c) the work is not prohibited by law.

Paragraph 3. Conditions of employment in light work. In its previous comments, the Committee requested the Government to indicate the conditions of employment specified for light work. Noting that the Government has not provided any information on this subject, the Committee recalls that, in accordance with Article 7, paragraph 3, of the Convention, the competent authorities shall prescribe the number of hours during which and the conditions under which light employment or work may be undertaken. It therefore requests the Government to provide information on the conditions of employment specified for light work.

Part V of the report form. Further to its previous comments, the Committee notes the information provided by the Government that, following the entry into force of the Act on the protection of children and young persons of 1998 and in accordance with article 78 of the Constitution of Venezuela, a new national system for the protection of girls, boys and young persons is being established. This new system will provide that authorizations for work by young persons will require the agreement of the paternal authority and that employers will be required to keep a register of young workers. The Committee also notes the Government’s indication that, since the entry into force of various legal texts in 2000, efforts have been made and public policies on the protection of children and young persons have resulted in the establishment of councils for the protection of children and young persons and other local entities. The Government adds that the councils for the protection of children and young persons are commencing the collection and harmonization of information and statistics. The Committee requests the Government to indicate the results achieved by the councils for the protection of children and young persons once the collection and harmonization of the information and statistics are completed. It also requests the Government to provide information on the application of the Convention in practice, including, for example, extracts of the reports of the inspection services and indications on the number and nature of the violations reported.