Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 138) sur l'âge minimum, 1973 - Maurice (Ratification: 1990)

Article 3, paragraph 3, of the Convention. Authorization to undertake hazardous work as from 16 years. The Committee had previously noted that, according to sections 2 and 28 of the Occupational Safety, Health and Welfare Act No. 34 of 1988, no young person (aged 15–18 years) shall work at any machine specified in the third schedule, unless he/she has been fully instructed as to the dangers arising in connection with the machine and the protection to be observed, and (a) has received sufficient training in work at the machine or (b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine. The Committee had urged the Government to take the necessary measures to raise to 16 years the minimum age from which young persons may be authorized to work on hazardous machines on condition that their health and safety are fully protected and that they have received adequate training in the relevant branch of activity. It had subsequently noted the Government’s information that the provisions regarding the minimum age for admission to hazardous work were included in section 8 of the draft Occupational Safety and Health Bill of 2005. Noting that section 2 of this Bill defines a “young person” as a person between 16 and 18 years, the Committee had expressed the hope that this Bill would soon be adopted.

The Committee notes with satisfaction the Government’s information that Occupational Safety and Health Act No. 28 of 2005 was adopted and came into force on September 2007.

Article 9, paragraph 1, and Part III of the report form. Penalties. The Committee had previously observed that in the two cases of violations of child labour detected by the labour inspectorate during the period from June 2005 to May 2007, the employers who employed the children in breach of the provisions giving effect to the Convention were not prosecuted or punished. Accordingly, the Committee had requested the Government to take the necessary measures to ensure that a person found to be in breach of the provisions giving effect to the Convention is prosecuted and adequate penalties are imposed. The Committee notes with interest the Government’s information that the Labour and Industrial Relations Officers undertake systematic inspections at all places of work, including formal and informal sectors of employment, and whenever any case of child labour is detected, such employment is stopped and criminal action is taken against the offenders. It further notes the Government’s statement that among the four cases of child employment involving four children detected during the period from June 2007 to May 2009, criminal action was taken in two cases and a fine of 2,400 rupees (INR) each were imposed on the employers. The Committee finally notes that the penalty for employing children has been increased from INR2,000 (according to the Labour Act 1975) to INR10,000 according to the newly adopted Employment Rights Act 2008.

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