Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s first report. It requests the Government to provide further information on the following points.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee notes that, at the time of ratifying the Convention, Grenada declared 16 years as the minimum age for admission to employment or work within its territory and on means of transport registered in its territory. It notes the Government’s information that subsection (1) of section 32 of the Employment Act No. 14 of 1999 states that no person under the age of 16 years shall be employed or allowed to work in any public or private agricultural, industrial or non-industrial undertaking or any branch thereof, save and except for holiday job employment. Furthermore, subsection (2) states that no person under the age of 16 years shall be employed or allowed to work on vessels. The Committee notes that, according to the Factories Act of 1973, “young person” means a person who has attained 14 years but has not attained the age of 18 years. It notes that section 43 of this Act stipulates that no woman or young person shall be employed in a factory other than in accordance with subsidiary legislation made by the Minister under sections 34 and 35. The Committee requests the Government to indicate if the Minister, pursuant to sections 34 and 35 of the Factories Act, issued subsidiary legislation which allows children under 16 years of age to work. If so, it requests the Government to take the necessary steps to bring such subsidiary legislation into line with the Convention in order to ensure that no child under 16 years is admitted to perform any kind of work other than light work.

Article 2. paragraph 3. Compulsory education. The Committee notes the information contained in the Government’s initial report to the Committee on the Rights of the Child dated 24 September 1997 (CRC/C/3/Add.55, paragraph 31) that under the Education (Compulsory at Primary Schools) Act, Chapter 85, the compulsory school age in Grenada is from 6 to 14 years. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention, is fulfilled since the minimum age for employment (16 years for Grenada) is not less than the age of completion of compulsory schooling. The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. In this regard, the Committee hopes that the Government will indicate any new developments on this point.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work. The Committee notes that the relevant legislation does not seem to contain any provisions prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee reminds the Government that, by virtue of Article 3, paragraph 1, of the Convention, the minimum age for hazardous work shall not be less than 18 years. It also reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of hazardous work to which paragraph 1 of this Article applies, shall be determined by national laws or by the competent authority, after consultations with the organizations of employers and workers concerned. The Committee requests the Government to take the necessary measures to prohibit in national legislation persons under 18 years of age from performing any type of employment or work which by its nature or the circumstances in which its is carried out is likely to jeopardize their health, safety or morals. The Committee also requests the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work to be prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention. Finally, it asks the Government to provide information on the consultations held with the organizations of employers and workers concerned on this subject.

Article 6. Vocational training and apprenticeship. The Committee notes that subsection (3) of section 32 of the Employment Act states that the provisions of this section do not apply to the following: (a) work done by children in technical schools, work done by children on job training or work experience exercises provided that such work is approved and supervised by the public authority; (b) work done by children on school ships or training ships, provided that such work is approved and supervised by the public authority. The Committee notes that the Employment Act does not fix the minimum age for apprenticeship. In this regard, the Committee reminds the Government that Article 6 of the Convention fixes a minimum age of 14 years for work done in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee asks the Government to provide information on the minimum age for apprenticeship, including in the maritime sector, and on the conditions governing work done by apprentices. If no age is fixed in the relevant legislation for apprenticeship, the Committee requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking.

Article 7. Light work. The Committee notes that subsection (1) of section 32 of the Employment Act states that “holiday job employment” is excluded from the general prohibition of child labour for persons under 16 years. However, it notes that no minimum age nor hours and conditions of work are fixed in the Employment Act for the “holiday job employment” of persons under 16 years. The Committee reminds the Government that, upon ratifying the Convention, it declared 16 years to be the minimum age for admission to employment and that, by virtue of Article 2, paragraph 1, of the Convention, children under 16 years are not allowed to work other than in light work, under the conditions provided for by Article 7 of the Convention. Therefore, “holiday job employment” may only be performed as light work in conformity with the conditions provided for by Article 7 of the Convention. In this regard, the Committee recalls that, under the terms of Article 7, paragraph 1, of the Convention, national laws and regulations may permit the employment of children from the age of 13 years to engage in light work. It also recalls that, apart from the activities for which light work may be authorized, Article 7, paragraph 3, of the Convention provides that the competent authority shall prescribe the number of hours during which and the conditions in which such employment may be undertaken. The Committee requests the Government to take the necessary measures to ensure that the “holiday job employment” of persons under 16 years is only performed under the conditions provided for by Article 7 of the Convention.

Article 9, paragraph 1. Penalties The Committee notes the Government’s information that section 35 of the Employment Act establishes that any person who contravenes section 32 of this Act (prohibition of child labour) commits an offence and shall be liable on summary conviction to a fine not exceeding $10,000 or to a term of imprisonment not exceeding three years or to both such fine and imprisonment. It takes due note of this information.

Article 9, paragraph 3. Keeping of registers. The Committee notes that section 33 of the Employment Act requires that every employer shall keep a register of all persons under the age of 18 years employed by him and of the dates of their births. It takes due note of this information.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied and any practical difficulties encountered in the application of the Convention, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.