Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 138) sur l'âge minimum, 1973 - Grèce (Ratification: 1986)

Autre commentaire sur C138

Observation

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Demande directe

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Article 3(3) of the Convention. Authorization to carry out hazardous work from the age of 16 years. The Committee had previously noted that section 7(5) of Presidential Decree No. 62 of 1998 provides that, with the permission of the competent labour inspectorate and upon the employer’s application, derogations from the prohibition of employment in work that are liable to prejudice the health, safety or development of young persons may be granted where such work is necessary for their vocational training. It also noted that, under the terms of section 2(c) of Presidential Decree No. 62 of 1998, the term “adolescent” means any young person of at least 15 years but less than 18 years of age who has ceased compulsory education. The Committee further noted the Government’s indication that the employment of adolescents in dangerous work, as provided for by section 7(5) of Presidential Decree No. 62/1998, may only be permitted under certain conditions, such as the performance of these tasks under the supervision of the safety technician and/or labour physician or the protection and prevention services capable of ensuring the protection of these adolescents’ health and safety. The Committee therefore urged the Government to take the necessary measures to bring its national legislation into conformity with Article 3(3) of the Convention by providing that no person under 16 years of age may be authorized to perform hazardous work under any circumstances.

The Committee notes with regret the Government’s indication that no changes at the legislative or administrative level have been taken in this regard. The Committee once again reminds the Government that, according to Article 3(3) of the Convention, national laws or regulations or the competent authority may authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. In this regard, the Committee must emphasize that the necessary measures should be taken to ensure that young persons below 16 years of age engaged in apprenticeship do not undertake hazardous work and that measures should be taken to raise the minimum age for admission to hazardous work to 16 years, even if the required protective conditions are adequately provided (see General Survey on the fundamental Conventions, 2012, paragraphs 380 and 385). The Committee therefore once again urges the Government to take the necessary measures to ensure that the minimum age for the exemptions from the prohibition on the employment of young persons in hazardous work as laid down in section 7(5) of Presidential Decree No. 62/1998 be raised to at least 16 years so as to be in compliance with Article 3(3) of the Convention. It requests the Government to provide information on any progress made in this regard.

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