Minimum Age Convention, 1973 (No. 138) - Greece (RATIFICATION: 1986)

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Article 1 of the Convention. National policy. The Committee takes note of the observation of the Greek General Confederation of Labour (GSEE) that the Government adopted the National Action Plan (NAP) on the Rights of the Child 2021-2023 in June 2021, but that the NAP does not refer to the issue of child labour, and that the GSEE was not officially invited to participate in its drafting and preparation. The Committee recalls that Paragraphs 1 and 2 of the Minimum Age Recommendation, 1973 (No. 146), recommend that, to ensure the success of the national policy required under Article 1 of the Convention, special attention should be given to such areas of planning as national commitment to full employment, poverty alleviation, social security measures aimed at ensuring child maintenance, and adequate facilities for education and vocational training, as well as child protection and welfare. In this regard, the Committee requests the Government to indicate whether such objectives are aimed for under the NAP on the Rights of the Child 2021-23 and, accordingly, to provide information on the impact of the NAP on the elimination of child labour in the country. Moreover, it strongly encourages the Government to consult with the representative organizations of workers and employers in developing, adopting and implementing all national policies that may have an impact on the elimination of child labour.

Application of the Convention in practice. Following its previous comments, the Committee takes note of the Government’s detailed information regarding the monitoring and enforcement of the provisions giving effect to the Convention. This includes the adoption of Ministerial Decision No. 80016 of 1 September 2022, which classifies the employment of minors as a very serious offence and provides for severe fines, the number of working booklets for minors approved by the Regional Industrial Relations Labour Inspection Units between 2018 and 2021 (a total of 35,212), as well as the number of lawsuits (1) and fines for the illegal employment of minors (69). The Committee requests the Government to continue providing information on the manner in which the Convention is applied, 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 and penalties applied involving children and young persons.

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The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 30 August 2022. The Committee requests the Government to reply to these observations.

Article 3(3) of the Convention. Authorization to carry out hazardous work from the age of 16 years. The Committee takes note of the Government’s information, in its report, regarding the adoption of the new Law No. 4763/2020 on the national system of vocational education, training and lifelong learning. It notes the Government’s statement that section 7(5) of Decree No. 62/1988 – permitting the employment of young persons from the age of 15 in work that is liable to prejudice their health, safety or development where such work is necessary for their vocational training – is the only exception to the general prohibition of the engagement of minors under 18 years in hazardous work.

The Committee notes the GSEE’s observation that the Government has not taken the necessary measures to amend section 7(5) by raising the age of admission to hazardous work in vocational training to 16 years of age.

In this regard, the Committee must once again underline that, according to Article 3(3) of the Convention, national laws or regulations or the competent authority may only authorize employment in hazardous work as from the age of 16 years, regardless of whether or not this employment takes place in the framework of vocational training or apprenticeships, 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 training in the relevant branch of activity. Considering that it has been raising this issue for more than 20 years,the Committee urges the Government to take the necessary measures, without delay, 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, will 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.

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The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 1 September 2016 and 2017.

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 on the condition that these works are carried out under the supervision of a safety technician and/or labour technician thereby ensuring their safety. 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 had 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 the Government’s indication in its report that procedures will be initiated to bring about a possible amendment to the legislation, 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 2012 General Survey on the fundamental Conventions, paragraphs 380 and 385). The Committee therefore expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that the amendments with regard to 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 will 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.

Application of the Convention in practice and conditions of work of young persons. Following its previous comments, the Committee notes the Government’s information that in 2017, 7,647 working booklets for minors were approved by the Regional Departments of Labour Relations Inspectorates. It also notes that fines were imposed on 12 employers for the illegal employment of minors. Moreover, the Government indicates that 1,332 young persons aged between 15 and 17 years were employed in 2017, including 446 young persons employed in agriculture, forestry and fisheries; 79 young persons in manufacturing, energy and constructions; 181 young persons employed in wholesale and retail trade; and 627 young persons employed in services.

The Committee notes the GSEE’s observation that young persons in employment are subject to unequal treatment in terms of payment and conditions of work. The Committee requests the Government to take the necessary measures to ensure that the conditions of employment for young persons under the age of 18, particularly as regards minimum wage, are maintained at a satisfactory standard. The Committee further requests the Government to continue to provide information on the manner in which the Convention is applied, 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 and penalties applied involving children and young persons.

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Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that 562 young persons (between the ages of 15 and 18) were permitted to work in 2012 pursuant to Act No. 3850/2010 on the ratification of the code of laws on workers’ health and safety, and 1,048 such young persons in 2013. It also notes that fines were imposed on 16 employers in 2012 and 2013 for the illegal employment of minors. With regard to the statistics on the employment of children and young persons, the Committee notes the Government’s indication that in 2014 a total of 2,608 young persons were employed, including 991 young persons employed in agriculture, forestry and fisheries; 658 young persons employed in wholesale and retail trade, and repair of motor vehicles; and 636 young persons employed in accommodation and services. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied, 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 and penalties applied involving children and young persons.

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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.

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The Committee notes the Government’s report and its communication of 16 May 2011, as well as the communication of the Greek General Confederation of Labour (GSEE) dated 28 July 2011.

Article 3(3) of the Convention. Authorization to carry out hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 7(5) of Presidential Decree No. 62/1998 provides that certain exceptions regarding the authorization to carry out hazardous work of “adolescents” may be made. The Committee noted that section 2(c) of Presidential Decree No. 62/1998 seems to define an “adolescent” as a young person of at least 15 years of age who has ceased to attend compulsory school in accordance with the relevant provisions. The Committee reminded 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.

The Committee notes 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 in order to ensure the protection of these adolescents’ health and safety. However, the Committee notes once again with concern that Presidential Decree No. 62/1998 continues to permit the performance of hazardous work by persons as of the age of 15 years, pursuant to sections 2(c) and 7(5). The Committee therefore once again strongly urges 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 circumstance. In this regard, it once again urges the Government to take measures to ensure that section 2(c) of Presidential Decree No. 62/1998 is amended to define a “young person” as a person of at least 16 years of age.

Article 6. Apprenticeship and conditions of employment. The Committee previously noted that the Greek Parliament adopted, on 5 May 2010, Act No. 3845/2010 (FEK A’65/6-5-2010) on “Measures to implement a mechanism to support the Greek economy by the Member States of the Euro area and the International Monetary Fund”. The Committee also noted the adoption of Act No. 3863/2010 on the “New social security system and relevant provisions” (FEK A’115) which is aimed at implementing the time-bound commitments made in the two memoranda with regard to structural policies on strengthening labour markets. The Committee noted the statement in the previous communication of the GSEE that Act No. 3845/2010 includes provisions that directly exclude (or serve as a legal authorization for the introduction of further exclusions) groups of workers, including young workers, from the scope of the National General Collective Labour Agreement, and from the generally binding provisions on minimum wages and conditions of work. The GSEE further alleged that, pursuant to Act No. 3863/2010, minor workers of 15 to 18 years of age will be employed under contracts of “apprenticeship” with extended probationary periods and will receive 70 per cent of the minimum wage established in the national collective agreement. According to the GSEE, these young workers will be excluded from the protective provisions of labour legislation on permissible working hours, the start and end of the working day taking into account course schedules, obligatory periods of rest, obligatory paid annual leave, time off for attending school, studying and sick leave (pursuant to section 74(8) and (9) of Act No. 3863/2010). The GSEE stated that the deregulation of the existing minimum protective legislative framework, in addition to the absence of adequate guarantees and deficient inspection mechanisms, will have multiple harmful side effects for young workers. In this regard, the Committee drew the Government’s attention to Part IV, Paragraphs 12 and 13 of the Minimum Age Recommendation, 1973 (No. 146). Paragraph 12 states that measures should be taken to ensure that the conditions in which children and young persons under the age of 18 years are employed or work reach and are maintained at a satisfactory standard. Paragraph 13 states that in connection with Paragraph 12 “special attention should be given to: (a) the provision of fair remuneration and its protection, bearing in mind the principle of equal pay for equal work …; and (e) coverage by social security schemes, including employment injury, medical care and sickness benefit schemes, whatever the conditions of employment or work may be”. The Committee requested the Government to provide information in its next report on measures taken or envisaged to ensure that the conditions of work for young persons under the age of 18 are maintained at a satisfactory standard and that adequate safeguards are adopted to protect them from hazardous work, taking into account Greece’s ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182).

The Committee notes the Government’s information, in its communication of 16 May 2011, concerning the conditions of apprenticeship contracts. According to section 74(9) of Act No. 3863/2010, employers are given an incentive to conclude special apprenticeship contracts of up to one year’s duration with young persons aged between 15 and 18 years, in order for them to acquire skills and professional experience and ease their entry into the labour market. Apprenticeships are paid at a rate of 70 per cent of the minimum wage provided for by the National General Collective Labour Agreement. The period of apprenticeship for persons aged over 16 years cannot exceed eight hours per day and 40 hours per week, while those who are under 16 years of age cannot work for more than six hours per day and 30 hours per week. Moreover, the apprenticeship cannot take place between 10 p.m. and 6 a.m.

The Committee notes the Government’s information in its report that, in accordance with Cabinet Decree No. 6 of 28 February 2012 on the “Regulation of issues concerning the application of article 1(6) of Act No. 4046/2012”, the statutory minimum wages and salaries for young persons aged below 25 years have been reduced by 32 per cent, and section 74(9) of Act No. 3863/2010 has been amended only with regard to the remuneration of apprentices, which now amounts to 68 per cent of the minimum wage and salary thresholds, but retains all other requirements and conditions of employment.

The Committee notes the allegation of the GSEE according to which new provisions allow the employment of young workers of 18 to 25 years of age under apprenticeship contracts of prolonged duration – 24 months – while excluding young workers from the scope of minimum wage standards.

However, the Committee once again recalls that Paragraph 12 of the Minimum Age Recommendation, 1973 (No. 146), provides that measures should be taken to ensure that the conditions in which children and young persons under the age of 18 years are employed or work reach and are maintained at a satisfactory standard. Moreover, the Committee recalls that, by virtue of Article 6 of the Convention, apprenticeships may be permitted for persons of at least 14 years of age 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. In this regard, the Committee observes that children under 18 years of age performing apprenticeships may not do so at night and may not perform overtime. Moreover, the Committee observes that children appear to always be under the supervision of the professionals who train them. The Committee therefore observes that there appear to be adequate safeguards to protect apprentices under the age of 18 years from hazardous work.

With regard to the issue of the provision of fair remuneration and its protection, the Committee refers to its comments made under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part V of the report form. Application of the Convention in practice. Labour inspection. Following its previous comments, the Committee notes the Government’s information that in 2010 the labour inspectorate recorded three complaints of illegal employment of under-age persons and imposed four fines, while in 2011 it recorded two complaints of illegal employment of under-age persons and imposed 21 fines. The Government further indicates that 1,462 young persons (between the ages of 15–18) were permitted to work in 2009, pursuant to Act No. 3850/2010 on the ratification of the code of laws on workers’ health and safety, and 874 such young persons in 2011. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied, 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 and penalties applied involving children and young persons.

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The Committee notes the Government’s report and the communication of the Greek General Confederation of Labour (GSEE) dated 29 July 2010.

Article 3(3) of the Convention. Authorization to carry out hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 7(5) of Presidential Decree No. 62/1998 provides that certain exceptions regarding the authorization to carry out hazardous work of “adolescents” may be made. The Committee noted that section 2(c) of Presidential Decree No. 62/1998 seems to define an “adolescent” as a young person of at least 15 years of age who has ceased to attend compulsory school in accordance with the relevant provisions. The Committee reminded 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.

The Committee notes with concern the Government’s statement that no new legislative, administrative or other measures were taken to ensure the application of the Convention, and observes that Presidential Decree No. 62/1998 continues to permit the performance of hazardous work by persons as of the age of 15 under certain conditions, pursuant to sections 2(c) and 7(5). The Committee therefore strongly urges the Government to take the necessary measures to bring its national legislation into conformity with Article 3(3) of the Convention by providing in legislation that no person under 16 years of age may be authorized to perform hazardous work under any circumstance. In this regard, it urges the Government to take measures to ensure that section 2(c) of Presidential Decree No. 62/1998 is amended to define a “young person” as a person of at least 16 years of age.

Part V of the report form. Application of the Convention in practice. 1. Labour inspection. Following its previous comments, the Committee notes the Government’s statement that, in 2008, the labour inspectorate recorded 15 complaints of illegal employment of under-aged persons, and 31 fines were imposed. The Government indicates that, in 2009, 17 fines were imposed for the illegal employment of under-aged persons. The Government further indicates that 2,775 young persons (between the ages of 15–18) were permitted to work in 2008, pursuant to Act No. 1837/1989, and 1,752 such young persons in 2009. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts for the reports of inspection services and information on the number and nature of violations detected and penalties applied involving children and young persons.

2. Conditions of employment. The Committee notes that the Greek Parliament adopted, on 5 May 2010, Act No. 3845/2010 (FEK A’65/6-5-2010) on “Measures to implement a mechanism to support the Greek economy by the Member States of the Euro area and the International Monetary Fund”. The Committee also notes the adoption of Act No. 3863 on the “New Social Security System and relevant provisions” (FEK A’115) which is aimed at implementing the time-bound commitments made in the two memorandums with regard to structural policies on strengthening labour markets.

The Committee notes the statement in the communication of the GSEE that Act No. 3845/2010 includes provisions that directly exclude (or serve as a legal authorization for the introduction of further exclusions) groups of workers, including young workers, from the scope of the National General Collective Agreement, and from the generally binding provisions on minimum wages and conditions of work. The GSEE further alleges that, pursuant to Act No. 3863/2010, minor workers of 15 to 18 years will be employed under contracts of “apprenticeship” with extended probationary periods and will receive 70 per cent of the minimum wage established in the national collective agreement. According to the GSEE, these young workers will be excluded from the protective provisions of labour legislation on permissible working hours, the start and end of the working day taking into account course schedules, obligatory periods of rest, obligatory paid annual leave, time off for attending school, studying and sick leave (pursuant to section 74(8) and (9) of Act No. 3863). The GSEE states that the deregulation of the existing minimum protective legislative framework, in addition to the absence of adequate guarantees and deficient inspection mechanisms, will have multiple harmful side effects for young works.

In this regard, the Committee draws the Government’s attention to Part IV, Paragraphs 12 and 13 of the Minimum Age Recommendation, 1973 (No. 146). Paragraph 12 states that measures should be taken to ensure that the conditions in which children and young persons under the age of 18 years are employed or work reach and are maintained at a satisfactory standard. Paragraph 13 states that in connection with paragraph 12, “special attention should be given to: (a) the provision of fair remuneration and its protection, bearing in mind the principle of equal pay for equal work … and (e) coverage by social security schemes, including employment injury, medical care and sickness benefit schemes, whatever the conditions of employment or work may be”. The Committee requests the Government to provide information in its next report on measures taken or envisaged to ensure that the conditions of work for young persons under the age of 18 are maintained at a satisfactory standard and that adequate safeguards are adopted to protect them from hazardous work taking into account Greece’s ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182). It also refers to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

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Article 3, paragraph 3. Authorization to carry out hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 7(5) of Presidential Decree No. 62/1998 provides that certain exceptions regarding the authorization to carry out hazardous work of “adolescents” be made. The Committee requested the Government to indicate any measures taken or envisaged to give effect to Article 3, paragraph 3, of the Convention by providing that no person under “16 years” of age may be authorized to perform hazardous work. The Committee notes in the Government’s report that section 2 of Presidential Decree No. 62/1998 defines a “young person” as being any person under 18 years of age and an “adolescent” as being a young person having completed his 15th year of age (and hence being 16 years of age). The Committee observes, however, that paragraph (c) of section 2 of Presidential Decree No. 62/1998 seems to define an “adolescent” as a “young person” of at least 15 years of age who has ceased to attend compulsory school in accordance with the relevant provisions. The Committee reminds the Government that according to Article 3, paragraph 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. The Committee urges the Government to take the necessary measures to ensure that young persons employed in work that is deemed to be hazardous, pursuant to section 7(5) of Presidential Decree No. 62/1998, may work only as from the age of 16 years, in accordance with Article 3, paragraph 3, of the Convention.

Part V of the report form. Practical application of the Convention. The Committee notes the statistics supplied by the Government in its report. The Committee notes that for the year 2006, 2,692 persons under 18 years of age were registered for employment and that, in the same period, the labour inspectorate (SEPE) detected 19 cases of illegal employment of persons under 18 years of age leading to 17 fines and two charges being laid. For the year 2007, 3,129 were employed and the SEPE detected 27 violations yielding 18 fines and nine charges. For the first two months of 2008, six violations were detected yielding three fines and three charges. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts for the reports of inspection services and information on the number and nature of violations detected and penalties applied involving children and young persons.

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

Article 3, paragraph 2, of the Convention. Determination of hazardous work. The Committee had previously noted the Government’s information that Ministerial Decision No. 130621 (Official Gazette 875/B/2003) contains a comprehensive list of the types of work, projects and activities prohibited to children under the age of 18 years. The Committee notes that in the above Decision a list of 149 prohibited works or activities, which are considered as likely to jeopardize the health, safety or morals of minors, are divided into units and described in detail.

Article 3, paragraph 3. 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. This work must be performed under the supervision of the safety technician and/or the occupational physician of the enterprise or the protection and prevention services capable of ensuring the protection of the safety and health of young persons under 18 years of age and on condition that the protection prescribed by the Presidential Decree is ensured. The Committee had 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 had requested the Government to provide information concerning the measures, which have been taken or envisaged to give effect to this provision of the Convention, by providing that no person under “16 years” of age may be authorized to perform hazardous work. The Committee notes the Government’s information that with regard to the type and nature of the occupational activity in which young persons aged 15–18 years may engage in, the Model Vocational Guidance Centre (MVGC), an independent service of the Manpower Employment Organization (OAED) plays an important role. This Centre provides the young persons with occupational information and suggests particular solutions through the educational system, as well as through OAED Apprenticeship Schools of Technical and Vocational Education. The young persons who have chosen a specific occupational activity are guided towards activities that do not jeopardize their health, safety and morals. In order to employ a young person who holds an OAED unemployment card, an “Employment book” which is within the competence of Corps of Labour Inspectors (SEPE) is issued first. This book will be then forwarded to the employer by the OAED, and thereafter certified by the MVGC stating that the Labour Inspectorate has made the appropriate control and that the standard recruitment procedure has been followed. The Committee reminds the Government that pursuant to Article 3, paragraph 3, of the Convention, national laws or regulations of the competent authority may, after consultations with the organizations of employers and workers concerned, authorize employment or work as from the age of “16 years” on condition that the health, safety and morals of the young persons are fully protected and that they have received adequate specific instruction or vocational training. The Committee therefore once again requests the Government to indicate any measures taken or envisaged to give effect to this provision of the Convention by providing that no person under “16 years” of age may be authorized to perform hazardous work.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Following its previous comments, the Committee notes the Government’s information that section 33 of Act 2956/2001 on “Restructuring of the Manpower Employment Organization (OAED) and other Provisions” which replaces section 1, paragraph 3 of the Presidential Decree No. 62 of 1998 provides that young persons are allowed to engage in temporary light work of short duration in agricultural, forestry and livestock works in family undertakings, on condition that these are performed during the day. The Committee further notes the Government’s information that in practice, children under the age of 15 years who have not completed the nine-year compulsory schooling are not allowed to work. Moreover, according to Act 1837/1989, except for artistic or relevant activities, no young persons under the age of 15 years are allowed to engage in any work.

Part V of the report form. Practical application of the Convention. The Committee notes that according to the statistics provided by the Government with regard to child labour, the SEPE detected a total number of cases of 35 minors in illegal employment for the year 2004, out of which 33 employers were fined and two charged. For the year 2005, a total number of 34 cases of illegal employment of minors were detected, out of which 29 employers were fined and five charged. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts for the reports of inspection services and information on the number and nature of violations detected and penalties applied involving children and young persons.

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Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee had recalled that by ratifying the Convention, the State undertook to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee requested the Government to supply any relevant information on the subject. The Committee notes the Government’s indication that several pieces of legislation related to the prohibition of child labour have been adopted recently, including Law No. 2956 of 2001, Law No. 3144 of 2003 and resolution No. 130621/24-6-2003. This newly adopted national legislation relates to the prohibition of employment of children under 15 years of age, limitation of working time for young persons between 15 and 18 years of age, employment conditions and risk assessment in work environments and the prohibition of additional types of employment in dangerous, heavy or unhealthy jobs. The Committee takes note of this information and requests the Government to continue providing information on the development of national policies designed to ensure the effective abolition of child labour and on the results attained.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes the Government’s statement that section 4 of Law No. 3144 of 2003, provides that persons who have not attained the age of 18 years are not allowed to carry out work, projects or activities of any kind, which, by their nature or conditions, are likely to harm their health and safety or offend their ethics. The Committee further notes the Government’s information that resolution No. 130621/24-6-2003 contains a comprehensive list of the types of work, projects and activities likely to jeopardize the health, safety or morals of minors. It also notes that the list has been put together based on the findings of a special committee comprising the Minister of Employment, academic staff, doctors, ministry representatives as well as employers’ and employees’ representatives. The Committee takes due note of this information and requests the Government to provide a copy of resolution No. 130621/24-6-2003.

Article 3, paragraph 3. 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. This work must be performed under the supervision of the safety technician and/or the occupational physician of the enterprise or the protection and prevention services capable of ensuring the protection of the safety and health of young persons under 18 years of age and on condition that the protection prescribed by the Presidential Decree is ensured. The Committee had 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 had requested the Government to provide information concerning the measures which have been taken or envisaged to give effect to this provision of the Convention by providing that no person under "16 years" of age may be authorized to perform hazardous work and to ensure that prior consultations are held with employers’ and workers’ organizations. The Committee takes note of the Government’s indication that the employer should comply with the provisions of section 6 of Presidential Decree No. 62 of 1998, where, among others, it is provided that, in accordance with subsection (2), for each activity in which a young person will be engaged a risk assessment should be carried out and by virtue of subsection (4), in certain jobs, the safety technician and/or the occupational physician of the enterprise or the protection and prevention services must give his/her expert opinion on the implementation and control of the safety and health conditions applying for the work carried out by young persons. The Government also indicates that the said derogations are communicated to the General Directorate of Occupational Conditions and Safety which shall advise the Occupational Health and Safety Council accordingly. All social partners participate in this Council which operates on a tripartite basis.

The Committee reminds the Government that pursuant to Article 3, paragraph 3, of the Convention, national laws or regulations of the competent authority may, after consultations with the organizations of employers and workers concerned, authorize employment or work as from the age of "16 years" on condition that the health, safety and morals of the young persons are fully protected and that they have received adequate specific instruction or vocational training. The Committee therefore once again requests the Government to indicate any measures taken or envisaged to give effect to this provision of the Convention by providing that no person under "16 years" of age may be authorized to perform hazardous work.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee had previously noted that section 1(3) of Presidential Decree No. 62 of 1998 lays down that, without prejudice to section 7, the provisions of Act No. 1837 of 1989 and of Decree No. 62 of 1998 do not apply to occasional light work of a short duration in agricultural, forestry and stock-raising activities within family undertakings. The Committee had also noted the Government’s indication that these exclusions were made in conformity with the present Article. The Government had further stated that work performed by young persons in these limited categories is excluded in view of the nature of work carried out by these categories which makes it virtually impossible to monitor the application of the provisions of the Convention in these categories of work. Moreover, the work carried out by children in the excluded categories is seasonal.

The Committee recalls that by virtue of Article 4, paragraph 2, of the Convention, a Government which has excluded limited categories of employment or work from the application of the Convention, must state in subsequent reports the position of its law and practice in respect of such categories. Consequently, the Committee asks the Government to state, in its next report, the position of its law and practice in respect of children engaged in occasional light work of a short duration in agricultural, forestry and stock-raising activities within family undertakings, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children engaged in occasional light work of a short duration in agricultural, forestry and stock-raising activities within family undertakings.

Article 8. Artistic performances. The Committee takes note of the Government’s indication that children who are not yet 15 years may take part in cultural activities. The Committee further notes that section 5(1) of Presidential Decree No. 62 of 1998 provides that, with the permission of the competent labour inspectorate, children who are at least three years of age may be admitted to employment in theatrical or musical performances or any other cultural events, advertising projects, fashion shows, radio or TV recordings or transmissions, etc., on condition that: (a) no harm is caused to their safety, health (physical or mental) and their physical, mental, moral or social development; and (b) they are not prevented from attending school regularly, participating in vocational guidance or vocational training programmes approved by the competent authority or from being able to benefit from the education provided to them. The permission mentioned in subsection (1) is, according to subsection (2), granted for each child separately and for an employment period, continuous or intermittent, which is not allowed to exceed three months in total per year for each child. Moreover, in accordance with section 3(3) of Act No. 1837 of 1989, in order to obtain a permit and for extensions thereof, the employer must submit a declaration that the measures essential for the protection of the young person have been taken, including the consent of the young person’s guardian and a medical certificate from the services of the National Health System (ESY) and from the General Assurance Foundation (IKA) to the effect that there is no risk to the physical or mental health of the young person in the work in question. The Committee takes due note of this information which is in conformity with Article 8 of the Convention.

Part III of the report form. Labour inspection. The Committee takes note of the Government’s indication that the Labour Inspectorate Body has been entrusted with the supervision of the application of the provisions of the labour legislation relating to adolescents’ protection at work. Through the Social, Technical and Sanitary Labour Inspectors, the Labour Inspectorate Body is entitled to impose penalties on employers and the parents or the guardians of the children for violations of the relevant labour legislation in accordance with section 18 of Act No. 1837 of 1989, section 17 of Act No. 2639 of 1998 and section 16 of Presidential Decree No. 62 of 1998.

Part V of the report form. Practical application of the Convention. The Committee notes that the Government’s report contains no information on this point. It therefore asks the Government to provide information on the manner in which the Convention is applied in practice, including, if possible, statistical data by age group on the number of children engaged in any form of employment or work, and the occupations or types of work involved, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

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The Committee notes the information provided by the Government in its reports.

Article 1 of the Convention. The Committee recalls that by ratifying the Convention, the State undertook to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee therefore requests the Government to supply any relevant information on this subject.

Article 3, paragraph 3. The Committee notes 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 is liable to prejudice the health, safety or development of young persons may be granted where such work is necessary for their vocational training. This work must be performed under the supervision of the safety technician and/or the occupational physician or protection and prevention services capable of ensuring the protection of the safety and health of young persons under 18 years of age and on condition that the protection prescribed by the Presidential Decree is ensured. The Committee notes 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 recalls that, by virtue of Article 3, paragraph 3, of the Convention, the employment or work of young persons may be authorized, after consultation with the organizations of employers and workers concerned, and on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training. The Committee requests the Government to provide information concerning the measures which have been taken or are envisaged to give effect to this provision of the Convention by providing that no person under 16 years of age may be authorized to perform hazardous work and to ensure that prior consultations are held with employers’ and workers’ organizations.

Article 7, paragraphs 1 and 3. Section 1(3) of Presidential Decree No. 62 of 1998 lays down that, without prejudice to section 7, the provisions of Act No. 1837 of 1989 and of Decree No. 62 of 1998 do not apply to occasional light work of short duration in agricultural, forestry and stock-raising activities of a family nature. The Committee notes that, by virtue of section 2(d) of Presidential Decree No. 62 of 1998, light work is understood to be any type of work that by the nature of its processes and the conditions under which it is performed is not such as to harm the safety, health or development of children, nor to affect their regular school attendance, their participation in programmes of vocational guidance or vocational training approved by the competent authority, or their ability to benefit from the education that is provided to them. As neither Presidential Decree No. 62 of 1998 nor Act No. 1837 of 1989 refer to the age for admission to employment or work in the case of light work, the Committee requests the Government to indicate the minimum age for admission to such work. Furthermore, it requests the Government to indicate the list of activities considered to constitute light work, and the relevant conditions of employment, in accordance with Article 7, paragraph 3, of the Convention.

The Committee requests the Government to provide a copy of Act No. 2956 of 2001 (Official Journal 258/A) on the restructuring of the employment service and other measures.

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The Committee notes the detailed information supplied in the Government's report. It requests the Government to continue to supply information on the application of the Convention in practice, with particular reference to work in the maritime and fishing sectors including, for instance, statistical data on young workers and school attendance, extracts from official reports and information on the number and nature of contraventions reported (point V of the report form).

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3. In its previous comments, the Committee noted that section 2, subsection 2 of Act No. 1837 of 23 March 1989 prohibits the employment of young persons in dangerous, heavy, or unhealthy work or work which is injurious to their mental health or hinders the free development of their personality. Such work is to be determined by a decision of the Ministry of Labour, in accordance with the opinion of the Council for Health and Safety at Work. Section 2, subsection 3 of the Act also prescribes that, pending the decision defining harmful employment, the prior provisions are still applicable. The Committee requested the Government to indicate any measures taken under section 2, subsection 3 of Act No. 1837. It also requested the Government to prohibit in such a ministerial decision any work likely to jeopardise the morals of young persons, in accordance with the Convention. In its report, the Government only refers to decisions taken to define such harmful work without indicating whether these decisions have been adopted under Act No. 1837, or whether the Government refers to previous decisions still in force. The Committee requests the Government to indicate the decisions to which it is referring, and to supply copies of any recent decisions adopted in this connection.

Article 4. In its previous comments made under Article 2, the Committee drew the Government's attention to the fact that section 1, subsection 2 of Act No. 1837 excludes farming, forestry and cattle-breeding activities within family undertakings from the scope of the Act and, consequently, from the protection provided for by the Convention. In its last report, the Government indicates that this exclusion is made in conformity with the present Article. In this connection, the Committee recalls that under paragraph 2 of this Article of the Convention, each Member which ratifies the Convention shall, in its first report, state the reasons for excluding certain limited categories of employment and work from the application of the Convention. The position in respect of these limited categories shall be also specified in subsequent reports. It hopes therefore that the Government will supply information in its future reports on the position of law and practice applicable to these categories.

The Committee takes note of the information supplied by the Government on the application of Articles 6 and 8 of the Convention.

Article 9. The Committees notes the information supplied by the Government on the activities of the labour inspection services. It notes in particular the statistics on the employment of young persons from the age of 15 to 18 years in various branches of the national economy and on the penalties imposed on the employers for the violation of the legislation relating to employment of young persons. The Committee would be grateful if the Government would continue to supply such information.

The Committee again requests the Government to provide information on the Presidential Decree bringing the provisions on employment at sea into conformity with those of Act No. 1837, as provided for in section 19, subsection 4 of the Act.

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Further to its earlier comments, the Committee notes the information supplied by the Government in its report.

Article 3. In its previous comments, the Committee noted that section 2, subsection 2 of Act No. 1837 of 23 March 1989 prohibits the employment of young persons in dangerous, heavy, or unhealthy work or work which is injurious to their mental health or hinders the free development of their personality. Such work is to be determined by a decision of the Ministry of Labour, in accordance with the opinion of the Council for Health and Safety at Work. Section 2, subsection 3 of the Act also prescribes that, pending the decision defining harmful employment, the prior provisions are still applicable. The Committee requested the Government to indicate any measures taken under section 2, subsection 3 of Act No. 1837. It also requested the Government to prohibit in such a ministerial decision any work likely to jeopardise the morals of young persons, in accordance with the Convention. In its report, the Government only refers to decisions taken to define such harmful work without indicating whether these decisions have been adopted under Act No. 1837, or whether the Government refers to previous decisions still in force. The Committee requests the Government to indicate the decisions to which it is referring, and to supply copies of any recent decisions adopted in this connection.

Article 4. In its previous comments made under Article 2, the Committee drew the Government's attention to the fact that section 1, subsection 2 of Act No. 1837 excludes farming, forestry and cattle-breeding activities within family undertakings from the scope of the Act and, consequently, from the protection provided for by the Convention. In its last report, the Government indicates that this exclusion is made in conformity with the present Article. In this connection, the Committee recalls that under paragraph 2 of this Article of the Convention, each Member which ratifies the Convention shall, in its first report, state the reasons for excluding certain limited categories of employment and work from the application of the Convention. The position in respect of these limited categories shall be also specified in subsequent reports. It hopes therefore that the Government will supply information in its future reports on the position of law and practice applicable to these categories.

The Committee takes note of the information supplied by the Government on the application of Articles 6 and 8 of the Convention.

Article 9. The Committees notes the information supplied by the Government on the activities of the labour inspection services. It notes in particular the statistics on the employment of young persons from the age of 15 to 18 years in various branches of the national economy and on the penalties imposed on the employers for the violation of the legislation relating to employment of young persons. The Committee would be grateful if the Government would continue to supply such information, in any official ILO language in so far as it may be available.

The Committee again requests the Government to provide information on the Presidential Decree bringing the provisions on employment at sea into conformity with those of Act No. 1837, as provided for in section 19, subsection 4 of the Act.

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I. The Committee takes note of the Government's first report on the application of the Convention and notes with interest the adoption of Act No. 1837 of 23 March 1989 respecting the protection of young persons in employment or work. The Committee has examined this Act and requests the Government to provide additional information on the following points.

1. Article 2 of the Convention (in conjunction with Article 7). The Committee notes that section 2, subsection 1 of the new Act establishes 15 years as the minimum age of admission to employment or work, which is in keeping with the Government's statement appended to its ratification of the Convention, in accordance with Article 2, paragraph 1 of this instrument. The Committee notes, however, that section 1, subsection 2, of the above Act excludes farming, forestry and cattle-breeding activities within family undertakings from the scope thereof and, consequently, from the protection provided for by the Convention. Since the Government did not exclude these activities by means of a specific declaration appended to its ratification, in accordance with Article 5 of the Convention, the Committee asks it to indicate the minimum age for admission to these activities and the conditions in which they may be undertaken, in accordance with paragraphs 1 and 3 of Article 7 of the Convention.

2. Article 3. The Committee notes that section 2, subsection 2, of Act No. 1837 (in conjunction with section 1, subsection 1) prohibits the employment of young persons under the age of 18 years in dangerous, heavy or unhealthy work, or work which is injurious to their mental health or hinders the free development of their personality. Under these same provisions, such work is to be determined by a decision of the Ministry of Labour in accordance with the opinion of the Council for Health and Safety at Work. Section 2, subsection 3 of the Act also prescribes that, pending the decision defining harmful employment, the prior provisions are still applicable. The Committee hopes that it will be possible for the ministerial decision to determine the work to which young persons under 18 years of age may not be admitted, provided for in the new Act, to be adopted in the near future after consultation with the organisations of employers and workers concerned, and that it will also formally prohibit work which is likely to jeopardise the morals of young people, in accordance with the Convention. The Committee asks the Government to report on progress in this matter.

3. Article 6. The Committee asks the Government to provide information on the legislation and practice with regard to the conditions in which work done by children is authorised for vocational or technical education, and to provide information on any consultations held on this matter with the organisations of employers and workers concerned, as required under Article 6 in the report form of the Convention. The Government is also asked to provide more detailed information on the vocational guidance programmes drawn up and implemented by the Employment and Manpower Agency (OAEP), provided for in section 4 of the Act.

4. Article 8. The Committee notes that under section 3 of the above Act, young persons under the age of 15 years may, in certain conditions and with the authorisation of the labour inspectorate, participate in certain artistic activities listed in the Act and that children under the age of 15 years may also be authorised to participate in similar activities by a ministerial decision taken after consultation with the most representative employers' and workers' organisations. The Committee asks the Government to specify the activities involved in the latter case, and to provide examples of the practical application of this provision.

5. Article 9. The Government indicates in its report that the labour inspection services are responsible for ensuring the application of the legislation concerning the protection of young people. The Committee asks the Government to provide more detailed information on the work of labour inspectors in this area, and on how, in general the practical application of the Convention is ensured.

II. The Committee would also like to receive information on the Presidential Decrees issued at the joint instance of the Minister of Labour and the Minister of the Merchant Marine, in order to harmonise the provisions regulating employment at sea with those of Act No. 1837, as provided for in section 19, subsection 4 of the Act.