Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Minimum Age Convention, 1973 (No. 138) - El Salvador (Ratification: 1996)

The Committee has noted the Government's first report. It requests the Government to supply further information on the following points.

Article 2 of the Convention. The Committee notes that, while the Labour Code (D.O.142. Tomo 236 of 31.07.72) covers the relations between employers and workers, the Family Code in its section 378 deals with the work of children on their own account, and requires an authorization of the Ministry of Labour and Social Security. Noting the prohibition of hazardous work in the same section, the Committee requests the Government to indicate any measures taken to subject the granting of such authorization for own-account work to a minimum age, and also to supply information on the practical application of this provision, including the number of authorizations granted.

Noting that both of the provisions of the Constitution (article 38(10)) and of the Labour Code (section 114) setting forth the minimum age for employment of 14 years refer to "compulsory education", the Committee asks the Government to supply further information on compulsory education, including copies of relevant legislative provisions.

Article 3, paragraph 2. The Committee notes that section 105(3) of the Labour Code provides for the determination of the types of employment or work to be prohibited for persons under 18 years of age by means of a regulation made under the Code after consultation of the Superior Council of Labour (Consejo Superior del Trabajo). It asks the Government to provide the list of such employment or work.

Article 4. The Committee notes the indication in the Government's report to the effect that an assessment is being made regarding certain activities in the informal sector so as to determine the legal basis to include them in hazardous work. It requests the Government to clarify its intention as to whether some limited categories of employment or work in the informal sector should be excluded from the application of the Convention to the extent that they would not be covered by such measures to be taken.

Article 6. The Committee notes the reference in the report to a draft Apprenticeships Act in relation to Article 3 of the Convention, and requests the Government to provide information on any development regarding the adoption of this draft Act, or its copy if it has been adopted.

Article 7. The Committee notes that the Labour Code (section 114) allows children to perform light work from the age of 12 on condition that it would not be hazardous to health or development and would not hinder education or vocational training, and that the Family Code (section 377) permits exceptions to the minimum age of 14 years when it is indispensable for the subsistence of the children or their family as long as it would not hinder the minimum of compulsory education. It requests the Government to clarify the relation between these two provisions since the conditions for permitting light work are not the same. The Committee also requests the Government to specify the activities allowed as light work, numbers of hours allowed, and the conditions to which such light work is subject in accordance with paragraphs 1 and 3 of Article 7.

Article 8. The Committee notes the provisions of section 114, paragraphs 3 and 4, of the Labour Code provide for the exceptions for artistic performances in the same terms as the provisions of the Convention. It further notes that the report describes the procedures for granting a permit for a minor to work and also a medical examination, and that reference is also made to temporary licences given to children who want to work during holidays. The Committee requests the Government to supply specific information on the exception regarding artistic performances in practice, with a particular reference to the procedure followed in granting such permits and the conditions to which it is subject in accordance with the provisions of section 114(3) and (4) of the Labour Code.

Article 9, paragraph 1. The Committee notes that the Labour Code contains a general provision (section 627) prescribing fines for infringements of its provisions, including those on minimum age. It notes however that the provisions quoted in the report without reference to the title of the legislation are not those of the Labour Code. The Committee asks the Government to supply information on any special enactment that provides for penalties to the violation of national provisions giving effect to the Convention, including its reference and copy of the text.

Article 9, paragraph 3. The Committee notes that, while section 117 of the Labour Code sets forth the employers' obligation to keep a register of employees under 18 years of age, the report states that on the basis of the Code, the Government is in the process of elaborating registration form. It asks the Government to indicate any progress in this regard and to supply a specimen copy when available.

Point V of the report form. The Committee requests the Government to continue to supply information on various measures aimed at the effective elimination of child labour and their result, including, for instance, any statistical details and the number and nature of infringements reported.