Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Age Convention, 1973 (No. 138) - Dominican Republic (Ratification: 1999)

The Committee notes the information provided by the Government in its first and second reports. It also notes with interest the ratification by the Dominican Republic on 15 November 2003 of the Worst Forms of Child Labour Convention, 1999 (No. 182), and its undertaking to develop and implement the time-bound programme (TBP) on the worst forms of child labour in collaboration with IPEC.

Articles 1 and 2, paragraph 2, of the Convention. The Committee notes with interest the information provided by the Government in its reports to the effect that the executive authorities, through the Secretariat of State for Labour, periodically hold consultations with employers’ and workers’ organizations with a view to determining whether the socio-economic conditions of the country permit the raising of the minimum age for admission to employment or work to 15 years. At the last meeting of the Council, discussions were held on the subject of amending the national legislation to increase the minimum age to 15 years. The Committee draws the Government’s attention to the fact that Article 2, paragraph 2, of the Convention provides for the possibility of a State which decides to raise the minimum age specified previously to inform the Director-General of the International Labour Office by a further declaration. The Committee would be grateful if the Government would provide information on the progress made in relation to the discussions on increasing the minimum age to 15 years.

Article 3. 1. Age of admission to hazardous work. The Committee notes that by virtue of certain provisions of the Labour Code, young persons under 16 years of age may not exercise certain activities likely to jeopardize their health, safety or morals. Under the terms of sections 246, 251 and 253 of the Labour Code, young persons under the age of 16 years of age cannot work at night, perform hazardous or unhealthy work or be employed in taverns selling intoxicating drinks. The Committee notes that it may be deduced from these provisions that the age of admission to hazardous work is 16 years. It reminds the Government that, in accordance with Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It therefore requests the Government to take the necessary measures so that the national legislation provides that no person under 18 years of age may perform hazardous types of work.

The Committee also reminds the Government that Article 3, paragraph 3, of the Convention authorizes, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18. It also recalls that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing hazardous types of work, and does not constitutute an overall authorization to undertake hazardous work from the age of 16 years. The Committee therefore requests the Government to take the necessary measures to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3, paragraph 3, of the Convention.

2. Consultations with employers’ and workers’ organizations. The Committee notes that Decision No. 03/93 respecting hazardous and unhealthy work for young persons determines the types of work that are prohibited. It requests the Government to provide information concerning the consultations held with the organizations of employers and workers concerned when determining these types of work.

Article 5. The Committee notes that when ratifying the Convention, the Dominican Republic declared that it was initially limiting the scope of application of the Convention to the branches of economic activity and types of enterprises set out in Article 5, paragraph 3, of the Convention, namely: mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural enterprises mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. In this respect, the Committee would be grateful if the Government would provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of the present Convention and on any progress which may have been made towards the wider application of the provisions of the Convention, in accordance with Article 5, paragraph 4(a), of the Convention. Furthermore, noting the efforts made by the Government with the support of ILO/IPEC in relation to domestic work by children, the Committee encourages the Government to consider the possibility of extending the scope of application of the Convention to this branch of economic activity, in accordance with Article 5, paragraph 4(b), of the Convention.

Article 8. The Committee notes that the national legislation contains provisions authorizing the participation of children in activities such as artistic performances (sections 245 and 250 of the Labour Code and Decision No. 30/93 of 9 November 1993). It requests the Government to provide information on the consultations which were held on this subject with the organizations of employers and workers concerned.

Article 9. Under the terms of this provision of the Convention, national laws or regulations shall prescribe the registers or other documents which shall be kept and made available by the employer. Such registers or documents have to contain the names and ages or dates of birth, duly certified wherever possible, of persons employed by or who work for the employer and who are less than 18 years of age. The Committee notes that neither the Labour Code nor its implementing regulations contain a provision requiring the keeping of registers by employers. It requests the Government to indicate whether the national legislation contains provisions concerning the keeping of registers.

Part V of the report form. The Committee notes the information provided by the Government in its reports that its cooperation with ILO/IPEC and the Organización Projoven, Funpade y Cepae has led to the establishment of a programme to prevent and eliminate child labour in agricultural areas, resulting in the removal of 250 young persons from work in Constanza, 382 in the province of Duarte and 285 in San José de Ocoa. The Committee also notes that a study has been undertaken by the Secretariat of State to assess the number of children and young persons working in the formal and informal sectors. The Committee requests the Government to provide the results of this study. According to the statistics available to the ILO (national child labour survey of 2000), around 428,720 children work in the Dominican Republic, or 17.7 per cent of the 2.42 million children and young persons aged between 5 and 17 years. However, taking into account the number of children from 5 to 17 years of age who are working, the Committee invites the Government to increase its efforts in order to progressively bring its practice into conformity with the legislation and the Convention. The Committee also asks the Government to communicate the results obtained or the measures envisaged with a view to eliminating child labour in practice. Moreover, the Committee requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services and information on the number and nature of contraventions reported.

The Committee requests the Government to provide a copy of the following legislative texts:

n  Act No. 14/94 of 1994 issuing the Code for the Protection of Children and Young Persons;

n  Decree No. 59-95 issuing regulations under the Code for the Protection of Children and Young Persons;

n  the Education Act No. 66/97 of 15 April 1997;

n  Act No. 116 of 16 January 1980; and

n  Regulation No. 1894 of 11 August 1980.