Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

Article 2, paragraph 2, of the Convention. Raising the minimum age for admission to employment or work. In its previous comments the Committee noted that the Secretary of State for Labour periodically holds consultations with employers’ and workers’ organizations to determine whether social and economic conditions in the country allow the minimum age for admission to employment or work to be raised to 15 years. The Government indicates in this connection that it is impossible to increase the minimum age for the time being. The Committee notes that statement and would be grateful if the Government would provide full information if there are any new developments in this respect.

Article 3, paragraphs 1 and 2. Age for admission to, and determination of, types of hazardous work. The Committee notes with interest the adoption of resolution No. 52/2004 on work which is hazardous and unhealthy for persons under 18 years of age. According to article 1 of the resolution, the expression "work which is hazardous and unhealthy for persons under 18 years of age" refers to activities or tasks which, by their nature or the circumstances in which they are carried out, are liable to harm the physical and mental health and overall development of boys, girls or young persons or which can cause their death. The definition also covers work the performance of which requires special skill and knowledge because of the risk involved. The Committee also notes with interest that article 2 of resolution No. 52/2004 sets out an exhaustive list of hazardous jobs and tasks that are prohibited for persons under 18 years of age.

Article 3, paragraph 3. Authorization of employment or work from the age of 16 years. The Committee notes that, according to article 3 of resolution No. 52/2004, minors aged from 16 to 18 years may be employed in some of the jobs in the list of hazardous and unhealthy jobs and tasks prohibited for persons under 18 years of age. It also notes that article 6 of the resolution sets conditions for the employment of minors aged from 16 to 18 years which are consistent with Article 3, paragraph 3, of the Convention. The Committee notes, however, that section 251 of the Labour Code forbids minors under 16 years of age from performing hazardous or unhealthy work. It observes that section 251 of the Labour Code is vague and sets neither the conditions in which minors over 16 years of age may perform hazardous work nor the requirements for their protection and previous training. The Committee reminds the Government that Article 3, paragraph 3, of the Convention allows the employment or work of young persons aged from 16 to 18 years subject to strict requirements for their protection and prior training. It furthermore reminds the Government that what this provision of the Convention allows is a limited exception to the general ban on hazardous work by young persons under 18 years of age, and not unqualified authorization to engage in hazardous work as from the age of 16 years. The Committee accordingly requests the Government to take the necessary steps to ensure that the performance of hazardous work by young persons aged from 16 to 18 years provided for in section 251 of the Labour Code, will be authorized only as prescribed by the provisions of Article 3, paragraph 3, of the Convention.

Article 5. Limitation of the scope of application of the Convention to certain branches of economic activity. In its previous comments the Committee noted the efforts made by the Government with support from ILO/IPEC in the area of domestic work by children and encouraged it to envisage extending the scope of the Convention to include this work. In reply, the Government indicates that the Labour Advisory Committee, together with the social partners, will consider extending the scope of application to the Convention to other branches of economic activity. The Committee would be grateful if the Government would provide information on the results and conclusions of this meeting.

Article 9. Employer’s register. In its previous comments, the Committee noted that neither the Labour Code nor its implementing regulations contained any provision on employers’ registers. The Committee notes that, according to the Government, the labour department of the Secretariat of State for Labour, has control over registers of working minors. It requests the Government to provide a copy of the register kept by the labour department of the Secretariat of State for Labour.