Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age (Industry) Convention (Revised), 1937 (No. 59) - Paraguay (Ratification: 1966)

The Committee notes the Government’s report.

Article 2, paragraph 2, of the Convention. Minimum age of employment in industrial undertakings. In its previous comments, the Committee noted that section 120 of the Labour Code allows persons aged between 12 and 15 to work in undertakings in which those employed are “preferably” members of the employer’s family. Recalling that under this provision of the Convention, national legislation may permit the employment of children under 15 in undertakings in which “only” members of the employer’s family are employed, the Committee asked the Government to provide information on the measures adopted or envisaged to bring national legislation into conformity with the Convention in this respect.

In its report, the Government states that section 29 of the Labour Code provides that work of a family nature for which “only” members of the family or persons accepted by that family, under the protection of one of its members, are employed is excluded from the application of the Code, provided that the workers are not salaried employees. The Committee notes that, under this provision, the scope of Labour Code does not exclude salaried persons under 15 years who work in the same undertaking as members of their family. Thus, section 120 of the Labour Code, which allows minors over the age of 12 but under the age of 15 to work in undertakings in which those employed are “preferably” members of the employers’ family, is applicable to them. Under these circumstances, the Committee asks the Government to indicate the scope of the term “preferably”, found in section 120 of the Labour Code. In this regard, the Committee reminds the Government that the possibility offered by Article 2, paragraph 2, of the Convention to permit the employment of children under the age of 15 years in undertakings in which “only” members of the employer’s family are employed, applies to both salaried and non-salaried persons.

Article 5. Dangerous work. Further to its previous comments, the Committee notes with satisfaction the adoption of Decree No. 4951/05 which regulates Act No. 1657/01 and approves the list of dangerous types of child labour.