Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that a national plan for the prevention and elimination of child labour (2001–10) has been adopted. It also noted that, according to the study entitled “Work by children and young persons in figures: National survey and register of the worst forms” (hereinafter the national survey on child labour and young persons in figures), published by the ILO/IPEC in 2004, 3 per cent, or a total of 107,676 girls, boys and young persons, were engaged in unacceptable work in Chile. Of this number, 36,542 were aged between 5 and 11 years and 31,587 between 12 and 14 years.

The Committee duly notes the detailed information provided by the Government on the implementation of the national plan for the prevention and elimination of child labour. It notes, in particular, that a plan has been drawn up on the progress made (2006–10), which targets three specific groups: boys and girls under 15 years of age who have abandoned the school system to work or are at risk of doing so; boys, girls and young persons under 18 years of age involved in the worst forms of child labour; and young persons aged between 15 and 18 who are working. Within the framework of this plan on the progress made (2006–10), the development of national policies and social protection plans is envisaged. The Committee also notes that campaigns to raise the awareness of the population have been launched across the country. Furthermore, public servants, particularly those working for the Solidarity and Social Investment Fund (FOSIS), have been given training on the prevention and elimination of child labour. The Committee welcomes the measures taken by the Government to abolish child labour, which it regards as the assertion of its political commitment to developing strategies to combat this problem. It requests the Government to continue its efforts to eliminate child labour. In this regard, the Committee requests the Government to provide information on the measures to be taken in the context of the plan on the progress made (2006–10), in particular on the national policies and social protection plans which will be implemented to gradually abolish child labour. It requests the Government to provide information on the results achieved. The Committee also invites the Government to provide information on the application of the Convention in practice, including, for example, statistical data on the employment of children and young persons and extracts from the reports of inspection services.

Article 2, paragraph 1. 1. Scope of application. The Committee previously noted that the Labour Code does not apply to employment relationships that are not based on a contract, such as children working on their own account. In its report, the Government indicates that children working in this type of employment are covered by the “Bridge Programme”, which forms part of the Government’s social protection scheme. According to information provided by the Government, boys, girls and young persons from more than 5,700 families have benefited from this programme, in particular through their reintegration into the school system. The Government anticipates that the programme will cover more than 42,000 families in 2008. Taking due note of this information, the Committee requests the Government to indicate the measures taken within the context of the “Bridge Programme” to afford the protection provided for by the Convention to the children of the 42,000 families who are engaged in an economic activity on their own account or in the informal economy. In this regard, it requests the Government to provide information on the number of children who have been removed from work and reintegrated into the school system.

2. Minimum age for admission to employment or work. Children engaged in domestic work. In its previous comments, the Committee noted that, under section 10 of Act No. 3654 of 1930 on compulsory primary education, persons who employ as domestic workers children who have not completed their compulsory schooling are obliged to enrol them in a school and facilitate their regular school attendance. The Committee noted that this provision does not specify the minimum age for admission to employment in domestic work. In its report, the Government indicates that, given that the national survey of 2004 indicates that children employed as domestic workers are engaged in child labour, the Minister of Justice will examine the possibility of incorporating this type of work in the national legislation. In this regard, the Committee notes that, according to this national survey on work by children and young persons in figures, around 42,000 children were engaged in domestic work in Chile. The Committee expresses the firm hope that the examination of this matter by the Minister of Justice will allow this type of work to be regulated, in particular by providing that no child under 15 years of age may be employed as a domestic worker. It requests the Government to take the necessary measures to that end and to provide information on any developments in this regard.

Article 3, paragraph 2. Determination of hazardous types of employment or work. Referring to its previous comments, the Committee notes with interest the adoption of Decree No. 50 of 17 August 2007 which approves the regulations implementing section 13 of the Labour Code, introduced by Act No. 20.189, and establishes a very detailed list of the types of hazardous work prohibited to persons under 18 years of age.

Article 6. Apprenticeship. The Committee previously noted that, under section 79 of the Labour Code, only workers under 21 years of age may be party to an apprenticeship contract. It noted that the Labour Code does not contain provisions establishing the minimum age to be party to an apprenticeship contract. The Committee notes with interest the Government’s indication that section 57 of Act No. 19.518 of 14 October 1997 issuing the statute on training and employment (hereinafter Act No. 19.518 of 14 October 1997), amended by Act No. 20.124 of 30 October 2006 which amends the statute on training and employment with regard to apprenticeship contracts (hereinafter Act No. 20.124 of 30 October 2006), provides that only persons over 15 years of age and under 25 years of age may be party to an apprenticeship contract.

Article 8. Artistic performances. In its previous comments, the Committee noted that section 16 of the Labour Code provides that, in specifically defined cases and with the authorization of a legal representative or the youth court judge, persons under 15 years of age may be party to a contract involving persons or entities related to the theatre, cinema, circus, radio, television or other similar activities. The Committee emphasized that, while the youth court judge may be mandated to grant permits as the competent authority, the authorization of the young person’s legal representative is not sufficient to fulfil the requirements of the Convention.

In its report, the Government indicates that Act No. 20.189 of 15 May 2007, which amends the Labour Code with regard to the admission to employment of minors and the completion of compulsory schooling (hereinafter Act No. 20.189 of 15 May 2007), revises the provisions concerning the employment of persons under 18 years of age in artistic performances. According to the Government, under section 13(2) of the Labour Code, amended by Act No. 20.189 of 15 May 2007, persons under 15 years of age who may be party to a contract involving persons or entities related to the theatre, cinema, circus, radio, television or other similar activities shall be engaged only in light work. The Government also indicates that, under section 13(4) of the Labour Code, amended by Act No. 20.189 of 15 May 2007, the labour inspector, who has given a minor authorization to work, shall provide the family court with the relevant information concerning the authorization so that it may revoke the authorization if it considers it inappropriate for the minor. Furthermore, section 16 of the Labour Code, amended by Act No. 20.189 of 15 May 2007, provides that, in specifically defined cases, in accordance with section 13(2) of the Labour Code, and with the authorization of a legal representative or the family court, persons under 15 years of age may be party to a contract involving persons or entities related to the theatre, cinema, circus, television or other similar activities.

The Committee notes that, under the new provisions of section 13(2) of the Labour Code, the labour inspector shall intervene only as a last resort to authorize a minor to work, i.e. if the child’s parents, grandparents or guardians are unable to do so. With regard to section 16 of the Labour Code, the Committee notes that the authorization to engage in artistic performances may be granted by a legal representative or by the family court. The Committee notes that, if the family court may be mandated as the competent authority to grant authorization to participate in an artistic performance, the authorization of the minor’s legal representative, such as the parents, grandparents or guardians, is not sufficient to fulfil the requirements of the Convention. In this regard, the Committee once again reminds the Government that, under Article 8, paragraph 1, of the Convention, permits to participate in artistic performances have to be granted on an individual basis by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to take the necessary measures to ensure that permits for children under 15 years of age allowing them to be a party to a contract involving persons or entities related to the theatre, cinema, circus, radio, television or other similar activities, as provided for by section 16 of the Labour Code, are granted only in accordance with the conditions set forth in Article 8, paragraph 1, of the Convention, i.e. with the authorization of the competent authority. Finally, it requests the Government to provide information on the conditions governing permits, particularly with regard to hours of work and conditions of employment or work, as well as the number and nature of the permits granted.