Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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) had been adopted. It also noted that a related action plan (Plan de Avance) for the 2006–10 period had been drawn up, targeting three specific groups: boys and girls under 15 years of age who have dropped out of 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. It noted that the development of national policies and social protection plans was envisaged in the context of the action plan, and asked for information in this respect.

The Committee notes the information in this respect sent by the Government in its report. It observes in particular that a register concerning the worst forms of child labour has been established to keep a record of children engaged in this type of activity, and also of children working on a self-employed basis or in the informal sector. According to the Government’s report, 66 per cent of all cases recorded in the register in 2009 involved children over 15 years of age. It also notes that the National Service for Minors and the National Labour Directorate continue to honour the protocol of cooperation signed in 2007, which aims at cooperative action in situations involving child labour in order to enforce the relevant penalties and protect the children and young persons concerned.

The Committee duly notes the statistics supplied in the Government’s report in relation to the Worst Forms of Child Labour Convention, 1999 (No. 182), concerning the number and nature of the violations reported and penalties imposed by the labour inspectorate between 2006 and 2010. Moreover, the Committee observes that, according to the information contained in the June 2010 technical progress report on the ILO–IPEC project on the elimination of child labour in Latin America, the Government has announced that a second national survey of child labour will be conducted in 2011. The Committee requests the Government to supply detailed information on the results achieved in the context of the national plan on the prevention and elimination of child labour, including the number of children who have benefited from the measures established by the action plan. It also requests it to send a copy of the second national survey of child labour in its next report.

Article 2(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 a self-employed basis. However, it noted 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 the 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 anticipated that the programme would cover more than 42,000 families in 2008.

The Committee notes the Government’s indication that further information on the impact of this programme will be sent as soon as possible. The Committee expresses the strong hope that information on the measures taken and the results achieved in the context of the “Bridge Programme”, indicating the number of children working in the informal sector who have been withdrawn from their work and reintegrated in the school system, will be sent in the very near future by the Government.

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. It noted that this provision did not specify the minimum age for admission to employment in domestic work.

The Committee notes the Government’s indication that, in accordance with section 16 of the Labour Code, domestic work is not included in the exemptions from the prohibition on employment or work for children under 15 years of age who therefore cannot work as domestic workers.

Article 8. Artistic performances. In its previous comments the Committee noted 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. As regards section 16 of the Labour Code, the Committee notes that, even though the family court may be mandated as the competent authority to grant permits for participation in artistic performances, the authorization of the young person’s legal representative, such as a parent, grandparent or guardian, is not sufficient to fulfil the requirements of the Convention.

The Committee notes the Government’s indication that, under section 13(2) and section 16 of the Labour Code, as amended by Act No. 20.189 of 15 May 2007, permits for participation in artistic performances may only be granted under the following conditions: (i) the work performed is light work which is not likely to harm the child’s health or development; (ii) the work performed is not such as to be detrimental to the child’s school attendance; (iii) the working time of children in school education may not exceed 30 hours per week; and (iv) in any case working time may not exceed eight hours per day. Nevertheless, the Committee observes that the Government’s report does not contain any information on the measures taken or contemplated to bring the legislation into conformity with the Convention with respect to the authority for issuing permits. The Committee again reminds the Government that, under Article 8(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 urges the Government to take the necessary steps 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, are granted only with the authorization of the competent authority after consultation with the organizations of employers and workers concerned, in accordance with Article 8(1) of the Convention.