Minimum Age Convention, 1973 (No. 138) - Uruguay (Ratification: 1977)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. National policy to ensure the effective abolition of child labour. In its previous comments, the Committee requested the Government to provide information on the final evaluation of the survey on child labour in waste sorting and collection in the territories covered by the implementation of phase 1 of the plan of action. The Committee also requested the Government to provide information on the new national policies implemented to ensure the effective abolition of child labour.

The Committee notes the information in the Government’s report regarding the implementation of a project providing support for public policies for the elimination of child labour and the worst forms of labour of young persons, in collaboration with the Spanish Agency for International Development Cooperation, the Uruguayan Agency for International Cooperation and the Ministry of Labour and Social Security of Uruguay.

The Committee also notes the publication in 2017 of a handbook entitled “Work by children and young persons in Uruguay”, which formed the basis for several workshops and training courses for staff of state bodies and organizations for the protection of children and young people. The Committee requests the Government to provide information on the impact of such capacity-building with a view to ensuring the effective abolition of child labour. The Committee once again requests the Government to provide information on the final evaluation of the survey conducted in 2015 of child labour in waste collection.

Article 3(2). Determination of types of hazardous work. In relation to the adoption of a list of hazardous types of work, the Committee refers to its detailed comments on the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 9(2). Persons responsible for enforcing the Convention and application of the Convention in practice. In its previous comments, the Committee requested the Government to continue to strengthen the capacities of the National Labour Inspection Department for Child Labour and Work by Young Persons so as to enable it to detect all cases of child labour, particularly in rural areas.

The Committee notes that, according to the Government’s report, there are six inspectors in the National Labour Inspection Department for Child Labour and Work by Young Persons. This department, under the authority of the Uruguayan Institute for Children and Adolescents, requires enterprises that employ children aged from 15 to 18 years to provide a workbook and log for work by minors. The workbook is signed by the enterprise and the parent or guardian of the young person. The minor’s work log is recorded in a document which contains information from the Ministry of Labour and Social Security and the Social Security Institute. During inspections, the employer is required to present the minor’s workbook and work log to the inspector.

The Committee notes that, of a total of 2,645 labour inspections in 2017 and 2018, there were 24 complaints of children aged under 15 years in a child labour situation. Moreover, the Committee observes a decrease in the number of labour inspectors for children and young people among the new recruits planned within the National Labour Inspection Department for Child Labour and Work by Young Persons, according to information provided by the Government in its previous report. The Committee once again requests the Government to continue its efforts to strengthen the capacities of the National Labour Inspection Department for Child Labour and Work by Young Persons so as to enable it to detect all cases of child labour, particularly in rural areas.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1 of the Convention. National policy to ensure the effective abolition of child labour. In its previous comments, the Committee noted that the National Committee for the Elimination of Child Labour (CETI) had adopted a plan of action for the elimination of child labour in waste collection (2011–15). It requested that the Government provide information on the measures adopted and the results achieved in the context of this plan of action. The Committee noted that CETI had undertaken to carry out a survey, with ILO assistance, on child labour in waste sorting and collection in the territories covered by the implementation of phase No. 1 of the plan of action.

The Committee notes that the Government’s report does not contain information on this subject. It notes, however, that according to the concluding observations of the Committee on the Rights of the Child of 5 March 2015, children are victims of economic exploitation, including in waste collection and recycling (CRC/C/URY/CO/3-5, paragraph 65). Observing that the plan of action for the elimination of child labour in waste collection came to an end in 2015, the Committee once again requests that the Government provide information on the final evaluation of the survey referred to above. It also requests that the Government provide information on the new national policies that have been implemented to ensure the effective abolition of child labour.

Article 3(2). Determination of types of hazardous work. In relation to the adoption of a list of hazardous types of work, the Committee refers to its detailed comments on the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 9(2). Persons responsible for enforcing the Convention and application of the Convention in practice. In its previous comments, the Committee requested that the Government provide information on the measures taken to strengthen the capacity of the National Department for the Inspection of Child Labour and Work by Young Persons, which had only five accredited inspectors for the whole country. The Government indicated that seven new labour inspectors had been assigned to the department. The Committee nevertheless observed that according to the results of the National Child Labour Survey conducted by the National Institute of Statistics with the support of the ILO–IPEC SIMPOC programme, children and young persons between five and 18 years of age in rural areas are much more exposed to hazardous work than those in urban areas (15.9 per cent compared with 7.9 per cent).

The Committee notes the Government’s indication in its report that the number of inspectors in the National Department for the Inspection of Child Labour and Work by Young Persons has been reduced to seven, but that new personnel will be recruited in the near future. The Government also indicates that between December 2014 and November 2015, labour inspectors carried out 3,132 inspections across the whole territory and found 47 offences relating to the absence of documents, work carried out by young persons without authorization, or violations of working and rest time. In addition, the inspections revealed 17 cases of children working under the age of 15 years. The Committee also notes in its detailed comments made on the application of the Labour Inspection Convention, 1947 (No. 81), that labour inspectors have participated in a number of training exercises. The Committee takes due note of the efforts made by the Government and requests that it continue its efforts to strengthen the capacities of the National Department for the Inspection of Child Labour and Work by Young Persons so as to enable it to detect all cases of child labour, particularly in rural areas.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. National policy to ensure the effective abolition of child labour. In its previous comments, the Committee noted that the National Committee for the Elimination of Child Labour (CETI) had adopted a plan of action for the elimination of child labour in waste collection (2011–15). It asked the Government to provide information on the measures adopted and the results achieved in the context of the plan of action.

The Committee notes the Government’s indication that in 2012 the CETI conducted a survey, with ILO assistance, on child labour in waste sorting and collection in the territories covered by the implementation of phase No. 1 of the plan of action. The Committee encourages the Government to continue its efforts and requests it to send a copy of the aforementioned survey in its next report. Observing that the plan of action for the elimination of child labour in waste collection ends in 2015, the Committee also requests the Government to send information on its final evaluation.

Article 9(2) and Part V of the report form. Persons responsible for enforcing the Convention and application of the Convention in practice. In its previous comments, the Committee noted that the National Inspectorate for the Work of Children and Young Persons had only five accredited inspectors for the whole country. It asked the Government to provide information on the measures taken to strengthen the capacity of the inspectorate.

The Committee duly notes the Government’s statement that seven new labour inspectors were added to the inspectorate between 2011 and 2013 and that 4,195 inspections were conducted across the country in 2012. According to the Government’s report, the inspectorate now has a total of 11 inspectors for the country, with seven in the department of Montevideo and four in the provinces (departments of Artigas, Flores and Lavalleja).

The Committee welcomes the work done by the Government. However, it observes that according to the results of the 2010 National Survey of Child Labour conducted by the National Institute of Statistics with the support of the ILO–IPEC SIMPOC programme, children in rural areas are much more exposed to hazardous work than children in urban areas (15.9 per cent of children and young persons between 5 and 18 years of age compared with 7.9 per cent). The Committee requests the Government to pursue its efforts to strengthen the capacity of the National Inspectorate for the Work of Children and Young Persons so that it can detect all cases of child labour in rural areas.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3(2) of the Convention. Determination of hazardous types of work. Further to its previous comments, the Committee notes the Government’s statement that the list of hazardous types of work, which was drawn up by the National Committee for the Elimination of Child Labour (CETI) after consultation of the social partners and approved by means of Resolution No. 1012/006 of 29 May 2006 of the Uruguayan Institute for Children and Young Persons (INAU), is still in force. However, the Committee observes that even though this Decision draws up a detailed list of criteria for defining types of work that are to be regarded as hazardous to children, it does not clearly define these activities and does not have the force of law. Observing that the Government has been referring to the adoption of Resolution No. 1012/006 by decree since 2007, the Committee urges it to take the necessary measures to ensure that a list defining hazardous types of work is incorporated into the national legislation. It requests the Government to provide information on all progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. With reference to its previous comments, the Committee notes the Government’s indication that the work of amending Chapter XII of the Children and Young Persons Code and to raise the minimum age for admission to work or employment from 15 to 16 years was not successful before the Parliament of Uruguay. The Committee also notes the information provided by the Government concerning the awareness-raising action undertaken in the framework of the implementation of the ILO SCREAM methodology, entitled “Supporting children’s rights through education, the arts and the media”. It further notes that, according to the information provided by the Government in relation to the Worst Forms of Child Labour Convention, 1999 (No. 182), the National Committee for the Elimination of Child Labour (CETI) adopted in May 2010 a Plan of Action for the elimination of child labour in waste collection (2011–15). The Committee encourages the Government to pursue its efforts to ensure the effective abolition of child labour and requests it to provide information on the measures adopted and the results achieved within the framework of the Plan of Action for the elimination of child labour in waste collection. It requests the Government to provide a copy of the Plan of Action with its next report.

Article 3(2). Determination of hazardous types of work. Further to its previous comments, the Committee notes the Government’s indication that the list of hazardous types of work was revised in 2009 by the CETI and is awaiting approval by executive decree. The Committee expresses the firm hope that the list of hazardous types of work will be adopted in the near future and requests the Government to continue providing information on any developments in this respect.

Article 9(2). Persons responsible for enforcing the Convention. In its previous comments, the Committee noted that the authorities responsible for supervising the application of the Convention are, on the one hand, the General Labour and Social Security Inspectorate of the Ministry of Labour and, on the other, the National Inspection Department on the Employment of Children and Young Persons of the INAU. It noted that the latter is facing a shortage of human resources, although steps have been taken to recruit new inspectors.

The Committee notes the Government’s indication that the selection process for the recruitment of new inspectors was closed in 2010. However, the selection process has still not been completed and the number of approved inspectors is still five. The Committee requests the Government to continue providing information on the measures taken to strengthen the capacity of the inspectors of the National Inspection Department on the Employment of Children and Young Persons of the INAU.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee urged the Government to continue its efforts to combat child labour.

The Committee notes that work is being carried out in collaboration with the relevant parliamentary committee with a view to amending Chapter XII of the Children and Young Persons Code. It notes with interest that one of the amendments under consideration consists in raising the minimum age for employment to 16 years. The Committee also notes that a course on awareness raising, training and the development of policies on the eradication of child labour was given in 2007 in Rivera, Maldonado and Montevideo with support from the ILO–IPEC in order to raise the awareness of the social partners of the issue of child labour and provide them with training in that regard. It also notes the information available to the ILO that a day devoted to raising awareness of child labour and introducing the methodology of the ILO programme entitled “Supporting children’s rights through education, the arts and the media” (“the SCREAM programme”), designed to raise awareness and provide training in the use of SCREAM educational materials, was due to be held this year by the National Committee for the Elimination of Child Labour (CETI). The Committee would be grateful if the Government would continue providing information on any measures taken or envisaged to ensure the effective abolition of child labour. It requests it, in particular, to provide information on the progress made with regard to the amendments to the national legislation and to provide, if applicable, a copy of any relevant text as soon as it has been adopted. It also requests the Government to provide information on the implementation of the SCREAM methodology and its impact in relation to the objective set by the Convention.

Article 3, paragraph 2. Identification of hazardous types of work. Referring to its previous comments, the Committee notes that the list of types of work which are regarded as hazardous, which was drawn up by the CETI following consultation with the social partners, is in the process of being revised and that it is expected that the list will be adopted by government decree once the revision has been finalized. The Committee expresses the firm hope that this decree will be adopted soon and requests the Government to provide information on any developments in this regard, as well as a copy of any related text once adopted.

Article 7. Light work. Referring to its previous comments, in which the Committee requested the Government to take the necessary measures to harmonize the provisions of Decree No. 852/971 of 16 December 1971 and sections 224 and 225 of the 1934 Children’s Code with those of section 165 of the Children and Young Persons Code of 2004, the Committee notes the information that the 1934 Children’s Code was repealed with the entry into force of the Children and Young Persons Code of 2004.

Article 8. Artistic performances. Referring to its previous comments, the Committee notes that eight permits for participation in a film, four for work in theatre performances and one for participation in a television comedy were issued by the National Institute for Children and Young Persons (INAU) in 2007. It also notes that four permits for work in a television programme, eight for work in theatre performances, seven for participation in a ballet, six for participation in an opera, one for performance in a musical band, six for participation in a Celtic music show and ten for zarzuela musical performances were issued in 2008.

Article 9, paragraph 2. Persons responsible for enforcing the Convention. The Committee notes that the authorities responsible for supervising the application of the Convention are the Ministry of Labour’s General Labour and Social Security Inspectorate and the INAU through its National Inspection Department for the Employment of Children and Young Persons. According to the Government, the INAU is facing a shortage of human resources and has only five inspectors covering the entire country and a single office worker responsible for computerizing the information. However, steps have been taken to recruit new inspectors and it is expected that ten vacant posts will be filled. The Committee requests the Government to continue providing information on developments relating to the number of inspectors responsible for supervising the application of the provisions giving effect to the Convention.

Article 9, paragraph 3. Employment registers. The Committee notes the Government’s indication that a computer programme has been installed this year which allows all information relating to young workers and enterprises to be recorded.

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

The Committee notes the information supplied by the Government in its report.

Article 1 of the Convention and Part V of the report form. Application of the Convention in practice. The Committee notes the household survey conducted by the National Institute of Statistics (INE) in 2006. According to this study, 5.4 per cent of children between 5 and 17 years of age perform an activity which can be considered as child labour within the meaning of ILO Conventions, except for activities performed at home, accounting for approximately 35,000 children. However, if activities of an intensive nature and likely to jeopardize the development of young persons performed at home are taken into account, the proportion of children between 5 and 17 years of age who work increases to 7.9 per cent. In addition, according to the study, girls are more involved in work done at home, while boys are engaged in economic activity outside the home. The Committee also notes the national study on the situation of education in Uruguay which was conducted by the INE in 2006. According to this study, 99.6 per cent of children between 6 and 11 years of age, and 85.1 per cent of children between 12 and 17 years of age attend school.

The Committee notes that the Government is cooperating with ILO/IPEC. It also notes that a national plan of action against child labour (2007–08) makes particular provision for removing children and young persons from work in the coal industry. In addition, provision is being made for training activities for labour inspectors, judges and teachers with regard to child labour. The Committee appreciates the measures taken by the Government to abolish child labour but is concerned at the situation of girls, most of whom work in sectors which are not covered by the legislation on child labour and who are therefore more vulnerable to exploitation. It therefore strongly encourages the Government to pursue its efforts in the fight against child labour and asks it to supply information on the implementation of projects carried out in cooperation with ILO/IPEC and of the new national plan mentioned above, and also on the results obtained in terms of the progressive abolition of child labour.

Article 3, paragraph 2. Identification of hazardous types of work. Referring to its previous comments, the Committee notes with interest the Government’s information that the Institute for Children and Young Persons (INAU) adopted Resolution No. 1012/006SP/sp on 29 May 2006 approving a list of types of work which are to be considered as hazardous. This list was drawn up by the National Committee for the Elimination of Child Labour (CETI) and consultations with the social partners took place. The Committee notes that, according to the Government’s information, Resolution No. 1012/006SP/sp is currently being discussed by the executive authority for its approval by decree. The Committee hopes that this decree will be adopted in the near future and asks the Government to supply a copy of it once it is adopted.

Article 7. Light work. In its previous comments, the Committee noted that, under section 1 of Decree No. 852/971 of 16 December 1971 and sections 224 and 225 of the 1934 Children’s Code, the Council for Children could, under certain conditions, exceptionally authorize work by young persons between 12 and 15 years of age. It noted that, under the terms of section 165 of the Children and Young Persons’ Code, children and young persons between 13 and 15 years of age can perform light work. The Committee asked the Government to indicate whether Decree No. 852/971 of 16 December 1971 still governs conditions of employment with regard to light work. In its report, the Government indicates that, although Decree No. 852/971 of 16 December 1971 has not been repealed, these provisions have not been taken into consideration. While noting this information, the Committee would be grateful if the Government, in order to avoid any legal ambiguity, would adopt the necessary measures to harmonize the provisions of Decree No. 852/971 of 16 December 1971 on light work for children with those of the Children and Young Persons’ Code.

Article 8. Artistic performances. Referring to its previous comments, the Committee notes the Government’s information in its report concerning the conditions laid down by the Institute for Children and Young Persons for granting a permit to take part in artistic performances, such as theatre and cinema productions. It asks the Government to supply information on the number of permits granted, stating the types of activities undertaken.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information contained in the Government’s report. It notes in particular the adoption, on 7 September 2004, of Act No. 17,823 issuing the Children and Young Persons Code (hereinafter the Children and Young Persons Code).

Article 2, paragraph 1, of the Convention. 1. Minimum age for admission to employment or work. In its previous comments, the Committee noted a divergence between the 1934 Code of the Child, which sets the minimum age for admission to employment or work at 14 years, and Decree No. 852/971 of 16 December 1971, which establishes the minimum age for admission to employment or work at 15 years, in accordance with the age specified when the Convention was ratified. The Committee considered that, in order to avoid any ambiguity in the law, it was necessary for specific measures to be taken to harmonize the national legislation with the provisions of the Convention. The Committee notes with interest that section 162 of the new Children and Young Persons Code sets the minimum age for admission to employment or work at 15 years in all economic sectors. It also notes that, under section 224 of the new Code, the 1934 Code of the Child, including its amendments and any legal provisions contrary to the new Code, are repealed.

2. Age of admission to forestry work. In its previous comments, the Committee requested the Government to indicate the age from which young persons under 18 years of age may be authorized to work in the forestry sector and to provide further information on the nature of the work authorized for young persons under 18 years of age in this sector. In its report, the Government indicates that the age for admission to work in the forestry sector is 15 years. It adds that, in accordance with Decree No. 372/99 governing conditions of work in the forestry sector, the Institute for Children and Young Persons does not authorize work by young persons aged 15 years for all the activities performed in timber harvesting areas. Permits are issued for work in tree nurseries, with a strict prohibition on the handling of agrochemicals, the planting of saplings and work as assistants.

Article 3, paragraphs 1 and 3. Age of admission for employment in hazardous work. The Committee notes that section 163(1) of the Children and Young Persons Code provides that the State shall protect children (persons aged between 0 and 13 years) and young persons (persons aged between 13 and 18 years) from economic exploitation and the performance of any type of work which is hazardous or harmful to their health or their physical, spiritual, moral or social development. It also notes that, under the terms of section 163(2), any type of work is prohibited which does not allow young persons to spend good time in their family and which impedes their training. The Committee further notes that section 242 of the 1934 Code of the Child, which allowed work by young persons aged between 16 and 18 years in hazardous types of work, has been repealed by the new Code.

Article 3, paragraph 2. Determination of hazardous types of work. The Committee notes that, under section 164(1) of the new Children and Young Persons Code, the National Institute for Young Persons shall establish as a priority a list of activities that are hazardous to the health and the physical, spiritual and moral development of young persons and which are prohibited irrespective of the age of the person who wishes to work or is currently performing a job. It also notes that, under section 164(2), the National Institute for Young Persons, in cases where there is a presumption that conditions of work are such as to be hazardous or harmful to the health or the physical, spiritual or moral development of young persons, shall request the General Labour and Social Security Inspectorate to issue an opinion, within 20 days, concerning the hazardous or harmful nature of the activity.

With regard to the determination of hazardous types of work, the Committee notes the Government’s indication that a subcommission of the National Committee for the Elimination of Child Labour is currently preparing a list. It requests the Government to supply the list of hazardous types of work as soon as it has been formulated.

Article 7. Light work. In its previous comments, the Committee noted that under section 1 of Decree No. 852/971 of 16 December 1971 and sections 224 and 225 of the 1934 Code of the Child, the Council for the Child may authorize work by minors between the age of 12 and 15 years on an exceptional basis, provided that the work does not endanger their life, health or morals and that it is carried on in industrial enterprises in which only the members of the same family are employed. It requested the Government to take the necessary measures to bring the national laws and regulations into conformity with the Convention by permitting employment in light work only by young persons who have reached the age of 13 years. The Committee notes that, under the terms of section 165 of the Children and Young Persons Code, children and young persons between 13 and 15 years of age may only perform light work which, by its nature and the conditions in which it is performed, is not harmful to their physical, mental and social development or their attendance at school. The Committee requests the Government to indicate whether Decree No. 852/971 of 16 December 1971 still regulates conditions of employment in light work.

Article 8. Artistic performances. In its previous comments, the Committee noted that the 1934 Code of the Child regulated artistic performances. It also noted that the new Children and Young Persons Code was to contain provisions allowing exemptions from the specified minimum age for admission to employment or work for the purpose of participation in activities such as artistic performances. The Committee notes the Government’s indication that, in view of the difficulty of their application, the provisions on artistic performances contained in the former Code are not included in the new Code. The Committee would be grateful if the Government would indicate whether in practice children participate in activities such as artistic performances and specify the types of activities performed in this connection.

Part V of the report form. Application of the Convention in practice. The Committee previously noted statistical data according to which 3.2 per cent of the population aged between 11 and 13 years and 17.6 per cent of those aged between 14 and 17 years are engaged in work. It requested the Government to continue supplying information on the manner in which the Convention is applied in practice and to provide information on education. In this respect, the Committee notes the Government’s statement that in 2006 the National Statistical Institute will conduct a household survey which will cover, among other subjects, child labour and rural communities of under 5,000 inhabitants, which will provide information on rural areas. The Committee requests the Government to provide a copy of the survey as soon as it is completed, as well as information on the application of the Convention in practice, including for example statistical data on the employment of children and young persons, particularly in the agricultural sector, extracts from the reports of the inspection services and information on the number and nature of contraventions reported. It also requests the Government to provide information on education, particularly statistics on school attendance and drop-out rates.

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

The Committee notes the information sent by the Government in its report. It notes with interest the resolution of 10 March 2003 under which children or young persons of less than 18 years of age may not be authorized to work in the harvesting of lemons. It also notes with interest the survey on current domestic legislation relating to child labour, carried out by the Government with support from ILO/IPEC, appended to the Government’s report. In its report, the Government states that Parliament is studying a draft Children’s and Young Persons’ Code. The Committee requests the Government to send a copy of the Code as soon as it is adopted. It trusts that the code will accommodate the following comments.

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. In its previous comments, the Committee noted that section 223 of the 1934 Code of the Child sets the minimum age for admission to employment or work at 14 years. The Committee notes the information supplied by the Government to the effect that under Decree No. 852/971 of 16 December 1971, the minimum age for admission to employment or work is 15 years in all sectors of economic activity. The Government also indicates that the declaration accompanying the ratification of the Convention specifying a minimum age of 15 years takes direct effect in Uruguay and that no other legislative measures are necessary. In the Government’s view, this explanation resolves the problem of precedence between section 223 of the 1934 Code of the Child, which sets the minimum age for employment or work at 14 years, and Decree No. 852/971, which sets it at 15 years. While noting the Government’s explanation, the Committee is of the view that in order to avoid any ambiguity in the law and ensure the proper application of the Convention, it is essential to specify clearly that the minimum age for admission to employment or work is 15 years. The Committee therefore deems that specific measures need to be taken in order fully to harmonize the domestic legislation. It hopes that the draft Children’s and Young Persons’ Code, currently before Parliament, will make 15 years the minimum age for admission to employment or work, in accordance with the minimum age specified by Uruguay upon ratification and with Decree No. 852/971 of 16 December 1971.

Article 3. 1. Minimum age for admission to forestry work. The Committee notes the adoption of Decree No. 372/99 regulating working conditions in the forestry sector. Under section 8 of the Decree, the competent authority may authorize the work of minors under the age of 18 in the forestry sector, provided that the work involves little risk and requires little physical effort. The Committee would be grateful if the Government would provide further information on the nature of the work which young people of under 18 years may perform in the forestry sector and indicate the age from which they may be authorized to work in this sector.

2. Authorization to perform hazardous work from 16 years of age. The Committee notes that under section 242 of the Code of the Child, the Council for the Child may, exceptionally, authorize work by young people of 16-18 years of age. It reminds the Government that Article 3, paragraph 3, of the Convention provides for the employment of minors from 16 to 18 years of age to be authorized for hazardous work, provided that their health, safety and morals are fully protected; that they have received adequate specific instruction or vocational training in the relevant branch of activity; and that the organizations of employers’ and workers’ concerned are consulted beforehand. The Committee asks the Government to provide information on the measures taken to ensure that young persons of 16-18 years may work only under the conditions set in Article 3, paragraph 3, of the Convention.

Article 7. Light work. The Committee notes that under section 1 of Decree No. 852/971 of 16 December 1971 and sections 224 and 225 of the Code of the Child, the Council for the Child may authorize work by young persons of 12-15 years on an exceptional basis, provided that the work does not endanger their life, health or morals and that it is carried on in industrial enterprises which employ only members of one and the same family. The Committee reminds the Government that according to Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment of persons of 13-15 years of age in light work, provided that the latter is not likely to harm their health or development and is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Article 7, paragraph 3, provides that the competent authority shall determine the activities in which light work may be permitted, and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee requests the Government to take the necessary steps to bring the national laws and regulations into line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years. It also asks the Government to indicate the conditions in which light work is performed, particularly the nature of the work and the number of hours for which it is performed. The Committee hopes that in the new Children’s and Young Persons’ Code the Government will take account of the conditions in which Article 7 of the Conventionallows the employment of persons aged between 13-15 in light work.

Article 8. Artistic performances. The Committee notes that sections 241 and 242 of the 1934 Code of the Child regulate artistic performances. According to section 241, young males of under 16 years and young females of under 18 years may not work either as professional actors or in public performances, for example in theatres or any other place of entertainment. The Committee notes that in the survey on the current domestic legislation on child labour appended to the Government’s report it is stated that the draft Children’s and Young Persons’ Code currently before Parliament contains provisions allowing exemptions from the specified minimum age for admission to employment or work, for the purpose of participation in activities such as artistic performances. The Committee reminds the Government in this connection that, under Article 8 of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, allow exceptions to the specified minimum age of 15 years for admission to employment or work, by permits granted in individual cases, for such purposes as participation in artistic performances. Permits so granted must limit the number of hours during which employment or work is allowed. The Committee trusts that in the new Children’s and Young Persons’ Code the Government will take account of the conditions in which Article 8 of the Convention allows participation in these activities.

Part V of the report form. The Committee notes the statistical information in the survey on current domestic legislation on child labour, appended to the Government’s report. It notes in particular that, according to the abovementioned report, 3.2 per cent of children aged from 11 to 13 work, and that 17.6 per cent of the age group from 14 to 17 years work. The Committee requests the Government to continue to supply information on the manner in which the Convention is applied, including statistical information relating to the employment of children and young people, especially in the agricultural sector, extracts from reports of the inspection services and details of the number and nature of the infringements recorded. It also asks the Government to provide information on education, particularly statistics of school attendance and drop-out rates.

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

The Committee notes the information supplied by the Government in answer to the communication from the Inter-Trade Union Assembly - Workers’ National Convention (PIT-CNT) sent to the Office on 30 September 2002, and containing comments on the application of the Convention. The Committee takes note of the resolution of 19 December 2002 issued by the National Institute for Minors (INAME), the authority for youth policy matters, under which any exemptions pertaining to the minimum age for admission to employment, extensions of the working day and special or night rest periods, must be authorized jointly with the National Committee for the Elimination of Child Labour (CETI), which comprises representatives of all the social sectors involved, including the PIT-CNT.

In the abovementioned communication, the PIT-CNT stated that INAME had adopted resolutions allowing night work by young persons of 16 years of age in breach of the Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79), and the Minimum Age Convention, 1973 (No. 138). According to the PIT-CNT, resolution No. 2028/01 of the INAME National Directorate allows the authorities of the country’s departments and the Montevideo Division for Inspection, Training and Labour Market Entry to issue individual temporary permits (for maximum periods of up to three months between 15 December and 15 March) authorizing minors of 16 years of age to work between 10 p.m. and midnight, provided that the work does not interfere with their education or jeopardize their moral or physical safety. Furthermore, prior permission must be obtained from the father, guardian or other person responsible for the minor.

In response to the PIT-CNT’s communication, the Government states in its report that the situation described by the latter has changed significantly throughout the country since INAME informed CETI that all exemptions pertaining to the minimum age for admission to employment, extension of the working day and special or night rest periods must be authorized jointly with CETI, of which the PIT-CNT is a member. The Government also states that INAME has authorized no exemptions without a prior decision from CETI.

The Committee notes with interest the information supplied by the Government.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the observations made by the PIT-CNT (Inter-Trade Union Assembly - Workers’ National Convention) on the application of the Convention that were transmitted by the Government in a communication dated 30 September 2002.

Night work of young persons aged 16.

According to the PIT-CNT, the National Institute for Minors (INAME), the authority for youth policy matters, has adopted resolutions authorizing the night work of young persons aged 16, in breach of the provisions of the Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79), and the Minimum Age Convention, 1973 (No. 138).

According to the PIT-CNT, resolution No. 2028/01 of the Directorate of the INAME authorizes the departmental directions of the interior of the country and the Inspection, Training and Labour Market Integration Division of Montevideo to deliver temporary individual permits (for a period of up to three months between 15 December and 15 March) authorizing young persons aged 16 to work between 10 p.m. and 12 p.m., provided that the activity neither interferes with their course of education nor jeopardizes their moral or physical safety. In addition, the prior consent of the father or guardian or other person in charge of the young person needs to be obtained. The PIT-CNT also indicates that such authorizations have been granted since 1977, when for the first time the enterprise "Gauchito de Oro S.A. McDonald’s Uruguay" was granted an authorization to employ on its premises in Punta del Este, Maldonado and Piriapolis, young persons aged between 16 and 18 years to perform night work until 12 p.m. The PIT-CNT deems the authorizations granted for the night work of young persons aged 16 to be illegal and in breach of the Night Work of Young Persons (Non-Industrial Occupations), 1949 Convention (No. 79) and the Minimum Age Convention, 1973 (No. 138).

Article 3 of the Convention

Under Article 3 of the Convention, the minimum age for admission to any type of employment 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 (Article 3(1)); the competent authority or national laws or regulations shall determine, after consultation with the organizations of workers and employers concerned, these dangerous types of work (Article 3(2)); and the competent authority or national laws or regulations may, after consultation with the organizations of workers or employers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected (Article 3(3)).

National legislation establishes in section 6 of Decree No. 852/71 that, for the purposes of the prohibition of night work of children over 14 and below 18 years, the night period may not be shorter than 12 consecutive hours, including the interval between 10 p.m. and 6 a.m.

According to the PIT-CNT, national legislation has recognized the hazardous nature of night work and therefore prohibited it for young persons under 18 years, precisely in recognition of the major physical and psychological damage, the difficulties and dangers of the way to and from the place of employment, and the family problems. According to the PIT-CNT, the hazardous nature of night work is aggravated in Uruguay by the great precarity of transport at night and the danger for the morals of young persons due to the fact that the authorizations have been granted for places which by their nature of tourist sites present problems of prostitution. Given the pronounced "hardness" and hazards of night work, the best for the young person is the absolute prohibition provided in the national legislation.

The Committee notes that, while the Convention provides the possibility of employing young persons of 16 years of age in hazardous work, this requires both a guarantee that their health, safety and morals are fully protected, and the prior consultation of workers’ and employers’ organizations. According to the PIT-CNT "the resolution lacks a legal base and is in breach of Decree No. 852/71, it being pointed out that no account was taken of the need for prior consultations with workers’ and employers’ organizations which it is mandatory to hold in order to determine the exceptions to the prohibition of night work of young persons". Likewise, no account was taken of the opinion of the legal sector of the INAME, which, when consulted about the legality of the request of McDonald’s Uruguay, considered that under the law in force, the INAME could not accede to the request of McDonald’s in granting an authorization for persons under 18 years to work at night. Also, the Direction of the Taxes and Fines Department declared in January 2000 that "the resolution of the Directorate was illegitimate".

The Committee hopes that the Government will take the necessary measures to ensure the protection of young persons against night work, strictly prohibited in national legislation, and thus classified as hazardous work.

The Committee further notes that Uruguay has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182).

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

With regard to the Bill of the Code of the Children and Adolescents currently before Parliament, which the Committee has noted in the observation, it draws the attention of the Government to the fact that only light work is allowed as an exception to the minimum age under Article 7 of the Convention, and for persons aged more than 13 years, since Uruguay specified the minimum age as 15 years at the time of ratification. The Committee asks the Government to send a copy when the Code is adopted.

The Committee also requests the Government to continue to supply information on the application of the Convention in practice, including for instance statistical data on young workers and the school enrolment rate, extracts from official reports and information on the number and nature of contraventions reported, as requested under point V of the report form.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Further to its previous observations, the Committee takes due note of the statement made by the Government in its report that the minimum age for employment in Uruguay is 15 years, because Decree No. 852/971 of 16 December 1971, which fixes it at 15 years, was adopted later than the Code of the Child (Act No. 9.342 of 6 April 1934) which used to fix the minimum age at 14 years. The Government adds that the ratification of the Convention with the specified minimum age of 15 years has a direct effect in Uruguay without the need for further legislative action. The Committee recalls, however, that the Code of the Child of 1934 still remains in force and consequently the provisions of its section 223 which provides for the minimum age of 14 years. This undoubtedly made the Government indicate in its report submitted to the United Nations Committee on the Rights of the Child that the minimum age was 14 years according to the Code of the Child (paragraphs 244 and 245 of CRC/C/3/Add.37). As a consequence, the Committee considers it necessary to take particular measures to unify the national legislation in an adequate manner so as to fix 15 years clearly as the minimum age for admission to employment or work. The Committee considers it essential in the application of the Convention to establish a general minimum age unequivocally and to make it known to everyone in the country so that measures of enforcement could be taken effectively.

Noting that a Bill of the Code of the Children and Adolescents is currently before Parliament, in which the minimum age is set at 15 years old, the Committee hopes that this Bill would be adopted soon so as to eliminate any doubt or ambiguity in the applicable minimum age and asks the Government to supply information on any development in this regard.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee recalls that, at the time of ratifying this Convention, Uruguay specified under Article 2(1) of the Convention the minimum age of 15 years. The Government has been indicating, since its first report in 1979 and up to the latest report covering the period up to August 1996, that the minimum age was fixed at 15 years by virtue of Decree No. 852/971 of 16 December 1971.

The Committee notes however that the Government indicates, in its report (dated 2 August 1995) submitted to the United Nations Committee on the Rights of the Child, that the minimum age is 14 years according to the Code of the Child (document CRC/C/3/Add.37, paragraphs 244 and 245 of the report). It further notes that a government representative at the 13th Session of the UN Committee (September-October 1996) admitted the conflict between Uruguayan legislation on child labour, in which the minimum age was 14 years, and ILO Convention No. 138, and added that a bill currently before Parliament was designed to bring the domestic provisions into line with the international instrument (CRC/C/SR.325, paragraph 40).

The Committee urges the Government to clarify the situation, with particular reference to the legislative provisions actually in force on the matter.

[The Government is asked to report in detail in 1997.]