Minimum Age (Underground Work) Convention, 1965 (No. 123) - Uganda (Ratification: 1967)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee recalls that the ratification of the Minimum Age Convention, 1973 (No. 138) by a State party to Convention No. 123, ipso jure, involves the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 and either, in accordance with Article 2 of that Convention, specifies a minimum age of not less than the age specified in pursuance of Convention No. 123, namely 16 years, or specifies that such an age applies to employment underground in mines by virtue of Article 3 of Convention No. 138 (Article 10 of Convention No. 138).

The Committee further recalls that Uganda ratified Convention No.138 on 25 March 2003 and specified a minimum age for admission to work or employment of 14 years, which is lower than the age specified for Convention No. 123 (16 years). It further recalls that the Government has not specified that Article 3 of Convention No. 138 applies to underground work. Consequently, the ratification of Convention No. 138 by Uganda has not resulted in the automatic denunciation of Convention No. 123.

Noting that the national legislation in Uganda prohibits underground work and work in mines by young persons under 18 years of age (under the Employment of Children Regulations No. 17, 2012), the Committee accordingly draws the Government’s attention to the fact that a formal declaration specifying that Article 3 of Convention No. 138 applies to underground work would result in the denunciation with immediate effect of Convention No. 123. In this regard, the Committee draws the Government’s attention to the decision of the Governing Body, at its 349th Session, October–November 2023, approving the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM TWG), which acknowledges the outdated classification of Convention No. 123 and recommends the effective implementation of Convention No. 138 in Member States in which Convention No. 123 is in force. In view of the above, the Committee encourages the Government to consider the possibility of issuing a declaration indicating that Article 3 of Convention No. 138 applies to underground work, thereby resulting in the immediate denunciation of Convention No. 123.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 4(5) of the Convention. Special register kept by the employer. In its previous comments, the Committee noted that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee also noted that section 15 of the Employment of Children Regulations provides that an employer engaging a child shall keep a register in the form prescribed in the Fifth Schedule.

The Committee notes that the Fifth schedule of the Employment of Children Regulations requires employers to indicate the name, age and nature of work of children employed who are between 15 and 17 years of age. The Committee also notes that section 5 of the Employment of Children Regulations No. 17 of 2012, read in conjunction with section 2 prohibits the employment of children under the age of 18 years in work which is injurious, dangerous or hazardous, including work underground, in water or at heights while the list of hazardous work prohibited for employment of a child of 18 years include work in the mines (section 6 and First Schedule).

In view of the above, the Committee would like to draw the Government’s attention to the decision taken by the Governing Body with regard to the Convention following its examination by the Working Party on Policy regarding the Revision of Standards (GB.270/LILS/3 (Rev.1)). The Governing Body decided to invite States parties to Convention No. 123 to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). The ratification of Convention No. 138 by a State party to Convention No. 123, ipso jure, involves the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 and either, in accordance with Article 2 of that Convention, specifies a minimum age of not less than the age specified in pursuance of Convention No. 123, namely 16 years, or specifies that such an age applies to employment underground in mines in virtue of Article 3 of Convention No. 138 (Article 10 of Convention No.138).

The Committee notes that Uganda ratified Convention No.138 on 25 March 2003 and specified a minimum age for admission to work or employment of 14 years, which is lower than the age specified for Convention No. 123 (16 years). It further noted that the Government has not specified that Article 3 of Convention No. 138 applies to underground work. Consequently, the ratification of Convention No. 138 by Uganda has not resulted in the automatic denunciation of Convention No. 123. Noting that the national legislation prohibits underground work and work in mines by young persons under 18 years of age, the Committee accordingly, draws the Government’s attention to the fact that a formal declaration specifying that Article 3 of Convention No. 138 applies to underground work would result in the denunciation with immediate effect of Convention No. 123. In view of the above, the Committee suggests that the Government might consider the possibility of issuing a declaration indicating that Article 3 of Convention No. 138 applies to underground work, thereby resulting in the denunciation of Convention No. 123.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 4(5) of the Convention. Special register kept by the employer. In its previous comment, the Committee noted the Government’s information that the practice of keeping a special register by the employer employing young persons was not maintained. This was attributed to the inadequate inspection system in place and it was an issue that needed to be addressed. While employers needed to be sensitized to the requirement for keeping the special register, the Government needed to carry out inspections to ensure the observance of this requirement. The Committee recalled that by virtue of Article 4(5) of the Convention, the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age (i.e. 20 years in this case); such lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time

The Committee notes that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee also notes that section 15 of the Employment of Children Regulations provides that an employer engaging a child shall keep a register in the form prescribed in the Fifth Schedule. The Committee observes, however, that the Government provides no information on the practice of the keeping of registers by employers employing young persons. The Committee refers to its comments made on the application of these points under the Minimum Age Convention, 1973 (No. 138).

Part IV of the report form. Practical application of the Convention. The Committee refers to its comments made on the application of Convention No. 138.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 4(5) of the Convention. Special register kept by the employer. In its previous comment, the Committee noted the Government’s information that the practice of keeping a special register by the employer employing young persons was not maintained. This was attributed to the inadequate inspection system in place and it was an issue that needed to be addressed. While employers needed to be sensitized to the requirement for keeping the special register, the Government needed to carry out inspections to ensure the observance of this requirement. The Committee recalled that by virtue of Article 4(5) of the Convention, the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age (i.e. 20 years in this case); such lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time

The Committee notes that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee also notes that section 15 of the Employment of Children Regulations provides that an employer engaging a child shall keep a register in the form prescribed in the Fifth Schedule. The Committee observes, however, that the Government provides no information on the practice of the keeping of registers by employers employing young persons. The Committee refers to its comments made on the application of these points under the Minimum Age Convention, 1973 (No. 138).

Part IV of the report form. Practical application of the Convention. The Committee refers to its comments made on the application of Convention No. 138.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Article 4(5) of the Convention. Special register kept by the employer. In its previous comment, the Committee noted the Government’s information that the practice of keeping a special register by the employer employing young persons was not maintained. This was attributed to the inadequate inspection system in place and it was an issue that needed to be addressed. While employers needed to be sensitized to the requirement for keeping the special register, the Government needed to carry out inspections to ensure the observance of this requirement. The Committee recalled that by virtue of Article 4(5) of the Convention, the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age (i.e. 20 years in this case); such lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time

The Committee notes that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee also notes that section 15 of the Employment of Children Regulations provides that an employer engaging a child shall keep a register in the form prescribed in the Fifth Schedule. The Committee observes, however, that the Government provides no information on the practice of the keeping of registers by employers employing young persons. The Committee refers to its comments made on the application of these points under the Minimum Age Convention, 1973 (No. 138).

Part IV of the report form. Practical application of the Convention. The Committee refers to its comments made on the application of Convention No. 138.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Article 4(5) of the Convention. Special register kept by the employer. In its previous comment, the Committee noted the Government’s information that the practice of keeping a special register by the employer employing young persons was not maintained. This was attributed to the inadequate inspection system in place and it was an issue that needed to be addressed. While employers needed to be sensitized to the requirement for keeping the special register, the Government needed to carry out inspections to ensure the observance of this requirement. The Committee recalled that by virtue of Article 4(5) of the Convention, the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age (i.e. 20 years in this case); such lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time

The Committee notes that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee also notes that section 15 of the Employment of Children Regulations provides that an employer engaging a child shall keep a register in the form prescribed in the Fifth Schedule. The Committee observes, however, that the Government provides no information on the practice of the keeping of registers by employers employing young persons. The Committee refers to its comments made on the application of these points under the Minimum Age Convention, 1973 (No. 138).

Part IV of the report form. Practical application of the Convention. The Committee refers to its comments made on the application of Convention No. 138.

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

Article 2(1) of the Convention. Minimum age for admission to employment in underground work. In its previous comments, the Committee noted the Government’s statement that Employment Decree No. 4 of 1975, was being revised to ensure conformity with the Convention. It pointed out that the Convention does not permit the exception for the prohibition on underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government had been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hoped that the amendment would be completed in the very near future. The Committee noted the Government’s information that the concern to prohibit underground work for apprentices was taken into consideration under the revised employment legislation to bring it into conformity with the Convention.

The Committee notes with interest that, by virtue of section 5 of Employment (Employment of Children) Regulations No. 17 of 2012, a child under 18 years of age shall not be employed to do work which is injurious, dangerous or hazardous. According to section 2 of these regulations, hazardous work includes circumstances where a child works underground, in water, or at heights.

Article 4(5). Special register kept by the employer. In its previous comment, the Committee noted the Government’s information that the practice of keeping a special register by the employer employing young persons was not maintained. This was attributed to the inadequate inspection system in place and it was an issue that needed to be addressed. While employers needed to be sensitized to the requirement for keeping the special register, the Government needed to carry out inspections to ensure the observance of this requirement. The Committee recalled that by virtue of Article 4(5) of the Convention, the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age (i.e. 20 years in this case); such lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time

The Committee notes that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee also notes that section 15 of the Employment of Children Regulations provides that an employer engaging a child shall keep a register in the form prescribed in the Fifth Schedule. The Committee observes, however, that the Government provides no information on the practice of the keeping of registers by employers employing young persons. The Committee refers to its comments made on the application of these points under the Minimum Age Convention, 1973 (No. 138).

Part IV of the report form. Practical application of the Convention. The Committee refers to its comments made on the application of Convention No. 138.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee noted that the Bills repealing four labour laws were passed by Parliament on 27, 28 and 29 March 2006, including the Employment Act.

Article 2(1) of the Convention. Minimum age for admission to employment in underground work. In its previous comments, the Committee noted the Government’s statement that Employment Decree No. 4, 1975, was being revised to ensure conformity with the Convention. It pointed out that the Convention does not permit the exception for the prohibition on underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government has been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hoped that the amendment would be completed in the very near future. The Committee noted the Government’s information that the concern to prohibit underground work for apprentices has been taken into consideration under the revised employment legislation to bring it into conformity with the Convention. The Committee requests the Government to provide a copy of the Employment Act, 2006, as soon as it is available.

Article 4(5). Special register kept by the employer. Referring to its previous comment, the Committee noted the Government’s information that the practice of keeping a special register by the employer employing young persons has not been maintained. This was attributed to the inadequate inspection system in place and it was an issue that needed to be addressed. While employers needed to be sensitized to the requirement for keeping the special register, the Government needed to carry out inspections to ensure the observance of this requirement. The Committee recalled that by virtue of Article 4(5) of the Convention, the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age; such lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time. The Committee hopes that the Government will take the necessary measures to carry out inspections and requests it to provide any information in this regard. It also requests the Government to provide a specimen of the special register, as indicated in its report.

Part IV of the report form. Practical application of the Convention. Noting the absence of information, the Committee once again requests the Government to provide information on the application of the Convention in practice, including for instance statistical data on the number and nature of contraventions reported.

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

The Committee notes with regret that for the fifth consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee noted that the Bills repealing four labour laws were passed by Parliament on 27, 28 and 29 March 2006, including the Employment Act.

Article 2(1) of the Convention. Minimum age for admission to employment in underground work. In its previous comments, the Committee noted the Government’s statement that Employment Decree No. 4, 1975, was being revised to ensure conformity with the Convention. It pointed out that the Convention does not permit the exception for the prohibition on underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government has been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hoped that the amendment would be completed in the very near future. The Committee noted the Government’s information that the concern to prohibit underground work for apprentices has been taken into consideration under the revised employment legislation to bring it into conformity with the Convention. The Committee requests the Government to provide a copy of the Employment Act, 2006, as soon as it is available.

Article 4(5). Special register kept by the employer. Referring to its previous comment, the Committee noted the Government’s information that the practice of keeping a special register by the employer employing young persons has not been maintained. This was attributed to the inadequate inspection system in place and it was an issue that needed to be addressed. While employers needed to be sensitized to the requirement for keeping the special register, the Government needed to carry out inspections to ensure the observance of this requirement. The Committee recalled that by virtue of Article 4(5) of the Convention, the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age; such lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time. The Committee hopes that the Government will take the necessary measures to carry out inspections and requests it to provide any information in this regard. It also requests the Government to provide a specimen of the special register, as indicated in its report.

Part IV of the report form. Practical application of the Convention. Noting the absence of information, the Committee once again requests the Government to provide information on the application of the Convention in practice, including for instance statistical data on the number and nature of contraventions reported.

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

The Committee notes with regret for the fourth consecutive year that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted that the Bills repealing four labour laws were passed by Parliament on 27, 28 and 29 March 2006, including the Employment Act.

Article 2(1) of the Convention. Minimum age for admission to employment in underground work. In its previous comments, the Committee noted the Government’s statement that Employment Decree No. 4, 1975, was being revised to ensure conformity with the Convention. It pointed out that the Convention does not permit the exception for the prohibition on underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government has been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hoped that the amendment would be completed in the very near future. The Committee noted the Government’s information that the concern to prohibit underground work for apprentices has been taken into consideration under the revised employment legislation to bring it into conformity with the Convention. The Committee requests the Government to provide a copy of the Employment Act, 2006, as soon as it is available.

Article 4(5). Special register kept by the employer. Referring to its previous comment, the Committee noted the Government’s information that the practice of keeping a special register by the employer employing young persons has not been maintained. This was attributed to the inadequate inspection system in place and it was an issue that needed to be addressed. While employers needed to be sensitized to the requirement for keeping the special register, the Government needed to carry out inspections to ensure the observance of this requirement. The Committee recalled that by virtue of Article 4(5) of the Convention, the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age; such lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time. The Committee hopes that the Government will take the necessary measures to carry out inspections and requests it to provide any information in this regard. It also requests the Government to provide a specimen of the special register, as indicated in its report.

Part IV of the report form. Practical application of the Convention. Noting the absence of information, the Committee once again requests the Government to provide information on the application of the Convention in practice, including for instance statistical data on the number and nature of contraventions reported.

 

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

The Committee notes with regret that for the third consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted that the Bills repealing four labour laws were passed by Parliament on 27, 28 and 29 March 2006, including the Employment Act.

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment in underground work. In its previous comments, the Committee noted the Government’s statement that Employment Decree No. 4, 1975, was being revised to ensure conformity with the Convention. It pointed out that the Convention does not permit the exception for the prohibition on underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government has been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hoped that the amendment would be completed in the very near future. The Committee noted the Government’s information that the concern to prohibit underground work for apprentices has been taken into consideration under the revised employment legislation to bring it into conformity with the Convention. The Committee requests the Government to provide a copy of the Employment Act, 2006, as soon as it is available.

Article 4, paragraph 5. Special register kept by the employer. Referring to its previous comment, the Committee noted the Government’s information that the practice of keeping a special register by the employer employing young persons has not been maintained. This was attributed to the inadequate inspection system in place and it was an issue that needed to be addressed. While employers needed to be sensitized to the requirement for keeping the special register, the Government needed to carry out inspections to ensure the observance of this requirement. The Committee recalled that by virtue of Article 4(5) of the Convention, the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age; such lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time. The Committee hopes that the Government will take the necessary measures to carry out inspections and requests it to provide any information in this regard. It also requests the Government to provide a specimen of the special register, as indicated in its report.

Part IV of the report form. Practical application of the Convention. Noting the absence of information, the Committee once again requests the Government to provide information on the application of the Convention in practice, including for instance statistical data on the number and nature of contraventions reported.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted that the Bills repealing four labour laws were passed by Parliament on 27, 28 and 29 March 2006, including the Employment Act.

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment in underground work. In its previous comments, the Committee noted the Government’s statement that Employment Decree No. 4, 1975, was being revised to ensure conformity with the Convention. It pointed out that the Convention does not permit the exception for the prohibition on underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government has been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hoped that the amendment would be completed in the very near future. The Committee noted the Government’s information that the concern to prohibit underground work for apprentices has been taken into consideration under the revised employment legislation to bring it into conformity with the Convention. The Committee requests the Government to provide a copy of the Employment Act, 2006, as soon as it is available.

Article 4, paragraph 5. Special register kept by the employer. Referring to its previous comment, the Committee noted the Government’s information that the practice of keeping a special register by the employer employing young persons has not been maintained. This was attributed to the inadequate inspection system in place and it was an issue that needed to be addressed. While employers needed to be sensitized to the requirement for keeping the special register, the Government needed to carry out inspections to ensure the observance of this requirement. The Committee recalled that by virtue of Article 4, paragraph 5, of the Convention, the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age; such lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time. The Committee hopes that the Government will take the necessary measures to carry out inspections and requests it to provide any information in this regard. It also requests the Government to provide a specimen of the special register, as indicated in its report.

Part IV of the report form. Practical application of the Convention. Noting the absence of information, the Committee once again requests the Government to provide information on the application of the Convention in practice, including for instance statistical data on the number and nature of contraventions reported.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted that the Bills repealing four labour laws were passed by Parliament on 27, 28 and 29 March 2006, including the Employment Act.

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment in underground work. In its previous comments, the Committee noted the Government’s statement that Employment Decree No. 4, 1975, was being revised to ensure conformity with the Convention. It pointed out that the Convention does not permit the exception for the prohibition on underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government has been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hoped that the amendment would be completed in the very near future. The Committee noted the Government’s information that the concern to prohibit underground work for apprentices has been taken into consideration under the revised employment legislation to bring it into conformity with the Convention. The Committee requests the Government to provide a copy of the Employment Act, 2006, as soon as it is available.

Article 4, paragraph 5. Special register kept by the employer. Referring to its previous comment, the Committee noted the Government’s information that the practice of keeping a special register by the employer employing young persons has not been maintained. This was attributed to the inadequate inspection system in place and it was an issue that needed to be addressed. While employers needed to be sensitized to the requirement for keeping the special register, the Government needed to carry out inspections to ensure the observance of this requirement. The Committee recalled that by virtue of Article 4, paragraph 5, of the Convention, the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age; such lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time. The Committee hopes that the Government will take the necessary measures to carry out inspections and requests it to provide any information in this regard. It also requests the Government to provide a specimen of the special register, as indicated in its report.

Part IV of the report form. Practical application of the Convention. Noting the absence of information, the Committee once again requests the Government to provide information on the application of the Convention in practice, including for instance statistical data on the number and nature of contraventions reported.

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

The Committee notes the Government’s report. It particularly notes that the Bills repealing four labour laws were passed by Parliament on 27, 28 and 29 March 2006, including the Employment Act.

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment in underground work. In its previous comments, the Committee noted the Government’s statement that Employment Decree No. 4, 1975, was being revised to ensure conformity with the Convention. It pointed out that the Convention does not permit the exception for the prohibition on underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government has been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hoped that the amendment would be completed in the very near future. The Committee notes the Government’s information that the concern to prohibit underground work for apprentices has been taken into consideration under the revised employment legislation to bring it into conformity with the Convention. The Committee requests the Government to provide a copy of the Employment Act, 2006, as soon as it is available.

Article 4, paragraph 5. Special register kept by the employer. Referring to its previous comment, the Committee notes the Government’s information that the practice of keeping a special register by the employer employing young persons has not been maintained. This is attributed to the inadequate inspection system in place and it is an issue that needs to be addressed. While employers need to be sensitized to the requirement for keeping the special register, the Government needs to carry out inspections to ensure the observance of this requirement. The Committee recalls that by virtue of Article 4, paragraph 5, of the Convention, the employer shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age; such lists shall contain the dates of birth of such persons and the dates at which they were employed or worked underground in the undertaking for the first time. The Committee hopes that the Government will take the necessary measures to carry out inspections and requests it to provide any information in this regard. It also requests the Government to provide a specimen of the special register, as indicated in its report.

Part IV of the report form. Practical application of the Convention. Noting the absence of information, the Committee once again requests the Government to provide information on the application of the Convention in practice, including for instance statistical data on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. With reference to its previous comments, the Committee noted the Government’s statement that the Employment Decree No. 4, 1975, was being revised to ensure conformity with the Convention. The Committee pointed out that the Convention does not permit the exception for the prohibition against underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government has been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hopes that the amendment will be completed in the very near future.

Article 4, paragraph 5. The Committee again requests the Government to supply a specimen copy of the special register kept by the employer employing young persons under section 55 of the Employment Decree and section 41 of the Employment Regulations.

Part IV of the report form. The Committee again requests the Government to provide information on the application of the Convention in practice, including for instance statistical data on the number and nature of contraventions reported.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. With reference to its previous comments, the Committee noted the Government’s statement that the Employment Decree No. 4, 1975, was being revised to ensure conformity with the Convention. The Committee pointed out that the Convention does not permit the exception for the prohibition against underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government has been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hopes that the amendment will be completed in the very near future.

Article 4, paragraph 5. The Committee again requests the Government to supply a specimen copy of the special register kept by the employer employing young persons under section 55 of the Employment Decree and section 41 of the Employment Regulations.

Part IV of the report form. The Committee again requests the Government to provide information on the application of the Convention in practice, including for instance statistical data on the number and nature of contraventions reported.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. With reference to its previous comments, the Committee noted the Government’s statement that the Employment Decree No. 4, 1975, was being revised to ensure conformity with the Convention. The Committee pointed out that the Convention does not permit the exception for the prohibition against underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government has been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hopes that the amendment will be completed in the very near future.

Article 4, paragraph 5. The Committee again requests the Government to supply a specimen copy of the special register kept by the employer employing young persons under section 55 of the Employment Decree and section 41 of the Employment Regulations.

Part IV of the report form. The Committee again requests the Government to provide information on the application of the Convention in practice, including for instance statistical data on the number and nature of contraventions reported.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request:

Article 2, paragraph 1, of the Convention. With reference to its previous comments, the Committee noted the Government’s statement that the Employment Decree No. 4, 1975, was being revised to ensure conformity with the Convention. The Committee pointed out that the Convention does not permit the exception for the prohibition against underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government has been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hopes that the amendment will be completed in the very near future.

Article 4, paragraph 5. The Committee again requests the Government to supply a specimen copy of the special register kept by the employer employing young persons under section 55 of the Employment Decree and section 41 of the Employment Regulations.

Part IV of the report form. The Committee again requests the Government to provide information on the application of the Convention in practice, including for instance statistical data on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

  Article 2, paragraph 1, of the Convention. With reference to its previous comments, the Committee noted the Government’s statement that the Employment Decree No. 4, 1975, was being revised to ensure conformity with the Convention. The Committee points out that the Convention does not permit the exception for the prohibition against underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government has been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hopes that the amendment will be completed in the very near future.

  Article 4, paragraph 5. In the absence of response to its earlier comments, the Committee again requests the Government to supply a specimen copy of the special register kept by the employer employing young persons under section 55 of the Employment Decree and section 41 of the Employment Regulations.

  Part IV of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including for instance statistical data on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Article 2, paragraph 1, of the Convention. With reference to its previous comments, the Committee notes the Government's statement that the Employment Decree No. 4, 1975, is being revised to ensure conformity with the Convention. The Committee points out that the Convention does not permit the exception for the prohibition against underground work concerning apprentices, which is provided for by section 51 of the Employment Decree. Recalling that the Government has been indicating for many years its intention to bring the legislation into conformity with the Convention, the Committee hopes that the amendment will be completed in the very near future.

Article 4, paragraph 5. In the absence of response to its earlier comments, the Committee again requests the Government to supply a specimen copy of the special register kept by the employer employing young persons under section 55 of the Employment Decree and section 41 of the Employment Regulations.

Point IV of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including for instance statistical data on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 2, paragraph 1, of the Convention. With reference to its previous comments regarding section 51 of the Employment Decree of 1975 providing for the exception of apprentices from the prohibition of underground work, the Committee notes from the Government's reply that an amendment has been prepared to the Employment Decree which prescribes that no young person under the age of 16 years shall be employed or work underground in mines, in conformity with the Convention. The Committee trusts that this amendment will be adopted in the near future and that the Government will provide a copy of it.

Article 4, paragraph 5, of the Convention. Please supply a specimen copy of the special register kept by the employer employing young persons under section 55 of the Employment Decree and section 41 of the Employment Regulations.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee again requests the Government to supply a specimen copy of the special register kept by the employer employing young persons under section 55 of the Employment Decree and section 41 of the Employment Regulations.

Observation (CEACR) - adopted 1988, published 75th ILC session (1988)

Article 2, paragraph 1, of the Convention. In its previous comments the Committee, while noting that in practice no persons under the age of 16 years are employed underground in mines, had pointed out that the exception of apprentices from the prohibition of underground work which is provided for by section 51 of the Employment Decree of 1975 is not permitted by the Convention. The Committee notes with interest the Government's statement that this anomaly will be corrected during the forthcoming review of the labour legislation. The Committee hopes that the next report will indicate the measures taken to bring the legislation into full conformity with the Convention on this point.