Solicitud directa (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

Convenio sobre la edad mínima, 1973 (núm. 138) - Malasia (Ratificación : 1997)

The Committee notes the information supplied by the Government, and requests the Government to supply further information on the following points.

Article 2, paragraph 1. Section 2(1) of the 1966 Act bars children from being employed under 14 years of age. Moreover, section 2(3)(e) of the same Act allows children between 14 and 16 years of age to be employed on any vessel under the personal charge of his parents or guardian. Given that the Government has declared the minimum age for admission to employment as being 15 years, the Committee asks the Government to supply an indication of the measures taken to bring the minimum age into conformity with the one declared.

Article 3, paragraph 1. The Committee notes that the employment of persons who have attained 16 years of age is not subject to any restriction, as the 1966 Act applies to children (under 14 years of age) and young persons (between 14 and 16 years of age). Section 2(3) and (4) allows persons between 14 and 16 years of age to perform hazardous types of work, under certain conditions. The Committee reminds the Government that the minimum age for hazardous occupations shall not be less than 18 years. Moreover, the Government is required to list the types of employment or work that, by the nature or the circumstances in which they are carried out, are likely to jeopardise the health, safety or morals of children. This determination has to be made after consultation with workers’ and employers’ organizations. The Committee asks the Government to supply information on the measures taken to comply with these provisions.

Article 7. The Committee notes that the legislation does not specify a minimum age for admission to light work, even if section (2)(2)(a) of the 1966 Act allows persons under 14 years of age to be employed in light work, suitable to their capacity, in any undertaking carried on by their family. The Committee asks the Government to supply information on the minimum age for admission to light work and to specify the activities to which it applies. It also requests the Government to provide information on the protection envisaged by the legislation for children performing light work, in respect of hours and conditions of work.

Part IV of the report form. The Committee requests the Government to state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. In particular the Committee notes the failure by the Government to report on tripartite consultations being held and requests the Government to provide information as such. It also requests information on the grounds for prohibiting trade union membership for all persons who have not attained 16 years of age, under section 26 of the Trade Union Act, 1959, and for barring persons who have not attained 21 years of age from holding trade union office.

Part V of the report form. The Committee requests the Government to supply information leading to a general appreciation of the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from reports of inspection services, and information on the number and nature of contraventions reported.