Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Convenio sobre la edad mínima, 1973 (núm. 138) - Barbados (Ratificación : 2000)

Article 1 of the Convention. National Policy. The Committee previously requested the Government to provide information on the national policy measures designed to effectively reduce and eliminate child labour. The Committee notes that, in its report provided under Convention No. 182, the Government indicates that the National Child Labour Committee, which falls under the auspices of the Ministry of Labour, engages in educational and research projects on child labour. The Committee further notes the Government’s statement that an educational campaign has been initiated by the Ministry of Labour aimed at eliminating the worst forms of child labour, and that the Ministry, in cooperation with UNICEF, produced a pamphlet on the subject of child labour. The Committee notes the information in “A review of child labour laws of Barbados – A guide to legislative reform” issued by the ILO in June 2005 (hereinafter referred to as “ILO review”) that Barbados has not yet developed a comprehensive policy framework to address the elimination of child labour. However, the report highlights that the Government has sound national policies in areas connected with child labour, such as education, childcare protection, welfare, social security and labour. The Committee requests the Government to continue to provide information on the activities of the National Child Labour Committee, including any work on national policy measures designed to effectively reduce and eliminate child labour.

Article 2, paragraph 1. Scope of application. The Committee previously noted that section 11 of the Employment (Miscellaneous Provisions) Act, 1977, as modified by the Employment (Miscellaneous Provisions) (Amendment) Act, 2001, provides that no child (under the age of 16 years) shall be employed in any industrial undertaking or on a ship. It also noted that, according to section 103 of the Shipping Act, 1994, no person shall employ an individual under the age of 16 years to work on board any Barbadian ship unless: (a) he is employed upon work approved by the Registrar on board a school ship or training ship; or (b) the Registrar certifies that he is satisfied, having due regard to the health and physical condition of the individual and to the prospective and immediate benefit to him of the employment, that the employment will be beneficial to him. The Committee noted that the abovementioned provisions of the Employment (Miscellaneous Provisions) Act and the Shipping Act seem to be applicable only to industrial undertakings and ships. The Committee requested the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all sectors of economic activity.

The Committee notes that the section 4(7) of the Recruiting of Workers’ Act prohibits recruiting persons under the age of 16 years, except in the case of parental consent for children over 14 to engage in light work. Furthermore, the Committee notes that section 13 of the Employment (Miscellaneous Provisions) Act stipulates that “no child shall be allowed to work between 6.00 p.m. of one day and 7.00 a.m. of the following day in any undertaking whatsoever”. The Committee also notes that section 14 of the Employment (Miscellaneous Provisions) Act prohibits work during school hours of any child or young person of compulsory school age (which is defined in section 2(1) of the Education Act as between 5 and 16 years old). Pursuant to section 15 of the Employment (Miscellaneous Provisions) Act, an employer who employs any person in contravention of the Act is guilty of an offence and is liable on summary conviction to a fine not exceeding 1,000 dollars and imprisonment for a term not exceeding 12 months. The Committee further notes the information in the Government’s report that school hours are typically between 8.30 a.m. and 3.30 p.m. and that compulsory school attendance is vigorously enforced with school attendance officers assigned to check that children attend school. The Committee notes the Government’s statement that, due to these limits, in practice, a worker who is of school age cannot be admitted to full-time employment in any form of undertaking, and not only industrial undertakings.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee previously noted the information in the Government’s report that section 67 of the Liquor Licences Act states that no person under the age of 18 years: (i) shall be employed in connection with the sale or supply of intoxicating liquor on any premises in respect of which a retail member’s club or proprietary club licence is granted; (ii) shall be wholly or mainly employed in serving intoxicating liquor on any premises in respect of which a restaurant or hotel licence is granted. The Committee asked the Government to supply a copy of the Liquor Licences Act. The Committee notes the copy of the Liquor Licenses Act submitted with the Government’s report.

Article 3, paragraph 2. Determination of hazardous work. The Committee previously noted that the Employment (Miscellaneous Provisions) Act provides for an extensible definition of “industrial undertaking” (sections 2, 7 and 10 of the Act) which includes some types of hazardous work (such as work in any mine, quarry and other work involving the extraction of minerals from the earth). The Committee also noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his health, safety or morals, the national legislation does not contain a determination of the types of work likely to jeopardize the health, safety or morals of young persons, pursuant to section 8. The Committee considered that a general prohibition of dangerous work, without additional measures, is unlikely to have much practical effect. The Committee therefore asked the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work, in accordance with Article 3(2), of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject. The Committee notes the Government’s statement that, pursuant to section 74(1) of the Factories Act, inspectors have the power to determine whether a particular task or process is hazardous to a young person. The Committee further notes that, in its report provided under Convention No. 182, the Government indicates that a list of the types of hazardous work prohibited to young persons has been adopted by the Ministry of Labour, and that employers’ and workers’ organizations were consulted in the creation of this list. The Committee requests the Government to indicate if the list of hazardous work prohibited for children under 18 years has been included in any government legislation or regulation, and to indicate what penalties exist for employers found to be in violation of the provisions of this list.

Article 4. Exclusion of limited categories of employment or work. The Committee previously noted that, according to section 12(b) of the Employment (Miscellaneous Provisions) Act, Part IV of this text, regarding employment of children, does not apply to any industrial undertaking or ship in which only members of the same family are employed. The Committee asked the Government to state the position of its law and practice in respect of children working in family undertakings pursuant to section 12 of the Employment (Miscellaneous Provisions) Act, as well as the extent to which effect was given to the Convention in respect of work done by children in family undertakings. The Committee also asked the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned. The Committee notes the Government’s indication that section 5(1) of the Prevention of Cruelty to Children Act states that “[a]ny person over the age of 16 years, having the custody, charge or care of any child under the age of 16 years, who wilfully assaults, ill-treats, neglects, abandons or exposes such child or causes or procures such child to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause such child unnecessary suffering or injury to its health (including injury to, or loss of sight or hearing or limb or organ of the body and any mental derangement), shall be guilty of a misdemeanour and shall be liable on conviction on indictment to a fine of $120 and, in default of payment of such fine, to imprisonment for one year, or to imprisonment for one year or to both such fine and imprisonment, or on summary conviction to a fine of $24 and, in default of payment of such fine, to imprisonment for three months or to imprisonment for three months, or to both such fine and imprisonment”. The Committee notes the Government’s information that that this provision applies notwithstanding the Employment (Miscellaneous Provisions) Act. The Committee requests the Government to indicate in future reports any changes in law and practice in respect to this excluded category.

Article 7. Light work. The Committee previously noted the Government’s statement that no use had been made of the exceptions permitted under this Article of the Convention. However, the Committee noted that section 14(1) of the Employment (Miscellaneous Provisions) Act only prohibits the employment of a child or young person of compulsory school age during school hours. The Committee also noted that, according to the ILO Rapid Assessment Study, a number of children under 16 years of age are economically active in some way or another. The Committee recalled that Article 7(1) of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health and development; and (b) 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. The Committee also recalled that, according to Article 7(3), of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which such employment or work may be undertaken. The Committee requested the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by young persons aged 13 years and above. The Committee notes the Government’s position that work that does not interfere with the educational development of a child can be undertaken by persons starting at age 13, and that this was addressed in a brochure produced by the Ministry of Labour. The Committee notes the Government’s statement that, due to the restrictions in the Employment (Miscellaneous Provisions) Act, children are only able to work in a non-industrial undertaking from 3.00 p.m. to 6.00 p.m. during a school day and on non-school days from 7.00 a.m. to 6.00 p.m. Moreover, the Committee notes that section 4(7) of the Recruiting of Workers’ Act states that the Minister of Labour may, by regulations, permit persons above the age of 14 years to be recruited with the consent of their parents or guardians, for employment of light work, subject to such conditions as he may prescribe. The Committee requests the Government to indicate if any regulations prescribing conditions for light work have been adopted, pursuant to section 4(7) of the Recruiting of Workers’ Act.

Part III of the report form. Labour inspection. The Committee previously requested the Government to provide information on the practical application of the inspections carried out by labour officers, the Child Care Board, the factory and shops officers and to supply copies of any reports of such inspections. The Committee notes the copy of the Shops Act included in the Government’s report, and the copy of the Inspection of Shops form. The Committee also notes the copy of the Factory Inspection Report form included in the Government’s report. The Committee notes that both of these forms permit an inspector to note the number of employees found to be under the age of 18 at the time of inspection. The Committee notes the Government’s statement that the formal sector is well monitored, though monitoring of the informal sector has proven to be more challenging. The Committee notes the information in the Government’s report that, pursuant to section 43(2) of the Education Act, school attendance officers are empowered to take measures to enforce school attendance. The Committee also notes the Government’s information that the Child Care Board investigates all reported cases of child labour. The Committee requests the Government to provide information on the number of cases involving children and young persons under 18 investigated by labour officers, the Child Care Board, the factory and shops officers, as well as to supply copies of any reports of such inspections.

Part V of the report form. Application of the Convention in practice. The Committee previously requested the Government to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons and information on the number and nature of violations detected involving children and young persons. The Committee notes the Government’s statement that inspectors have not found any school-age children to be in full time employment. The Committee requests the Government to provide information on the manner in which the Convention is applied, particularly on the number of children by age group who are engaged in part-time work, including their working conditions and the number of hours worked. The Committee further requests the Government to continue to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons and information on the number and nature of violations detected involving children and young persons.