Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 138) sur l'âge minimum, 1973 - Pakistan (Ratification: 2006)

Article 4 of the Convention. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments the Committee noted that section 3 of the Employment of Children Act 1991 excludes from its scope work in family establishments. It also noted that section 16(c) of the draft Employment and Service Conditions Act 2009 contains a similar provision of excluding family enterprises from its scope. The Committee recalled that under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. The Committee requested the Government to indicate whether it intended to avail itself of the possibility provided in this Article.

The Committee notes an absence of information on this point in the Government’s report. Therefore, the Committee once again requests the Government to indicate whether it wishes to avail itself of the possibility to exclude work in family establishments from the scope of the Convention, in accordance with Article 4(1). If so, it requests the Government to provide information on consultations held with employers’ and workers’ organizations in this regard.

Article 6. Vocational training and apprenticeship. The Committee previously noted that section 3 of the Employment of Children Act 1999, concerning the prohibition of work for persons under the age of 14 in certain processes, did not apply to work performed in the context of schools established, assisted or recognized by the Government. The Committee requested the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeships.

The Committee notes that section 3 of the draft Employment Conditions and Services Act 2009 defines an apprentice as a person who is employed (whether for the payment of wages or not) for the purpose of being trained in any trade, craft or employment. However, this legislation does not appear to prescribe a minimum age for admission to such training. The Committee recalls that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 years in enterprises within the context of an apprenticeship programme. The Committee therefore requests the Government to indicate the minimum age applicable for admission to apprenticeships.

Article 7. Light work. The Committee previously noted that there were no legal provisions allowing or regulating light work for children of 12 to 14 years. It noted, however, that according to the statistical data of the ILO (based on the national child labour survey conducted in 1996 by the Federal Bureau of Statistics) about 3.3 million children between the ages of 5 and 14 are economically active in Pakistan. It requested the Government to indicate the measures taken or envisaged to determine light work activities that may be carried out by young people aged between 12 and 14.

The Committee notes that pursuant to section 3 of the Employment of Children Act 1991, work for children (persons under 14 years of age) is prohibited in certain occupations and processes. It also notes that sections 7(2) and 7(3) of the Employment of Children Act, 1991, provide that children shall not work for more than three hours without a one-hour break, and that this work shall not exceed seven hours a day, inclusive of the rest period. However, the Committee observes that this legislation does not appear to prescribe a minimum age for this work permitted to children. The Committee therefore reminds the Government that, by virtue of Article 7(1) and (4) of the Convention, national laws or regulations may permit children from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance in 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 therefore requests the Government to take the necessary measures to ensure that the performance of light work is only permitted from the age of 12 years.