Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Minimum Age Convention, 1973 (No. 138) - Mauritius (Ratification: 1990)

The Committee notes the Government's first report on the application of the Convention. However, it would be grateful if the Government could provide additional information on the following points.

Article 2, paragraph 1, of the Convention. Section 7, subsection 1, of the Labour Act prohibits any person to enter into an agreement with a child, whereas this provision of the Convention prohibits not only employment, but any kind of work under the specified minimum age. The Committee asks the Government to indicate what measures have been taken to prohibit, apart from formal employment, any kind of work of children.

Article 2, paragraph 3. The Government has provided no information on the age of completion of compulsory schooling. The Committee asks the Government to provide the requested information.

Article 3, paragraph 2. The types of employment or work which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons shall be determined after consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on consultations when determining such types of employment or work, especially as far as section 12 of the Field-crop and Orchard Workers Regulations, section 28 of the Occupational Safety, Health and Welfare Act and section 49 of the Merchant Shipping Act are concerned.

Article 3, paragraph 3. The Committee notes that the lower age limit set by section 7(2)(c) of the Labour Act, and by section 49 of the Merchant Shipping Act, authorizing work of young persons between 15 and 18 years of age on board ship, is one year below the limit set by this provision of the Convention. Furthermore, in both cases, the legislation makes no mention of the required adequate specific instruction or vocational training which young persons admitted to dangerous work are supposed to receive under the Convention. Please supply the required information concerning instruction or vocational training.

Under section 28 of the Occupational Safety, Health and Welfare Act, a young person between the age of 15 and 18 years may work at a machine, specified to be dangerous in the Third Schedule of the Act. Again, the lower age limit is one year below the limit set by the Convention.

The Committee hopes that the national legislation concerning the minimum age of the young persons concerned will soon be adjusted to be in conformity with this provision of the Convention.

Article 9, paragraph 3. Under sections 48 and 49 of the Labour Act, an employer who has 15 or more workers in his employment is obliged to keep a register of workers, containing the names and ages of workers, whereas the Convention requires every employer to keep a register of persons whom he employs or who work for him and who are less than 18 years of age. The Committee hopes that the national legislation will soon be brought into conformity with the Convention on this requirement. Please also provide the Office with a model of the register in question.