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

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

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that, by virtue of section 7(1) and (2) of the Labour Act, it is prohibited to "enter into an agreement" with a child under 15 years of age. It also noted that an agreement refers to "a contract of employment, whether oral or written, implied or express" (section 2 of the Labour Act). It had consequently noted that the Labour Act excludes self-employment from its scope of application.

The Committee notes the Government’s indication that, for the time being, the scope of application of the Labour Act will not be extended to self-employed children considering the foreseeable difficulties for the detection, monitoring and enforcement of legal provisions in this type of employment. Indeed, the Committee observes that the Labour Act, which was amended in April 2004, does not contain provisions regarding the protection of self-employed children. The Committee reminds the Government that the Convention applies not only to work performed under an employment contract, but to all types of work or employment, including self-employment. The Committee notes that the Government  did not, at the time of ratification, avail itself of the possibility to exclude limited categories of employment in respect of which special and substantial problems of application arise, in accordance with Article 4, paragraph 1, of the Convention. The Committee accordingly requests the Government to take the necessary measures to ensure that self-employed children benefit from the protection laid down in the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had noted the Government’s indication that the programme "Zone d’Education Prioritaire" was launched in 2003 to cater for children in deprived regions and reduce the number of school drop-outs. It had also noted that the school leaving age was 13 years, whereas the minimum age specified by Mauritius for admission to employment or work was 15 years.

The Committee notes, with interest, that the Education Act was amended by Act No. 44 of 8 December 2004 to extend compulsory schooling to 16 years of age (section 37 of the Education Act as amended). It also notes the Government’s indication that consideration is being given to the possibility of raising the minimum age for admission to employment to 16. It further observes that the amendment made to the Labour Act in 2004 did not concern the minimum age for admission to employment, which remains at 15 by virtue of section 5.

The Committee is of the view that compulsory education is one of the most effective means of combating child labour and it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If young persons are legally entitled to work before the end of completion of compulsory schooling, children from poor families might be tempted to drop out of education and work in order to earn money [see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, and Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140]. The Committee therefore considers it desirable to ensure that the minimum age for admission to employment is not lower than the age of completion of compulsory education.

Noting that the minimum age for admission to employment is less than the age of completion of compulsory schooling, the Committee encourages the Government to take the necessary measures to raise to 16 the minimum age for admission to employment in order to link it with the age of completion of compulsory schooling in conformity with Article 2, paragraph 3, of the Convention.

Article 6. Apprenticeship. The Committee notes the Government’s indication that the Industrial and Vocational Training Board, pursuant to the adoption of the Education (Amendment) Act of 2004 which raises the age of completion of compulsory schooling to 16, has initiated action for the amendment of the Industrial and Vocational Training Regulations of 1994 in order to raise the minimum age for admission to apprenticeship to 16. The Committee takes due note of this information.

Article 9, paragraph 3. Registers. In its previous comments, the Committee had noted that, by virtue of sections 48 and 49 of the Labour Act, an employer who has 15 or more workers should keep a register of workers. It had also noted the Government’s indication that discussions were ongoing concerning the Labour Act amendments. The Committee observes that the Labour Act was amended in 2004 but sections 48 and 49 of the Labour Act remain the same. The Committee accordingly urges the Government to take, without delay, the necessary measures to ensure that, in conformity with Article 9, paragraph 3, of the Convention, all employers, regardless of the number of workers they employ, are obliged to keep registers that shall contain the names and ages or date of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age.