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Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Minimum Age Convention, 1973 (No. 138) - El Salvador (Ratification: 1996)

Other comments on C138

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Article 7 of the Convention. Minimum age for light work. The Committee notes that under section 87 of the new Crecer Juntos (growing together) Act, the employment of persons under the age of 14 years may be permitted on an exceptional basis, provided that the following conditions are met: (a) that it is essential for their livelihood or that of their family; (b) that it does not involve the performance of any of the worst forms of child labour and respects the regulations regarding working hours, work schedules and working conditions laid down in the Constitution, the law and international treaties; and (c) that it allows them to fully exercise their rights, particularly their rights to education, play and recreation. The Committee notes that, although section 114 of the Labour Code establishes a minimum age of 12 years for light work, the Crecer Juntos Act does not set a minimum age for this exception to the prohibition on work for children under 14 years of age. The Committee therefore recalls that, under Article 7(1) of the Convention, the national legislation must establish a minimum age for admission to light work, and that, under Article 7(4), Member States which have specified a general minimum age for admission to employment or work of 14 years are permitted to substitute a minimum age for admission to light work of 12–14 years for the usual minimum age of 13–15 years (see 2012 General Survey on the fundamental Conventions, paras 389–393). In order to ensure legal certainty, the Committee encourages the Government to harmonize the Crecer Juntos Act with the Labour Code, so that section 87 of the Crecer Juntos Act also sets the minimum age for light work at 12 years.
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