Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Age Convention, 1973 (No. 138) - Ukraine (Ratification: 1979)

The Committee takes note of the Government’s reports. It notes the adoption of Act No. 2402-III of 26 April 2001 on the protection of the child, and Act No. 2558-III of 21 June 2001 concerning social work for children and young people.

Article 2 of the Convention. 1. Scope of the Convention. In its previous comments, the Committee noted that section 3(1) of the Labour Code excludes self-employment from the scope of the Code. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. It asks the Government to provide information on the manner in which the protection established by the Convention is ensured for children engaged in an economic activity on their own account.

2. Minimum age for admission to employment or work. With reference to its previous comments, the Committee notes that under section 197(1) of the Labour Code, a first job for at least 2 years must be ensured for young citizens "of sound constitution" who are aged from 15 to 28 years and have completed their schooling or vocational training. It also notes that under section 188(2) of the Labour Code, children of 15 years of age may, exceptionally, be authorized to work with the consent of their parents or parent substitutes. The Committee observes that the above provisions of the Code allow young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years. It reminds the Government that according to Article 2, paragraph 1, of the Convention no one of an age lower than the minimum age for admission to employment or work specified upon ratification of the Convention shall be admitted to employment or work in any occupation. The Committee requests the Government to take the necessary steps to ensure that no one under the age of 16 may be admitted to employment or work in any occupation. It also asks the Government to provide information on the practical effect given to section 197(1) of the Labour Code and to indicate the number of permits granted pursuant to section 188(2) of the Labour Code.

3. Age of completion of compulsory schooling. The Committee notes from the information supplied by the Government in its second periodic report submitted to the Committee on the rights of the child in 1999 (CRC/C/70/Add. 11, paras. 52 to 99), the law on education and the 1996 Constitution of Ukraine provide that full general secondary education is compulsory through 11 grades, i.e. up to the age of 17 years. The Committee notes, however, that at the 822nd meeting of the Committee on the Rights of the Child held in September 2002, the Government representative stated that education is free and compulsory for all children of 6 to 12 years of age (CRC/C/SR.822, paragraph 51). The Committee therefore asks the Government to specify the age of completion of compulsory schooling in force in Ukraine and to provide a copy of the relevant national legislation.

Article 3, paragraphs 1 and 3, and Article 6. Further to its previous comments, the Committee recalls that Article 3, paragraph 1, of the Convention prohibits the admission of young persons under 18 years of age to any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals. It further recalls that Article 3, paragraph 3, of the Convention allows the employment or work of young persons 16 to 18 years of age on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. Furthermore, Article 6 of the Convention provides that work done by children in schools and other training institutions is excluded from the scope of the Convention only if the conditions in which it is carried out meet the requirements set by the competent authority after consultation with the organizations of employers’ and workers’. In the absence of any reply from the Government, the Committee again requests it to indicate whether Order No. 283/P-9 of 10 September 1980 is still in force and, if so, to provide information on the effect given to its section 3, which allows work that includes harmful tasks to be carried out for training purposes by persons over the age of 15 years.

Article 7, paragraphs 1 and 3. With reference to its previous comments, the Committee notes that section 188(3) of the Labour Code provides that, in order to teach young people to work productively, students in general, vocational and technical education or specialized secondary education may perform light work for remuneration during their leisure hours provided the consent of one of their parents or parent substitutes is obtained and on condition that it does not harm their health or interrupt their schooling. In its subsequent reports, the Government stated that authorization to perform such activities may be granted to young persons of over 14 years of age. The Committee reminds the Government to under Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of persons 13 to 15 years of age in light work, provided that it is not likely to be harmful to their health or development and is 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. It further recalls that under Article 7, paragraph 3 of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee asks the Government to indicate whether the national legislation contains provisions establishing this minimum age for admission to light work and, if so, to provide copies thereof. It further requests the Government to indicate the activities in which employment on light work may be authorized under section 188(3) of the Labour Code and to provide information on the requirements prescribed for such activities, particularly the number of hours during which and the conditions in which they may be undertaken.

Article 8. With regard to the participation of young people in artistic performances, the Committee notes the information contained in the Government’s additional report of 2001 to the effect that the legislation in force does not provide for young persons under the age of 14 years to be employed in artistic performances. The Committee requests the Government to indicate whether, in practice, young persons participate in activities such as artistic performances and, if so, to provide information on the types of activities in which they participate, particularly the number of hours during which and the conditions in which they may be undertaken.

Part V of the report form. The Committee notes the statistical information supplied by the Government in its reports for 2002 and 2003. It notes in particular that, according to a survey of 9.2 million children aged from 5 to 17 years, 35,000 (3.8 per cent) were economically active. In the 15-17 age group the activity rate was high, amounting to 52 per cent, while in the 13-14 age group, the activity rate was 24 per cent. The Government further indicates that in 94 per cent of cases the nature of the work was physical, easy and required no training. Furthermore, 74 per cent worked on a temporary or constant basis, 21 per cent during school holidays and 5 per cent worked only once. The main activities carried out by children include work during the sowing season in grain fields or silos, crop weeding and the collection of harvested fruits and vegetables; the herding of animals at pasture; the execution of auxiliary tasks in construction. The statistical data in the Government’s report show that most of the children worked in the agricultural sector (46 per cent), commerce (26 per cent), service provision (19 per cent) and, to a lesser extent in industry (5 per cent) and construction (4 per cent). The Committee requests the Government to continue providing information on the manner in which the Convention is applied including, for example, statistical data on the employment of children and young persons particularly in the agricultural sector, extracts from the reports of the inspection services and details of the number and nature of the contraventions recorded.

The Committee requests the Government to provide a copy of the Act on the authorities and departments competent for matters relating to minors and special institutions for minors.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.