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

Minimum Age Convention, 1973 (No. 138) - Republic of Moldova (Ratification: 1999)

The Committee notes the information sent by the Government in its reports. It notes with interest that the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 14 June 2002.

Article 1 of the Convention. The Committee notes that, according to a report produced in 2000 by UNICEF (Multiple Indicator Cluster Survey, Republic of Moldova - 2000, p. 24), 2 per cent of children aged 5-14 years are engaged in paid work, and about 10 per cent carry out unpaid work for someone other than a household member. The Committee requests the Government to provide information on the policy and methods followed to ensure the abolition of child labour.

Article 2, paragraph 1. Scope. The Committee notes that under section 11(1) of the 1994 Child Rights Act, No. 127, children may carry out such work on an independent basis as their age, state of health and vocational training allow. The Committee reminds the Government that the Convention covers all forms of work or employment, including self-employment. It therefore asks the Government to specify the minimum age for self-employment.

2. Minimum age for admission to employment or work. The Committee notes that, according to section 46(2) of the Labour Code of 2003, a person is able to work after attaining the age of 16 years. It notes, however, that section 46(3) of the Labour Code allows children of over 15 years of age to conclude work contracts provided that this does not impair their health, education, development, or vocational education or training. The Committee reminds the Government that on ratifying the Convention it declared 16 years to be the minimum age for admission to employment and that, consequently, pursuant to Article 2, paragraph 1, of the Convention, children under that age may not be admitted to work except for light work, which may be undertaken in the conditions set out in Article 7 of the Convention. The Committee requests the Government to take the necessary measures to ensure that no one under the age of 16 years may be admitted to employment or work in any occupation.

Article 3, paragraph 2. Determination of dangerous work. The Committee notes that section 255 of the Labour Code prohibits the employment of children under the age of 18 years in dangerous work, underground work or work that may impair the health or morals of minors. The provision cites, as examples of work that may impair the morals of minors, work carried on at night in nightclubs or bars, the transport and buying and selling of spirits, tobacco, narcotics and toxic substances. Section 255 provides that a list shall determine the work to be treated as dangerous and the rules on maximum weights which may be lifted by minors in the course of the manual transport and lifting of objects. The Committee notes that according to the Government a list of industries, occupations and dangerous jobs prohibited for children of under 18 years was approved by Government Decision No. 562 of 7 September 1993 and that the weights authorized for the lifting and manual transport of loads will be drawn up following the entry into force of the Labour Code (1 October 2003). The Committee requests the Government to provide a copy of the list of dangerous jobs and of the text setting the maximum loads that may be transported and lifted by minors as soon as it is adopted.

Article 6. Apprenticeship. The Committee notes that under section 11 of the 1994 Child Rights Act, No. 127, children of over 14 years of age may be admitted to work with their parents’ consent provided that the work is combined with studies. The Committee reminds the Government that Article 6 of the Convention provides that the latter does not apply to work done by children of at least 14 years of age where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, and is an integral part of a course of education or training or a programme of training approved by the competent authority and carried out mainly or entirely in an undertaking, or a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee requests the Government to clarify the meaning of section 11 of the Child Rights Act, stating in particular whether it means that children of over 14 years of age may work in an undertaking when the work is a part of education or training. It also asks the Government to state under what conditions such children are admitted to work and to indicate what provisions govern training.

Article 7, paragraphs 1 and 2. Light work. The Committee notes that, under section 11(2) and (3) of the Child Rights Act, No. 127, children of over 14 years of age may work if the work is combined with study and on condition that it does not impair their health, education, or physical, mental, spiritual or social development. The Committee reminds the Government that, under Article 7, paragraph 1, national laws or regulations may permit the employment of persons 13 to 15 years of age on 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. The Committee further reminds the Government 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 requests the Government to state whether there is a list of the jobs permitted under section 11(2) and (3) of the 1994 Child Rights Act, No. 127 and, if so, to provide a copy of it. Noting that sections 96 and 100 of the Labour Code prescribe the number of hours during which work may be undertaken, it also asks the Government to indicate whether the competent authority has determined the conditions of employment of the work in question.

Article 9, paragraph 1. Penalties. The Committee notes that, according to the Government, the provisions of section 41 of the Administrative Offences Code sets the amount of fines for breaches of the labour legislation. The Committee notes that the fine for breach of the labour legislation is equal to 70 times the amount of the minimum wage in the case of adult workers, but only 20 times the minimum wage in the case of children. The Committee asks the Government to provide information on the different penalties imposed in respect of adults and children for breaches of the labour legislation, and to provide a copy of the Administrative Offences Code. The Committee further notes the Government’s reference to the provisions of the Penal Code of 2002 and particularly section 138, under which breach by persons in positions of responsibility of the labour legislation and of the rules governing the protection of work is punishable by a fine equal to 150 times the minimum wage or by removal from office, and in the event of recurrent breach, by three years’ imprisonment or a fine equal to 300 times the minimum wage. The Committee requests the Government to provide a copy of the provisions of the Penal Code of 2002 that establish the penalties for breach of the labour legislation.

Article 9, paragraph 3. Employers’ registers. The Committee notes that in its report for 2001 the Government indicates that a list of employees which must record the birth date of each employee is kept in enterprises, institutions and organizations. Recalling that, under Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers to be kept and made available by the employer, and such registers shall contain the names, ages or dates of birth of employees, the Committee asks the Government to state which text provides for the maintenance of a list of employees and to provide a copy of it.

Part V of the report form. The Committee notes with interest that in its report for 2001 the Government stated that, according to the Statistics Department, there were 52,000 workers aged from 15 to 18 years. In its report for 2003 it indicates that, according to the Department of Statistics and Sociology, 26,000 persons aged from 15 to 17 years worked in 2002. The Committee requests the Government to continue to provide general information on how the Convention is applied in practice including, for example, statistical data on the employment of children and young persons, particularly children under 15 years of age, the sectors in which they are employed, extracts of labour inspection reports, and details of the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress in the adoption or revision of its legislation. It reminds the Government in this connection that it may seek technical assistance from the International Labour Office in order to bring its legislation into line with the Convention.