Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Minimum Age Convention, 1973 (No. 138) - Kazakhstan (Ratification: 2001)

The Committee notes the Government’s first report. It also notes the adoption of Act No. 493-1 on "Labour in the Republic of Kazakhstan", dated 10 December 1999 (hereinafter referred as to the Labour Act). The Committee notes with interest that Kazakhstan ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 26 February 2003. The Committee requests the Government to provide additional information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the information provided by the Government according to which reforms of labour relations are part of "Kazakhstan 2030", a long-term development strategy, and that Kazakhstan has passed a series of legislative acts to regulate standards in the area of working conditions. It also notes the creation of the Council on Youth Affairs set up in July 2000, as a consultative body within the Government. Furthermore, the Committee notes with interest the Government’s Decree of 11 March 2004 on the creation of an Interdepartmental Commission on matters relating to the protection of children’s rights and interests. The Committee requests the Government to continue providing information on the national policies designed to ensure the effective abolition of child labour, and on the results attained.

Article 2, paragraph 1. 1. Scope of application. The Committee notes that section 3 of the Labour Act provides that it shall cover labour relations, which are defined in section 1 of the Labour Act as the relations arising between the employer and the worker as regards any labour activity exercised by the parties on the basis, as a rule, of individual contracts of employment and collective agreements. The Committee stresses that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. The Committee requests the Government to provide information on the manner in which children working outside an employment relationship are guaranteed the protection afforded by the Convention.

2. Minimum age for admission to employment or work. The Committee notes that according to section 11(1) of the Labour Act, persons aged 16 or over may sign individual contracts of employment. The Committee notes however that section 11(2) of the Labour Act specifies that persons who have completed their secondary education or left an institution of general education may be employed at the age of 15, provided that they have the consent of their parents, guardians or trustees. The Committee reminds the Government that upon 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.  It therefore requests the Government to indicate in its next report any measures taken or envisaged to ensure that no one under 16 years of age may be admitted to  employment or work in any occupation.

Article 2, paragraph 3. Compulsory education. The Committee notes with interest that according to section 24 of the Education Act of 1999, education is compulsory from the age of 6 and lasts 10 years. Compulsory education is thus completed by the age of 16 years, which corresponds to the specified minimum age for admission to employment or work.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that according to section 11(5) of the Labour Act, no person under 18 may be employed in physically demanding work or work which is harmful and/or dangerous. It notes, however, that this prohibition does not include work likely to jeopardize the morals of young persons. The Committee recalls that Article 3, paragraph 1, of the Convention provides that the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee requests the Government to indicate whether the national legislation contains provisions prohibiting young persons under the age of 18 from being employed in types of work likely to jeopardize their morals, in accordance with Article 3, paragraph 1, of the Convention.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that section 15(2) of Act No. 528 on safety and security at work provides that relevant authorities in cooperation with the Public Health Authority should specify the list of prohibited work. The Committee reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to provide information regarding progress towards the adoption of the text which would contain a list of activities and occupations to be prohibited to persons below 18 years of age, in accordance with Article 3, paragraphs 1 and 2, of the Convention. It also requests the Government to provide information on the consultations held with organizations of employers and workers concerned on this subject. The Committee asks the Government to provide a copy of this text once it has been adopted.

Article 6. Vocational training and apprenticeship. The Committee notes that the Government’s report contains no information on the system of vocational training and apprenticeship. It requests the Government to provide information on the system of vocational training and technical education, conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned for work done by children authorized as part of vocational or technical education. The Committee also requests the Government to indicate if the national legislation provides for apprenticeship programmes, and if so, to provide information on the minimum age for apprenticeships, and on the conditions governing work done by apprentices.

Article 7, paragraph 3. Determination of light work. The Committee notes that section 11(3) of the Labour Act permits the employment of minors of 14 years and above during their spare time with the consent of one parent, guardian or trustee, if it does not harm their health or interrupt their studies. The Committee also notes that section 46(1) of the Labour Act specifies that workers aged from 14 to 16 shall not work more than 24 hours a week. It observes that under sections 48(3) and 49(3) of the Labour Act, persons under 18 may not perform night work (i.e. 10 p.m. to 6 a.m. according to section 48(1) of the Labour Act) or overtime work. Moreover, the Committee notes that, according to section 13(2) of the Act on Safety and Security at Work, persons aged under 18 may only be employed after a preliminary medical examination, and must thereafter undergo a compulsory annual medical examination until they reach the age of 18. However, the Committee 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 as light work. The Committee therefore requests the Government to indicate the measures taken or envisaged so that national legislation determines the light work activities which may be undertaken by children from 14 years and above. It also requests the Government to indicate the conditions in which light work is currently performed, particularly the nature of the work and the number of hours for which it is performed.

Article 8. Artistic performances. The Committee notes the Government’s statement that no use has been made in Kazakhstan of the exceptions permitted by this Article, and that minors are only allowed to participate in performances as part of a school educational programme. The Committee requests the Government to indicate whether, in practice, young persons participate in activities such as artistic performances other than within the context of a school educational programme, 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 such activities may be undertaken.

Article 9, paragraph 3. Registers of employment. The Committee requests the Government to indicate the legal provisions that prescribe the registers or other documents which shall be kept and made available by the employer; and which must contain the names and ages or dates 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, in conformity with Article 9, paragraph 3, of the Convention.

Part III of the report form. The Committee notes with interest the information provided by the Government according to which the Act "On Social partnership in the Republic of Kazakhstan" making provision for the establishment of an effective mechanism to regulate social, labour and associated economic relations, has been discussed by a national tripartite commission on social partnership. The Committee requests the Government to indicate whether this text has been adopted, if so, to supply a copy of it, and to provide information on its application.

Part V of the report form. Practical application of the Convention. The Committee notes the information contained in the report submitted by Kazakhstan to the Committee on the Rights of the Child in September 2002 /CRC/C/41/Add.13), according to which as market relations have developed, minors have begun to play an active role in the sphere of work. It also notes, according to the Government’s report to the Committee on the Rights of the Child, that at the same time, with the growth in the non-state sector of economy, particularly small private businesses, the number of young people in unregulated employment in the cities is rising, and it is not always possible to monitor respect for the labour rights and guarantees. Moreover, the Committee notes the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.213) according to which, concerned by young people participating in unregulated employment situations, particularly in the private sector, agriculture and at home, the CRC recommended that Kazakhstan undertake a national survey on the causes and extent of child labour with a view to adopting and implementing a national plan of action to prevent and combat child labour. The Committee therefore requests the Government to supply information on the measures taken or envisaged to undertake this survey, and its results. Moreover, the Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.