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

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

Article 1 of the Convention. The Committee had previously asked the Government to provide information on the policy and methods followed to ensure the abolition of child labour. The Committee notes that the Republic of Moldova has developed a National Concept for the Protection of the Rights of the Child and Family (2002) and a Strategy for the Protection of the Child and Family (2003) which, among others, include the following tasks: to ensure social protection of the family and children at the national and local levels; to develop and harmonize legislation on child rights protection and to ensure application of relevant international standards; to create and develop national and local systems for monitoring the situation of children; and to ensure the social integration of children who need special protection. The Committee takes due note of this information.

Article 2, paragraph 1. 1. Scope of application. The Committee had previously noted 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. Recalling that the Convention covers all forms of work or employment, including self-employment, the Committee had asked the Government to specify the minimum age for self-employment. The Committee notes that the Government’s report contains no information on this point. It also notes that section 46 of the Labour Code, which sets up the minimum age for employment, only applies to individual labour contracts. In this regard, the Committee reminds the Government that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, including work performed by children and young persons in the absence of a contractual employment relationship. The Committee therefore requests the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed to children carrying out an economic activity that is not covered by a labour contract, such as self-employment.

2. Minimum age for admission to employment or work. In its previous comments, the Committee had noted that, according to section 46(2) of the Labour Code, a person is able to work after attaining the age of 16 years. However, it had noted that section 46(3) of the Labour Code allows children of over 15 years of age to conclude work contracts with the written permission of their parents or legal representatives, provided that this does not impair their health, education, development, or vocational education or training. The Committee had reminded 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 had requested 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. Noting the absence of information on this point, the Committee once again requests the Government to take the necessary measures so as to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that, pursuant to section 255(2) of the Labour Code, a list of the types of hazardous work forbidden for persons under the age of 18, as well as the rules on maximum weights which may be lifted by this category of persons, was approved by the Government. It had requested 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. The Committee notes that the hazardous types of work have been determined by a list, approved by Government Decision No. 562 of 7 September 1993. The list includes types of work that are performed in 32 branches of the economy, in particular, underground work, metallurgical manufacture, work with electric power, petrochemical manufacture, microbiological manufacture, work in the industry of building materials, manufacture of glass and products from glass. The Committee asks the Government to provide a copy of the text setting the maximum loads that may be transported and lifted by persons under the age of 18.

Article 6. Apprenticeship. The Committee had previously noted that, under section 11 of the Child Rights Act, 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 had reminded 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 had requested 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 had also asked the Government to state under what conditions such children are admitted to work and to indicate what provisions govern training. The Committee notes the Government’s information that the national legislation provides for the possibility of vocational training at enterprises for secondary school pupils. It also notes the Government’s indication that, according to the Law on Education, vocational training for secondary school pupils is performed on a contract basis at state or private enterprises. The Committee asks the Government to provide a copy of the Law on Education.

Article 7, paragraph 3. Determination of light work. The Committee had previously noted that, under section 11(2) and (3) of the Child Rights Act, children of over 14 years of age may work if the work is combined with studies and on condition that it does not impair their health, education, or physical, mental, spiritual or social development. The Committee had reminded 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. It had requested 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 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, the Committee had also asked the Government to indicate whether the competent authority has determined the conditions of employment of the work in question. The Committee notes the absence of information on this point. It once again requests the Government to indicate whether the competent authority has determined the light work activities and prescribed the conditions in which such employment or work may be undertaken.

Article 9, paragraph 1. Penalties. The Committee had previously noted that, according to the Government, the provisions of section 41 of the Administrative Offences Code set the amount of fines for breaches of the labour legislation. The Committee once again asks the Government to provide a copy of the Administrative Offences Code.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted the Government’s indication 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 had asked the Government to state which text provides for the maintenance of a list of employees and to provide a copy of it. Noting the absence of information on this point, the Committee once again asks the Government to identify and provide a copy of a text which provides for an obligation of the employer to keep registers of employees under the age of 18 who work for him/her.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that, in general, in the Republic of Moldova, the provisions of the Convention are being applied in satisfactory manner and no cases of flagrant violations of the provisions of the Convention have been registered. It also notes that, according to the data submitted by the National Bureau of Statistics, out of 1,316,000 people occupied in economic activity in 2004, 11,700 were aged 15-17 years. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts of labour inspection reports and details of the number and nature of contraventions reported.