Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report and the comments of the Georgian Trade Unions Confederation (GTUC) dated 30 August 2006. It requests the Government to provide further information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes the comments made by the GTUC, that according to UNICEF estimates 30 per cent of the children between the ages of 5 and 15 years work in Georgia. There are reports of children between the ages of 7 and 12 years working on the streets of Tbilisi, in markets, carrying or loading wares, selling goods in underground carriages, as well as at different fairs and railway stations. Moreover, according to information provided to the GTUC by the trade union of agricultural workers, child labour is widely used in the agricultural sector at harvest time in the following regions: Bolnisi area (Sarachlo and Pahralo villages), Marneula area (Gomargweba and Hesil-Adglo villages), and Tsalka and Ahalkalaki areas. The Committee notes the Government’s indication that self-employment is not regulated by the legislation of Georgia. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of work or employment. The Committee therefore requests the Government to provide information on the manner in which the protection afforded by the Convention is secured for children who work in the agricultural sector as well as those children working on their own account.

Article 3, paragraph 1. Age of admission to hazardous work. The Committee notes the comments by the GTUC, that hard, unhealthy and hazardous work is prohibited for children below the age of 16, while Convention No. 138 obliges the national authorities to stipulate the minimum age of 18 years for admission to hazardous work. The Committee notes the Government’s statement that, by virtue of the legislation in force, under-age persons means persons under the age of 18 years. The Committee also takes note of the Government’s statement that the employers’ and employees’ representative organizations collaborated in the discussions of the new Labour Code. The Committee notes that, by virtue of section 4(5) of the new Labour Code (entered into force on 4 July 2006), it is prohibited to conclude a contract with under-age persons for hard, unhealthy and hazardous work. Section 4, subsection (4), of the Labour Code prohibits under-age persons from entering into a contract for work related to the gambling business, night entertainment institutions, pornography production and the production and conveyance of pharmaceutical and toxic substances. It notes that section 18 of the Labour Code prohibits the employment of minors for night work (from 10 p.m. to 6 a.m.). The Committee requests the Government to indicate which legal provision defines under-age persons as persons under the age of 18 years and to provide a copy thereof.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes the Government’s information that, under the new Labour Code, a draft list of hard, harmful and hazardous work has been elaborated. The draft list is currently passing through in-state procedures, upon completion of which it should be adopted. The Committee notes the Government’s statement that the draft list has been sent to employees’ and employers’ organizations for approval. The Committee also notes that section 54(1)(b) of the Labour Code provides that the Georgian Ministry of Labour, Health and Social Affairs should elaborate and adopt the list of hard, hazardous and dangerous jobs, and the labour safety rules within four months after the law enters into force. The Committee asks the Government to inform it on the progress made in adopting the list of hazardous types of work and to provide a copy thereof, as soon as it has been adopted.

Article 7, paragraphs 1 and 3. Light work and determination of light work. The Committee notes the comments by the GTUC that the hours of work of young workers are not limited. As per section 14 of the Labour Code, if parties do not agree otherwise, a working week shall not exceed 41 hours, which is also applicable to young workers. The Committee notes the Government’s information that an extended list of light work no longer exists in the Georgian legislation and that it does not limit the working hours for persons from 13 to 15 years of age. The Committee notes that, according to section 4(2) of the new Labour Code, persons below 16 years of age shall work with the consent of their lawful representative or guardian, if such labour relations do not conflict with the young persons’ interests, do not damage their moral, physical or mental development and do not limit their right and ability to obtain compulsory, elementary and basic education. The Committee also notes that, by virtue of section 4(3) of the Labour Code, a labour agreement with persons younger than 14 years of age can be made only on performance of work related to sports, arts and cultural activities or for advertisement activities. Therefore, the Labour Code seems to allow children between 14 and 16 years to perform light work under the conditions specified under section 4(2) of the Labour Code. The Committee recalls that according to 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 therefore requests the Government to indicate the measures adopted to determine the number of hours during which and the conditions in which light work may be undertaken by young persons above the age of 14 years.

 The Committee is also addressing a direct request to the Government concerning certain other points.