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

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

The Committee notes the Government’s report and requests it to supply further information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that, according to section 3 of the Labour Act dated 10 December 1999, this Act covers “labour relations” in the territory of Kazakhstan, which are defined 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 had stressed 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. Noting the absence of information on this point in the Government’s report, the Committee once again 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.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee had previously noted 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 types of prohibited work. The Committee notes the Government’s information under Convention No. 182 that, in pursuance of the provisions of section 15(2) of Act No. 528 on safety and security at work, the Ministry of Labour and Social Protection issued Order No. 45 of February 2005 “on the approval of the list of works and professions in the sphere of hard physical works and works with harmful (specifically harmful), hazardous (specifically hazardous) labour conditions at which it is prohibited to employ persons who do not attain 18 years of age”. This Order sets a comprehensive list of industries and occupations involving hard work or work in harmful working conditions in which the employment of persons younger than 18 years is prohibited. The Committee takes due note of this information.

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. Therefore, the Committee once again requests the Government to provide information on the system of vocational training and technical education. Furthermore, it once again asks the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeships.

Article 7, paragraph 3. Determination of light work. The Committee had previously noted 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 this does not harm their health or interrupt their studies. The Committee had also noted 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. It had further observed that, by virtue of section 46(1) of the same Act, workers aged from 14 to 16 shall not work more than 24 hours a week. The Committee observes, however, that the activities in which employment or work may be permitted as light work, seem not to have been determined by the competent authority pursuant to Article 7, paragraph 3, of the Convention. Therefore, the Committee once again requests the Government to indicate the measures taken or envisaged so that the national legislation determines the light work activities, which may be undertaken by children from 14 years and above.

Article 8. Artistic performances. The Committee had previously noted 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. It notes the Government’s statement that the legislation of the Republic of Kazakhstan does not envisage granting permits allowing exceptions in individual cases to the prohibition of work provided for in Article 2 of this Convention. The Committee further notes the Government’s information that children may participate in artistic performances within the framework of the school curriculum or of another public activity which poses no risk to their health and does not prejudice their attendance at school, to which parents (or guardians or trustees) have given their consent and which is in conformity with the requirements of the Labour Act (section 46(1)). The Committee takes due note of this information.

Article 9, paragraph 3.  Registers of employment. Noting the absence of information on this point, the Committee once again requests the Government to indicate the legal provisions that prescribe the registers that, in conformity with Article 9, paragraph 3, of the Convention, 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.

Part III of the report form. Following its previous comments, the Committee notes the Government’s information that pursuant to section 102 of the Labour Act, supervision of compliance with the labour legislation, including the implementation of the Convention, is exercised by state labour inspectors from the Ministry of Labour and Social Protection of the Population of the Republic of Kazakhstan in conformity with the regulations adopted through Decree No. 983 of 20 July 2001. It also notes the Government’s information that, for the purpose of ensuring state control of compliance with labour legislation and labour protection legislation, Decree No. 920 of 28 December 2000 provides for the setting up of local offices of the Ministry of Labour and Social Protection. Such offices were established in all regions of the country and in the cities of Astan and Almaty and have been functioning since 1 January 2001. These offices, amongst others, supervise the implementation of individuals’ constitutional rights to: freedom of labour; free choice of activity and occupation; working conditions meeting the requirements for labour safety and health; labour remuneration and social protection. They also forward to the appropriate law enforcement bodies information and material concerning breaches of the legislation or discrimination practices so that sanctions can be imposed on the persons found guilty. The Committee takes due note of this information.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted 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 Committee on the Rights of the Child 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. Noting the absence of information on this point, the Committee once again requests the Government to supply information on the measures taken or envisaged to undertake this survey, and its results. Moreover, it once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons and information on the number and nature of contraventions reported.