Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 6 of the Convention. Apprenticeship. The Committee had previously noted that a draft law on professional education, which provides for apprenticeship upon completion of nine grades of education, would be adopted by the end of 2006. The Committee notes with interest that the Law on professional education which provides for the vocational training and apprenticeship for children over 15 years was adopted on 28 March 2007. The Committee also notes that the state programme on the development of professional training infrastructure has been launched with special emphasis on the successful integration of young people into the labour market. The Committee requests the Government to supply the relevant provisions of the Law on professional education of 2007.

Article 8. Artistic performances. The Committee had previously noted the information contained in the report of the Committee on the Rights of the Child (CRC/C/41/Add.4, 1997, paragraph 13) that, under certain conditions, children under 15 years of age may be engaged in artistic activities, such as the circus or the cinema. It had also noted the Government’s statement that the Georgian legislation does not provide for the granting of permits for activities such as artistic performances. The Committee had requested the Government to indicate the measures adopted or envisaged to ensure that approval for young persons below 15 years to take part in artistic performances is granted through permits prescribing the hours and conditions of such work. The Committee notes the Government’s statement that the working conditions of young persons in all spheres, including artistic performances, are well protected under the Labour Code and therefore no separate method of issuance of permits for artistic performances has been set up. Moreover, the Committee notes that, according to section 4(3) of the Labour Code, a labour contract can be concluded with an under age below 14 years only for work related to sport, art, cultural and advertising activities. The Committee once again reminds the Government that under Article 8, paragraph 1, of the Convention, the competent authority may, as an exception to the minimum age for admission to employment or work of 15 years specified by Georgia, and after consultation with the organizations of employers and workers concerned, allow, by permits granted in individual cases, participation in activities such as artistic performances. It also reminds the Government that, under the terms of Article 8, paragraph 2, permits so granted shall limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to ensure that approval for young persons below 15 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number and hours during which, and the conditions in which, such employment or work is allowed.

Article 9, paragraph 1. Penalties. Following its previous comments, the Committee notes the Government’s information that, by virtue of section 42(4) of the Code of administrative offences of Georgia, an employer who violates the provision related to the minimum age of employment can be fined up to 200 times the minimum age. The Committee requests the Government to provide a copy of the provisions of the Code of administrative offences which lays down penalties for the violation of the minimum age provisions. Having previously noted the Government’s statement that, according to the new Labour Code, the Labour Inspectorate stands abolished, the Committee requests the Government to indicate the effective manner in which the provisions giving effect to the Convention are enforced.

Article 9, paragraph 3. Keeping of registers by employers. Following its previous comments, the Committee notes the Government’s information that the employers are required to keep records on personal information such as the name, age and other details of his/her employees, including those under the age of 18 years. The Committee requests the Government to indicate the legal provisions which lay down the above requirements and to provide a copy of the same.

Part V of the report form. Practical application of the Convention. Following its previous comments, the Committee notes the Government’s information that the workshop of ILO/IPEC, held in 2006, discussed the existing child labour situation and identified the problems related to child labour data collection. The Committee requests the Government to provide information on the results of the ILO/IPEC seminar on child labour data collection methodologies. It also 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, extracts from inspection services reports, information on the number and nature of contraventions reported, etc., even if such data is in the early stages of compilation.