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

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

Article 1 of the Convention and Part V of the report form. National policy and practical application of the Convention. The Committee notes the Government’s information that the Agency of Statistics of Kazakhstan, with the assistance of UNICEF, USAID, the UN Population Fund and the ILO–IPEC, conducted a study which revealed that, in a country of approximately 6,456,100 children aged 5 to 15 years, 2.2 per cent of children aged 5 to 14 years are engaged in different forms of labour activities. The results of this study show that 0.5 per cent of the children in this age group are engaged in domestic work for at least four hours per day, 1 per cent work in family businesses and 1 per cent are engaged in unpaid labour activities outside of their households. Furthermore, it was revealed that children are more frequently engaged to work in urban areas, rather than rural areas, of Kazakhstan. Children have been found working the Kyzylordinsk (7.2 per cent) and Pavlodar (5.9 per cent) regions, as well as in the Aturusk (0.2 per cent), Karaganda (0.5 per cent) and Almaty (0.9 per cent) regions.

The Committee notes the Government’s information that, within the context of the recent economic development in Kazakhstan, child issues have been included as a priority in national policy. In this regard, the Committee notes the enactment of the new Labour Code of the Republic of Kazakhstan of 15 May 2007 (Labour Code), which provides for conditions and limits the use of child labour. Moreover, the Government indicates in its report that, in order to eliminate child labour and gradually raise the minimum age for employment, Kazakhstan is currently implementing several national social policies in which poverty is taken into account as being the main factor behind the employment of children. The Government also indicates that, at the July 2005 joint meeting of the ministries concerned (Ministry of Labour and Social Protection of Population, Ministry of Education and Science, Ministry of Internal Affairs, General Procurator’s Office, Ministry of Information and Ministry of Health), as well as of the social partners (Trade Union Federation of the Republic of Kazakhstan and Employers’ Confederation of the Republic of Kazakhstan) and of representatives of ILO–IPEC, a Working Plan to Eliminate Child Labour in Kazakhstan was agreed upon and signed. Furthermore, with the support of ILO–IPEC, a National Information Resource Centre was established in March 2007 at the Republican Research Institute on Labour Protection of the Ministry of Labour and Social Protection of Population, the task of which is to gather and disseminate information on child labour. The Committee also notes that the Union of Intellectual Women, with the collaboration of ILO–IPEC and the participation of the Government, representatives of the social partners and non-governmental organizations, has conducted two awareness campaigns entitled “12 days of combating child labour exploitation”, from 1 to 12 June 2006 and 2007. The Committee strongly encourages the Government to continue its efforts to combat child labour. It requests the Government to provide more concrete information on the Working Plan to Eliminate Child Labour in Kazakhstan and on the results attained, as well as on the impact of the other abovementioned measures on the effective elimination of child labour. Furthermore, it requests the Government to provide information on the statistics and data gathered by the National Information Resource Centre and to continue providing information on the application of the Convention in practice, including data on the employment of children, extracts of inspection reports, as well as the number and nature of contraventions reported and penalties imposed.

Article 2, paragraph 1. 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. The Committee notes that, by virtue of its sections 9(2) and 1(59), the new Labour Code applies to workers working in the territory of Kazakhstan and within the context of an employment relationship. The Committee further notes that the Government indicates, in its report, that the agriculture sector and the informal economy remain the principal fields in which child labour exists. Noting once again the absence of information on this point in the Government’s report, the Committee requests the Government to indicate whether the new Labour Code of 15 May 2007 applies to children working outside an employment relationship. If it does not, it requests the Government to take measures to ensure that children working outside an employment relationship benefit from the protection laid down by the Convention.

Article 6. Vocational training and apprenticeship. The Committee notes the Government’s information that the vocational guidance of students is considered by Kazakhstan as one of the main principles of policy in the field of education. The Government indicates that the terms and conditions of the training students undergo in enterprises are determined by agreement between schools and enterprises, in conformity with national legislation and, in particular, the Law on the Sanitary and Epidemiological Well-Being of the Population of 4 December 2002. The Committee notes, however, that the Government provides no information regarding the minimum age for entering an apprenticeship or vocational training programme. It recalls that Article 6 of the Convention authorizes work to be carried out in enterprises, within the context of such a programme, by persons aged at least 14. The Committee expresses the hope that Kazakh national legislation provides for a minimum age of at least 14 years for entry in an apprenticeship programme and requests the Government to provide information on the minimum age required for a young person to begin an apprenticeship programme.

Article 7, paragraph 3. Determination of light work. Following its previous comments, the Committee notes that section 179 of the new Labour Code provides, like its predecessor, that the employment of minors of 14 years and above is permitted 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 Labour Code also provides that workers aged from 14 to 16 shall not work more than 24 hours a week. In addition, the Committee notes the Government’s information that section 16.2 of Law No. 345–II of 8 August 2002 on the rights of the child provides that children aged 14 years are entitled to perform socially useful work which does not harm their health, development and moral and psychological state, and for which they are trained. However, the Committee observes once again 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. The Committee requests the Government to take measures so that the national legislation determines the light work activities which may be undertaken by children from 14 years and above. It also requests the Government to provide information on the progress made in this regard.

Article 9, paragraph 3. Registers of employment. Noting once again the absence of information on this point, the Committee requests the Government to provide information on 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, along with its next report.