Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Minimum Age Convention, 1973 (No. 138) - Estonia (Ratification: 2007)

The Committee notes the Government’s first report.

Article 2(1) of the Convention. 1. Scope of application. The Committee notes that, pursuant to sections 1(1) and 1(2) of the Employment Contracts Act, 2008, an employment contract is when an employee performs work for an employer in exchange for remuneration. The Committee observes that the provisions of the Employment Contracts Act concerning the employment of minors (section 7) regulate the entering into of employment contracts with minors. Therefore, it appears that the Employment Contracts Act, and its provisions relating to the minimum age of admission to employment or work, do not apply to work performed outside the framework of a formal labour relationship, such as self-employment or non-remunerated work. In this regard, the Committee reminds the Government that the Convention applies to all branches of economic activity and covers all kinds of employment or work, including work performed by children and young persons in the absence of a contractual employment relationship or on an unpaid basis. Therefore, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as children performing work on a self-employed basis, unpaid work or work in the informal sector, benefit from the protection provided by the Convention.

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 15 years as the minimum age for admission to employment or work. The Committee also notes that section 7(1) of the Employment Contracts Act states that an employer may not enter into an employment contract with a minor under 15 years of age.

Article 2(3). Minimum age of completion of compulsory education. The Committee notes that section 7(1) of the Employment Contracts Act prohibits entering into an employment contract with a minor who is obligated to attend school. The Committee also notes that pursuant to section 9(2) of the Education Act, 1992, as amended in June 2009, school is compulsory from the age of 7 until basic education is completed, or until a person reaches 17 years of age. The Committee further notes the indication in the 2010 UNESCO report entitled “Education For All: Global Monitoring Report” that basic education in Estonia generally lasts from the age of 7 until the age of 15.

Article 3(1). Minimum age for admission to hazardous work. The Committee notes that section 14(1) of the Child Protection Act, 1992, as amended in April 2004, states that a child (defined in section 2 as a person under 18 years of age) shall be protected from performing work which is hazardous, beyond the child’s capabilities, harmful to the child’s development or which may interfere with the child’s education. The Committee also notes that section 7(2) of the Employment Contracts Act prohibits permitting a minor to perform work that: is beyond the minor’s physical or psychological capacity; is likely to harm the moral development of the minor; involves risks which the minor cannot recognize or avoid owing to his or her lack of experience; is likely to harm the minor’s social development or jeopardize his or her education; or work involving health hazards to the minor arising from the nature of the work or from the working environment.

Article 3(2). Determination of hazardous work. The Committee notes that section 7(3) of the Employment Contracts Act states that the types of work specified in section 7(2)(5) (hazardous work) shall be established by a regulation. In this regard, the Committee notes that Regulation No. 94 was adopted in June 2009, containing a list of types of occupations and work prohibited to minors. Regulation No. 94 contains a list of prohibited physical hazards (such as work with radiation or at high or low temperatures), a list of prohibited chemical hazards (such as work with lead or asbestos), a list of prohibited production processes (such as the production of coal, soldering, welding, work involving exposure to hardwood dust and other carcinogens) and a list of other prohibited works (such as work with explosives, work at high heights and work underground). The Committee observes that Regulation No. 94 references European Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work, section 7 of which prohibits types of hazardous work for persons under the age of 18.

Article 6. Vocational training and apprenticeship. The Committee notes that pursuant to section 6 of Regulation No. 94, exceptions to the prohibition of employing minors in certain forms of work may be made in the context of a professional training curriculum (provided by law) with a training adviser and with supervision regarding the minor’s health and safety. The Committee also notes that the Vocational Educational Institutions Act of 1998 (as amended in 2005), regulates vocational education at the levels of basic, secondary and upper-secondary education. Section 17(1) of the Vocational Educational Institutions Act permits students to engage in “work practice”, defined as work performed within the framework of the curriculum in a working environment, under the supervision of an instructor. The Committee further notes that section 17(6) of the Vocational Educational Institutions Act stipulates that the legislation related to occupational health and safety shall apply to students during this “work practice” and that section 31(10)(2) of the Act provides that each school shall ensure the protection of the health of its students. However, the Committee observes that the Vocational Educational Institutions Act contains no provisions stipulating a minimum age for participation in this “work practice”. Recalling that Article 6 of the Convention authorizes work to be carried out in enterprises within the context of an apprenticeship programme by persons aged at least 14 years, the Committee requests the Government to indicate the minimum age for admission to “work practice”, pursuant to section 17(1) of the Vocational Educational Institutions Act.

Article 7. Light work. The Committee notes that section 7(4) of the Employment Contracts Act allows an employer to enter into an employment contract with a minor aged 13–14 years (as well as minors aged 15–16 years who are still in school), under the conditions that the duties involved are simple and do not require any major physical or mental effort (light work). Section 7(5) of the Employment Contracts Act further provides that these types of light work shall be established by a regulation. In this regard, the Committee notes Regulation No. 93 on light work permitted for minors, which came into force 1 July 2009. Section 1 of Regulation No. 93 specifies that minors aged 13–14 (and minors aged 15–16 who are still in school) may perform light work such as farm work (such as gardening, weeding, harvesting, or berry and fruit picking), work in commercial enterprises (such as shelving or pricing), service work (such as dishwashing or serving tables), and clerical or cleaning work. The Committee further notes that section 43(4)(2) of the Employment Contracts Act restricts the number of working hours authorized for minors aged 13–14 years to four hours per day and 20 hours per week.

Article 8. Artistic performances. The Committee notes that section 7(4) of the Employment Contracts Act allows for minors from the age of 7 years to do light work in the field of culture, art, sports or advertising. Section 8 of the Employment Contracts Act stipulates that entering an employment contract with a minor aged 7–14 requires an application to the labour inspector for consent. This application requires information about the working conditions of the minor, including the minor’s place of work, duties, age and whether the minor is subject to the obligation to attend school. The Committee further notes that section 43 of the Employment Contracts states that children aged 7–12 years are allowed to work up to three hours per day and 15 hours per week.

Article 9(1). Penalties. The Committee notes that, pursuant to section 118(1) of the Employment Contracts Act, an employer who enters into an employment contract with a minor to perform work prohibited by section 7 of the Employment Contracts Act is punishable by a fine of up to 100 fine units (pursuant to section 47 of the Penal Code, a fine unit is equal to 60 krooni (EEK) (approximately US$4.74)). Section 118(2) of the Employment Contracts Act provides that this offence committed by a legal entity is punishable by a fine of up to EEK20,000 (approximately US$1,581). The Committee also notes that the Employment Contracts Act provides similar fines for entering into an employment contract with a minor without the consent of their legal representative and a labour inspector (when this consent is required) (section 119), exceeding the number of working hours prescribed for minors (section 121) and for a failure to follow restrictions on employing minors pursuant to section 49 (section 124).

Article 9(3). Keeping of registers. The Committee notes that the Government’s report contains no information on legislative or regulatory provisions requiring employers to keep registers and documents of persons employed or working under him/her. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer, containing the name 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. The Committee requests the Government to provide information on the measures taken or envisaged to require employers to keep registers of all persons under 18 whom they employ, in conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. The Committee notes the information in the Government’s report that the labour inspectorate monitors employment relationships. The Committee also notes the information in the Government’s report submitted under Convention No. 182 in 2007, that the labour inspectorate does not inspect enterprises specifically for the purpose of revealing unlawful child labour, as these inspections are conducted according to an annual plan. The Government indicated in this report that exceptions are made following a complaint to the labour inspectorate. The Committee requests the Government to provide information on the number of complaints received regarding the employment of children, and the number of subsequent inspections and fines imposed. The Committee also requests the Government to provide information on the number and nature of violations concerning children detected in the course of regular labour inspections, and where possible, extracts from reports of labour inspectors.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that there are currently no statistics available on the application of the Convention. It also notes the Government’s statement that the Convention is complied with in practice. The Committee requests the Government to provide, when available, information on the manner in which the Convention is applied, including, for example, statistics disaggregated by sex and age relating to the nature, scope and trends of working children and young persons.