Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 2(1) of the Convention. Scope of application. The Committee previously noted that according to section 1(1) and 1(2) of the Employment Contracts Act, 2008 (ECA), an employment contract refers to work done in exchange for remuneration. Hence, section 7 of the ECA relating to the minimum age for admission to employment or work, did not apply to work performed outside the framework of a formal labour relationship, such as self-employment or non-remunerated work. The Committee, therefore, requested 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.

The Committee notes the Government’s information that as per the amendments made to the Taxation Act which entered into force on 1 July 2014, all natural and legal persons providing work and whose remuneration creates a tax liability, including persons working on a voluntary basis, self-employed persons and persons receiving no remuneration for their work, are required to register in the employment register of the Estonian Tax and Customs Board (section 25). The Committee also notes that according to section 25(1) and (2) of the Taxation Act, the Labour Inspectorate is one of the authorized processors of the employment register. The Committee further notes from the Government’s report that according to the statistics provided by the Estonian Tax and Customs Board, in 2013, 8,603 minors, including 112 aged between 7 and 11 years and 1,882 aged between 12 and 14 years, worked for at least one month during the year.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted that the Vocational Education Institutions Act of 1998 (as amended in 2005), which regulates vocational education, does not indicate the minimum age for “work practice” by students as provided under section 17(1) of the Vocational Education Institutions Act.

The Committee notes that, according to section 25(1) of the new Vocational Education Institutions Act which came into force on 1 September, 2013, the requirement enabling the acquisition of vocational secondary education shall be basic education or with regard to persons without basic education, shall be at least 22 years of age with competencies corresponding to the level of basic education. The Committee notes with interest that according to section 9 of the Basic Schools and Upper Secondary Schools Act, a person who has attained the age of 7 years is required to attend school until they acquire basic education (which as per section 2(1) lasts for nine years) or they attain the age of 17 years.

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes the Government’s reference to section 31 of the Taxation Act which states that a withholding agent has the obligation to withhold tax and to pay the withheld amount of tax. The Government report indicates that, in the context of labour relations, the withholding agent is the employer and hence the employer can distinguish all persons under 18 years whom they employ. Recalling that, pursuant to Article 9(3) of the Convention, documents shall be kept and made available by the employer, containing the names and ages 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 indicate if the employer keeps a register of such information related to persons under 18 years of age working for him/her, and if such registers are made available to labour inspectors.

Part III of the report form. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that in 2013, a total of 26 violations of the ECA concerning the employment of minors were identified. These violations were mainly related to illegal employment contracts, working hours, overtime work and rest requirements. The Government also indicates that the number of applications received for consent of a labour inspector to employ minors pursuant to section 8(3) of the ECA was 86 in 2011 and 107 in 2013, out of which consent was granted to 78 and 88 applications, respectively. With regard to the working conditions of minors, the Government report indicates that in 2011, 35 enterprises were inspected and 37 infringements identified, while in 2013, 22 enterprises were inspected and 42 infringements identified. Furthermore, in 2013, a total of 13 fines amounting to €1,935 were imposed against legal and natural persons for infringements relating to the working conditions of minors.

Application of the Convention in practice. The Committee notes from the Government’s report that, according to the Labour Force Survey, of the total number of 64,000 young persons aged between 15 and 19 years, 4,100 (2,000 male and 2,100 female) were working in 2013. These young persons were mainly employed in the following sectors: accommodation and food services activities (31.6 per cent); wholesale and retail trade (21.8 per cent); and manufacturing sector (21.5 per cent).