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

Minimum Age Convention, 1973 (No. 138) - Turkmenistan (Ratification: 2012)

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Government’s report does not contain any information with regard to any policies implemented or envisaged to address child labour in the country. In this regard, the Committee notes that the Human Rights Committee, in its concluding observations of 19 April 2012, expressed concern at reports of the use of children for cotton harvesting in the country (CCPR/C/TKM/CO/1, paragraph 20). The Committee requests the Government to develop and adopt national policy measures to ensure the effective elimination of child labour, particularly in the cotton sector. It requests the Government to provide information on the measures taken or envisaged in this regard.

Article 2(1). 1. Scope of application. The Committee notes that according to section 5(2) of the Labour Code, the provisions of this Code apply to all employers and employees who have entered into an employment contract. It also notes that Chapter 6, sections 276 to 282, of the Labour Code regulates work of persons employed in seasonal work; Chapter 8, sections 288 to 294, regulates wage labour; and Chapter 9, sections 295 to 303, regulates the employment of domestic workers. However, it appears that the Labour Code does not cover work done outside an employment contract such as work in the informal economy or in self-employment. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not it is based on an employment relationship and whether or not it is paid. The Committee therefore requests the Government to provide information on the manner in which children who perform work outside the framework of an employment relationship, such as children working in the informal economy and self-employed children are afforded the protection established in the Convention. The Committee also requests the Government to provide a copy of the Right of the Child (State Guarantees) Act of 2014.

2. Minimum age for admission to employment or work. In ratifying the Convention, Turkmenistan specified a minimum age of 16 years for admission to employment or work within its territory. The Committee notes that according to section 23 of the Labour Law, an employment contract may be concluded with a person who has attained the age of 16 years.

Article 2(3). Age of completion of compulsory education. The Committee notes that, according to section 16 of the Education Act of 2009, compulsory school age starts from the age of seven years for a period of not less than ten years, where by children completes the compulsory education at the age of 16 years.

Article 3(1) and (2). Hazardous work. The Committee notes that section 253(1) of the Labour Code prohibits the employment of persons under the age of 18 years in work with special working conditions and those types of work which may be detrimental to their health and moral development: such as gambling-related jobs; the production, transport and trade of alcoholic drinks, tobacco products, and other toxic substances; and jobs related to carrying, lifting and moving heavy objects. Section 255 of the Labour Code further prohibits night work and overtime work for persons under the age of 18 years. The Committee also notes that according to section 253(2) of the Labour Code the list of types of work with special conditions prohibited to persons under the age of 18 years, as well as the limits for carrying and transporting heavy goods, will be determined by the Cabinet of Ministers.

The Committee notes the Government’s information that proceedings are under way to set out a list of types of hazardous work prohibited to children under the age of 18 years, pursuant to section 253(2) of the Labour Code. According to the Government’s report this list will consider factors such as; extreme physical stress; forced adoption of a posture during work that would affect the young person’s health; vibrations from equipment and instruments; unpleasant temperature conditions; underground work; work with toxic substances (lead, arsenic, phosphorus etc.); dust; radiation; ionizing radiation and electromagnetic fields; significant nervous and psychological stress; and heightened risk of injury associated with the work. The Committee expresses the firm hope that the list of types of hazardous work prohibited to children under the age of 18 years will be determined and adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 6. Vocational training and apprenticeship. The Committee notes the Government’s indication that, as per the provisions of the Education Act of 2013, initial vocational education programmes are open to students who have a level of education not lower than general secondary education. General secondary education, according to the Government’s report is mandatory and covers primary and secondary education. Hence, it appears that vocational education is permitted after completion of compulsory education which is 16 years of age. Sections 323 to 331 of the Labour Code further regulate apprenticeship programmes for vocational training of individuals. The Committee requests the Government to provide a copy of the Education Act of 2013.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes that, according to section 23(2) of the Labour Code a contract of employment may be concluded with a person who has reached the age of 15 years with the consent of a parent or guardian. Section 60 of the Labour Code further states that the working hours for employees under the age of 16 years shall not exceed more than 24 hours per week. The Committee requests the Government to indicate whether it has determined the light work activities which may be permitted to children of at least 15 years of age, pursuant to Article 7(3) of the Convention. If not, it requests the Government to take the necessary measures to determine such activities for children of 15 years of age.

Article 9(1). Penalties. The Committee notes the Government’s indication that, according to section 304 of the Administrative Offences Code of 2013, persons who violate the provisions related to the prohibition of child labour shall be punished with a fine or the activity of that legal entity may be suspended for up to three months. Sections 305 and 306 of the Administrative Offences Code further establish fines or administrative arrest for up to 15 days for the breach of occupational safety legislation. The Committee requests the Government to provide information on the amount of fines prescribed under section 304 of the Administrative Offences Code for the violation of the provisions related to the prohibition of employment of children and young persons. It also requests the Government to provide a copy of the relevant provisions of the Administrative Offences Act of 2013.

Article 9(3). Keeping of registers. The Committee notes that according to section 14(2) of the Labour Code the employer is obliged to create and maintain the employment record or labour book as well as other documents regarding the personal data, working hours and wages of employees. Section 25 of the Labour Code further states that the employment contract must contain details of the worker’s identity or a birth certificate for a person under the age of 16 years. The Committee requests the Government to indicate whether the national legislation contains provisions requiring employers to keep and maintain registers which contain the name, age or date of birth of persons between the ages of 16 and 18 years whom they employ, in conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. According to the provisions of section 404 of the Labour Code, the state supervision and control over observance of the labour legislation is carried out by: (1) a state authority specially authorized by the Cabinet of Ministers; (2) the trade unions and technical and legal inspection entities; (3) local authorities; and (4) ministries and departments within their competence concerning the enterprises subordinated to them. The Government report indicates that, according to the Legal Labour Inspectorate Regulations, labour inspectors may, in the performance of their tasks: (1) freely visit at any time undertakings, institutions, organizations and other workplaces to verify compliance with the labour law; (2) obtain orders, instructions, minutes and other necessary documents and explanations from the concerned officials or administration relating to the matter under monitoring; (3) require an owner, managers and other officials to remedy any breaches of labour law which have been identified and to monitor compliance with these demands; and (4) send reports on cases of gross violations of labour law to the appropriate government and prosecutorial authorities to allow disciplinary or criminal penalties to be imposed on the officials responsible. The Committee requests the Government to provide information on the functioning of the labour inspectorate, the number of inspections carried out as well as the number of violations detected with regard to the employment of children and young persons and penalties imposed.

Application of the Convention in practice. The Government’s report contains no information on the statistical data regarding the employment of children and young persons. The Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children and young persons in Turkmenistan is available. It requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons as soon as this information becomes available, extracts from inspection services reports, information on the number and nature of contraventions reported, and penalties imposed.