Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 2(1). Scope of application. The Committee previously noted that self-employment was not regulated by the legislation of Georgia. It also noted the comments made by the Georgian Trade Unions Confederation (GTUC) that the Labour Code applied only to hired labourers and, hence, children working on family farms or in the agricultural sector were not afforded the protection guaranteed under the Convention. The GTUC further indicated that, according to the data of the Department of Statistics, the number of self-employed minors was much higher than that of those employed in the formal sector and that child labour was widespread in various regions of Georgia during the crop period in the agriculture sector.

The Committee notes that, pursuant to sections 1 and 2 of the amendments to the Labour Code of 2013, the provisions of the Code apply to labour relations defined as the performance of work by an employee for an employer in exchange for remuneration under organized labour conditions. It therefore appears that children working in the informal economy, or working on an unpaid basis, as well as those working on their own account, are excluded from the application of the provisions of the Labour Code. In this regard, the Committee notes the Government’s information that it has taken concrete steps for the elaboration of a special mechanism in order to ensure inspection of working conditions at workplaces. The Committee notes from the Government’s report that a Labour Conditions Monitoring Programme (Monitoring Programme) was approved by the Government on 5 February 2015 under which labour inspectors inspect labour conditions in state and private enterprises. It also notes the Government’s indication that within the framework of the Monitoring Programme, 25 inspectors were provided training with the support of the ILO. Recalling that the Convention applies to all forms of work or employment, the Committee requests the Government to take the necessary measures to adapt and strengthen the capacity and reach of the labour inspection services so as to ensure oversight of child labour in the informal economy, and to guarantee the protection afforded by the Convention to children under the age of 15 years who are working in the informal economy, or on an unpaid basis as well as children working on their own account. The Committee requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 7(1) and (3). Light work and determination of light work. In its previous comments, the Committee noted that, as per section 14 of the Labour Code, a working week shall not exceed 41 hours, which was also applicable to young workers. It also noted the comments made by the GTUC that it was important to restrict the working hours of young persons and to also include provisions for rest periods, breaks and holidays. Noting that the Labour Code, under section 4(2), allowed children between 14 and 16 years to perform light work, the Committee urged the Government to take the necessary measures to determine light work activities permitted for children between 14 and 16 years of age and to prescribe the number of hours during which, and the conditions in which, light work may be undertaken by such persons.

The Committee notes with interest that the 2013 amendments to the Labour Code contain provisions restricting the working hours of children. According to section 14(3) of the Labour Code of 2013, the duration of the working time of a minor between the ages of 14 and 16 shall not exceed 24 hours a week. In this regard, the Committee requests the Government to take the necessary measures to determine the light work activities permitted to children of 14 to 16 years.

Article 8. Artistic performances. In its previous comments, the Committee noted that under section 4(3) of the Labour Code, a labour contract can be concluded with a child below 14 years only for work related to sport, art, cultural and advertising activities. Observing that there were no provisions under the Labour Code which limit the number of working hours or set maximum working hours or conditions for the employment of young persons who participate in artistic performances, the Committee requested 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 of hours during which, and the conditions in which, such employment or work is allowed.

The Committee notes that the Rules of Georgia Department of Labour, Chapter 300-7-1 lay down the conditions and requirements concerning the employment of children in entertainment. Rule 3 of this Chapter requires any person or entity which intends to employ or utilize the services of a minor in any film, video, stage or other live performance to notify the Department of Labour prior to the performance. The Department of Labour shall, after conducting a safety inspection, issue certificates for the employment of minors in such performances. Moreover, according to Rule 5, the working hours for a minor under 16 years for entertainment purposes shall not exceed ten hours a day, including two hours break for meals and for rest and recreation.

Article 9(1). Penalties and labour inspection. In its previous comments, the Committee noted the comments made by the GTUC that with the abolition of the labour inspectorate, there existed no public authority to observe the implementation of labour legislation, including child labour provisions.

The Committee notes with interest that the Government established the Labour Conditions Inspection Department (LCID) by Resolution No. 81 of March 2015 which coordinates the Monitoring Programme. According to the Government’s report, the main duties of the LCID include the elaboration and improvement of the legal framework to ensure inspection of workplaces, the introduction of labour safety mechanisms and the review of complaints and appeals regarding safety and health at work. It also notes the Government’s indication that according to the data of June 2015, the labour inspectors visited 1,820 companies and detected two cases where an adolescent under 18 years was employed. It further notes that inspection reports and questionnaires are currently being drafted and recommendations are elaborated by the Labour Inspection Department. In addition, recommendations on issues related to occupational safety and health are issued to employers. The Committee requests the Government to continue to provide information on the functioning of the labour inspectorate, including information on the number and nature of violations detected involving children and young persons and penalties imposed.

Article 9(3) of the Convention. Keeping of registers by employers. Following its previous comments, the Committee notes that according to Rule No. 39-2-11 of the Georgia Laws and Rules Regulating Employment of Children, no minor under the age of 18 years shall be issued an employment certificate unless a certified copy of a birth card as well as a certificate from the school authorities and a fitness certificate is submitted to the issuing officer.