Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) - Tajikistan (Ratification: 1993)

Articles 1 and 6(1)(a) of the Convention. Scope of application and labour inspectorate. The Committee noted that according to section 1 of the Labour Code, the Code applies only to persons bound by a labour contract. The Committee recalled that the Convention applies to all children and young people employed for wages, or working directly or indirectly for gain, in non-industrial occupations. It therefore requested the Government to indicate the measures adopted or envisaged to ensure that self-employed children and children working in non-industrial occupations without a contract of employment benefit from the protection afforded by the Convention.

The Committee notes the Government’s statement in its report that the prohibition of night work by young persons under the age of 18 years as contained in section 181 of the Labour Code applies to all categories of workers, irrespective of their occupation in the formal or informal economy. The Government further states that the State Supervisory Service for Labour, Migration and Employment which is responsible for monitoring compliance with labour laws, including the employment of children in formal and informal economy and children in self-employment, carries out regular inspections and fact-finding missions on the prohibition on using child labour for night work. In this regard, it notes the Government’s indication that no cases of children working at night in industrial undertakings have been identified. However, the Committee notes the absence of information in the Government’s report on the detection of cases of children working at night in non-industrial undertakings. The Committee requests the Government to provide information on the number of violations related to night work by children detected by the State Supervisory Service in non-industrial occupations, the informal economy and children in self- employment.

Article 6(1)(b). Keeping of registers. Following its previous comments, the Committee notes that according to section 32 of the Labour Code, a copy of the labour contract which contains details of the employment, such as working hours and conditions of employment (section 30) shall be kept by the employer. Moreover, birth certificates and educational background certificates shall be provided by workers under the age of 16 years before the start of their employment. The Committee recalls that Article 6(1)(b) of the Convention requires every employer to keep available official records showing the names, dates of birth and hours of work of all persons under the age of 18 years employed by him or her. The Committee therefore requests the Government to indicate the measures adopted or envisaged to require employers to keep registers of all persons under 18 whom they employ, in conformity with Article 6(1)(b) of the Convention.