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

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Following its previous comments, the Committee notes the Government’s information in its report on the measures taken to abolish child labour. These include the adoption of the Rights of the Child (State Guarantees) Act of 2014 which guarantees legal, economic, social and educational means to protect children from all forms of labour exploitation as well as a prohibition on engaging children in agricultural and other types of work that hinders their attendance at school. The Committee further notes the prohibition under the Education Act of 2013 (section 40) on employing students in any work that is not included in the educational curriculum in educational institutions without their consent or the consent of their parents. Lastly, the Committee notes the Government’s indication that a National Action Plan on Human Rights 2016–20 was adopted in January 2016 under which a draft National Action Plan (NAP) for Children is being developed. The Committee expresses the hope that the draft NAP for Children will contain specific measures for the effective elimination of child labour and that this NAP will be adopted in the near future. It requests that the Government provide information on the concrete measures taken or envisaged in this regard.

Article 2(1). 1. Scope of application, labour inspectorate and application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that according to the findings of the 2015 survey of the workforce carried out by the State statistical body, the proportion of the population employed in the informal economy and living in rural areas was 9.7 per cent and the average rate of employment in the informal economy was 7.5 per cent. According to the Government’s report, this survey reported no cases of children in self-employment or employment in the informal economy. The Government also indicates that in 2015–16, more than 125 inspections were conducted at various sectors and no cases of child labour were reported. The Committee further notes from the Government’s report that in 2015, 19 young persons aged 15–16 years were registered with an employment agency of which 17 of them were employed in the arts and entertainment.

Article 3(2). Determination of hazardous work. The Committee previously noted 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. It noted the Government’s information that proceedings were 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.

The Committee notes the Government’s information that the Ministry of Labour and Social Protection and the Ministry of Health approved standards for the maximum permissible loads to be lifted or moved by children under the age of 18 years. The Government indicates that a list of work and occupations with harmful and hazardous working conditions prohibited to children under 18 years is currently being developed. 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 finalized and adopted in the near future. It requests that the Government provide information on any progress made in this regard.

Article 7(3). Determination of light work. In its previous comments, the Committee noted 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, and that the working hours for employees under the age of 16 years shall not exceed 24 hours per week (sections 23(5) and 60).

The Committee notes the Government’s information on the conditions for entering into an employment contract with a person under the age of 18 years such as: consent of the child and his/her parents; reduced working hours; and that the work should not hinder their education or their physical, mental and moral development. The Committee requests that the Government indicate the measures taken or envisaged to determine 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.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted 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.

The Committee notes that according to section 25 of the Labour Code, at the conclusion of the employment contract, the employee should submit to the employer a document certifying the identity of the employee, such as a passport or other equivalent document; or birth certificate for persons under the age of 16 years; or a document of military registration for military service.

Noting, from the report of the ILO Technical Advisory Mission that took place in Ashgabat from 26 to 29 September 2016, the Government’s intention to seek assistance from the ILO, the Committee encourages the Government to take the necessary measures to avail itself of ILO technical assistance, with a view to finalizing the list of types of hazardous work prohibited to children under the age of 18 years, as well as other concrete measures concerning child labour.