Minimum Age Convention, 1973 (No. 138) - Armenia (Ratification: 2006)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the adoption of the Strategy Plan for the Protection of the Rights of the Child 2017- 2021 and requested the Government to provide information on the measures taken within the framework of this Strategy Plan to eliminate child labour. Noting the absence of information in this respect, the Committee once again requests the Government to indicate the measures taken towards the progressive elimination of child labour and their results. In addition, the Committee requests the Government to provide updated statistical information on the number of children involved in child labour and hazardous work in the country.

Article 7. Light work. The Committee notes that the Government indicates that the Ministry of Labour has proposed amendments to the Labour Code stipulating that children can work from the age of 14 only after the hours prescribed for compulsory education. The amendments also propose that children between the ages of fourteen and fifteen should be allowed to work for up to two hours a day but no more than ten hours a week and that children between the ages of fifteen and sixteen shall be allowed to work for up to 24 hours a week. The Committee requests the Government to continue providing information on any proposed modification to the Labour Code’s provisions on light work, including information on the types of light work activities determined by the competent authority as required by Article 7(3) of the Convention. The Committee also requests the Government to provide a copy of the above-mentioned amendments, once adopted.

Labour inspectorate. In reply to the Committee’s request to specify the institution responsible for the supervision of the application of the Convention, the Committee notes that the Government refers to Decision No. 755-L of 2018 issued by the Prime Minister which reorganizes the Health Inspection Body of the Ministry of Health into the Health and Labour Inspection Body. According to the Annex to Decision No. 755-L, the Health and Labour Inspection Body shall perform supervisory functions and apply sanctions for the violations of labour rights, including the protection of the rights of working children under the age of 18 years. The Committee also notes that the Government indicates that, pursuant to section 1.1 of the Organization and Conduct of Inspections Act, inspections shall be carried out exclusively based on checklists approved by the Government. In this regard, the Committee notes that the Government refers to Decision No. 718-N of April 30, 2020, which approves a checklist for health and safety risk-based inspections for workers in mining industry enterprises and open mine operations. The Government also refers to Decision No. 886-N of May 27, 2021, which approves a checklist for health and safety risk-based inspections for workers in enterprises of the processing industry, which includes questions related to guarantees for workers under 18 years of age. The Committee notes the Government’s indication that, since the approval of the checklists, 46 inspections have been carried out, during which no violations to the labour legislation’s norms related to persons under the age of 18 years have been registered. The Committee requests the Government to provide information on the activities carried out by the Health and Labour Inspection Body in relation to child labour, including the number of labour inspections carried out, the number and nature of cases detected and any follow-up measures taken. The Committee also requests the Government to provide information on the measures to strengthen the capacity of labour inspectorates to detect violations of the provisions of the Convention, including in the informal economy.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2(1) of the Convention. Scope of application. The Committee previously noted that according to the Armenia Child Labour Survey, carried out with ILO technical assistance and published in 2016, a large number of children were involved in child labour, of which a large majority (90.1 per cent) worked in agriculture. Out of these children, only 5 per cent were employees with a verbal agreement, 25 per cent worked on their own account, and 70 per cent were unpaid family workers not covered by the provisions of the Labour Code concerning the minimum age for admission to employment. In this regard, the Committee urged the Government to take immediate steps to ensure that all children, including those who work outside a formal labour relationship, enjoy the protection afforded by the Convention. The Committee notes with regret that once again the Government’s report does not provide information in this respect. Therefore, the Committee once again urges the Government to take all necessary measures to ensure that all children, particularly children working in the informal economy or as own-account workers, can enjoy the protection afforded by the Convention and to provide information in this regard in its next report.

Article 8 Artistic performances. In its previous comments, the Committee noted that part 2.2 of section 17 of the Labour Code provides that children under 14 years of age can be engaged in cinematographic, sport, theatre and concert organizations, in circuses, in creative work and/or performance of television and radio productions with the written consent of one of the parents or adopter or guardian or a custody and guardianship body. The activities in these organizations or productions should not be harmful to their health, morality or safety, or prejudice their education. The Committee requested the Government to take measures to ensure that the labour legislation provides that individual permits be granted by the competent authority, and not only by the parents or legal guardians to authorize the participation of children under the minimum age in artistic performances in accordance with the Convention. The Committee notes that the Government indicates that the Ministry of Labour and Social Issues has proposed to repeal part 2.2 of section 17 of the Labour Code. Taking note of this legislative proposal, the Committee recalls that Article 8 of the Convention allows exceptions to the prohibition of employment or work of children under the general minimum age, which is 16 years in Armenia. Moreover, by virtue of Article 8(1), children may participate in artistic performances, provided that permits are granted in individual cases by the competent authorities. In this regard, the Committee requests the Government to continue to provide information on the measures taken or envisaged to regulate the participation of children in artistic performances.

Article 9(1). Penalties. The Committee previously noted the high number of children involved in child labour, including hazardous work and requested the Government to redouble its efforts to identify and impose appropriate sanctions for violations of the provisions of the Convention. The Committee notes that the Government indicates that, in order to ensure the effective application of the provisions of the Convention, section 41.6 of the Code on Administrative Offences of December 6, 1985 was amended. According to the amended section, the act of hiring or employing a person under the age of 16 in violation of the requirements of the law or involving a person under the age of 18 in work prohibited by the labour legislation shall result in a fine, which shall be equivalent to 200 times the minimum wage. If the violation is repeated within one year after the date of imposing the sanction, a new fine will be imposed amounting to 400 times the minimum wage. The Committee encourages the Government to continue taking measures to ensure that violations of the provisions of the Convention are detected and adequate penalties are imposed. In this respect, the Committee requests the Government to provide information on the application in practice of section 41.6 of the Code on Administrative Offences.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. National policy on the effective abolition of child labour. The Committee previously noted that the Government adopted the National Plan of Action for the Protection of the Rights of the Child for the period 2013–16.

The Committee notes the Government’s information in its report that the Strategy Plan for the Protection of the Rights of the Child for the period 2017–21 was adopted on 13 July 2017. The Government Protocol Decree on Establishing the Timetable of the Measures for the Implementation of the 2017–21 Strategy Plan for the Protection of the Rights of the Child was also approved, which envisages to establish a supervision and monitoring mechanism in relation to the protection of the rights of working children. The Committee requests the Government to provide information on the measures taken, within the framework of the Strategy Plan for the Protection of the Rights of the Child 2017–21, to eliminate child labour and on the results achieved in this regard. It also requests the Government to provide information on any progress made on the establishment of the supervision and monitoring mechanism envisaged by the Government Protocol Decree.

Labour inspectorate. The Committee previously noted that, following the adoption of Government Decree No. 857-N of 25 July 2013, the State Labour Inspectorate (SLI) of the Ministry of Labour and Social Affairs and the Sanitary and Epidemiological Inspectorate of the Ministry of Health were merged and reorganized into the State Health Inspectorate of the Ministry of Health (SHI), which supervises the application of labour laws, including inspections regarding the labour rights and privileges of workers below the age of 18 years.

The Committee notes the Government’s information that, based on section 5(1) and (4) of the Law on Inspection Bodies of 2014, the Health Inspection Body of the Ministry of Health was established by Government Decree No. 444-N of 27 April 2017, which is provided only with a function of supervision of the healthcare and occupational safety of workers (section 9 of Annex I). The Committee also notes that the SHI established by Government Decree No. 857-N of 2013 has been dissolved by Government Decree No. 444-N of 2017 (section 10). The Committee therefore requests the Government to indicate which institution is responsible for the supervision and inspection of the employment of children other than issues of occupational health and safety, following the establishment of the Health Inspection Body and the dissolution of the State Health Inspectorate by Government Decree No. 444-N of 27 April 2017.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 2(1) of the Convention. Scope of application. The Committee previously observed that, pursuant to sections 1(1) and 13, the Labour Code of 2004 and its provisions relating to the minimum age of 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 Government stated that necessary measures would be taken in this regard.

The Committee notes the Government’s information in its report that, according to section 1 of the Law on Organizing and Conducting Inspections, inspections are organized and carried out on the activities of commercial or non-commercial entities, as well as individual entrepreneurs, with regard to their compliance with relevant legislation. However, no specific reference is made to the employment of children under this Law. The Committee also notes that, with the assistance of the ILO, the Armenian National Statistical Service carried out a national survey on child labour and published in 2016 the Armenia National Child Labour Survey 2015: Analytical Report. According to the report, 39,300 children (8.7 per cent of children aged 5–17) are involved in child labour, of which a large majority (90.1 per cent) work in agriculture. Moreover, among them, only 5 per cent are employees with a verbal agreement, 25 per cent work on their own account, and 70 per cent are unpaid family workers (pages 53–55). Noting a large number of children working in the informal economy, the Committee urges the Government to take, without delay, the necessary measures to ensure that children who are not bound by an employment relationship, such as children performing unpaid work, working in the informal sector or working on a self-employed basis, benefit from the protection provided by the Convention. Pending the adoption of such measures, the Committee requests the Government to indicate how the Law on Organizing and Conducting Inspections is applied in practice to protect children working outside the framework of a formal labour relationship.

Article 8. Artistic performances. The Committee previously noted the Government’s information that it had developed a draft law to amend and supplement the Labour Code in which it is envisaged to regulate the participation of children under the general minimum age in artistic performances.

The Committee notes the Government’s information that the Labour Code was amended by Law No. HO-96-N on Amending and Supplementing the Labour Code, which was adopted on 22 June 2015 and entered into force on 22 October 2015. As amended, part 2.2 of section 17 of the Labour Code provides that children under 14 years of age can be engaged in cinematographic, sport, theatre and concert organizations, in circuses, in creative work and/or performance of television and radio productions with the written consent of one of the parents or adopter or guardian or a custody and guardianship body. The activities in these organizations or productions should not be harmful to their health, morality or safety, or prejudice their education. The Committee also notes that part 1 of article 140 provides for reduced working time for children under 14 years of age as follows: (1) for children aged up to 7 years, up to two hours per day, but not more than four hours per week; (2) for children aged 7–12 years, up to three hours per day, but no more than six hours per week; and (3) for children aged 12–14 years, up to four hours per day, but not more than 12 hours per week.

In this regard, the Committee reminds the Government that Article 8 of the Convention allows exceptions to the prohibition of employment or work of children under the general minimum age, which is 16 years as provided for by the national legislation. Moreover, by virtue of Article 8(1), children may participate in artistic performances, provided that permits are granted in individual cases by the competent authorities, not by the parents or legal guardians. The Committee therefore requests the Government to take the necessary measures to ensure that part 2.2 of section 17 of the Labour Code is amended by providing that permits for the participation of children under 16 years in artistic performances are granted by the competent authority and not only by parents, in individual cases.

Article 9(1). Penalties and law enforcement. The Committee previously noted that, according to section 41 of the Code on Administrative Offences, the violation of the requirements of labour legislation and of other normative legal acts results in warnings issued to the offender. Such violations, if committed for up to one year after the application of the warning, result in a fine equivalent to 50 times the minimum wage. The Government indicated that, since 2005, the inspection body had not received any complaints of exploitation of children nor detected any violations of relevant legislation.

The Committee notes the Government’s information that, until July 2015, out of 115 inspections undertaken, four cases of violation of provisions regarding work or employment of children were detected, including two cases of involvement of children in hazardous work and two cases of excessive working hours (36 hours per week) of children aged 16–18 as provided for by the relevant legislation. The persons who violated the abovementioned provisions were subjected to an administrative liability warning. However, the Committee notes that, according to the Armenia National Child Labour Survey 2015: Analytical Report, among 52,000 children who participated in economic activities, 39,300 (76 per cent) were involved in child labour, including 31,200 (60 per cent) in hazardous work (page 10).

In this regard, the Committee recalls that, by virtue of Article 9(1) of the Convention, all necessary measures shall be taken by the competent authority, including the provision of appropriate penalties to ensure the effective enforcement of the provisions of the Convention. The Committee also observes that the inspection body has only detected a limited number of violations of the relevant legislation, while a large number of children were found engaged in child labour and hazardous work by the national survey. The Committee therefore requests the Government to redouble its efforts to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed. It also requests the Government to take the necessary measures to strengthen the inspection services in order to improve their capacity to detect cases of child labour, for example by allocating sufficient resources or by providing adequate training in this regard. It further requests the Government to continue to provide information on the types of violations detected by the inspection bodies, the number of persons prosecuted and the penalties imposed.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 1 of the Convention. National policy on the effective abolition of child labour. Following its previous comments, the Committee notes the Government’s indication that it has requested the ILO to consider including Armenia in the programme entitled “Country level engagement and assistance to reduce child labour” (CLEAR programme). The Committee also notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that it approved a National Plan of Action for the Protection of the Rights of the Child 2013–16. The Committee requests the Government to provide information on the measures taken, within the framework of the National Plan of Action for the Protection of the Rights of the Child 2013–16, to eliminate child labour and on the results achieved in this regard. It also requests the Government to provide information on any progress made with regard to its inclusion in the CLEAR programme, as well as the measures taken within this programme to eliminate child labour.

Article 2(1). Scope of application. The Committee previously observed that, pursuant to sections 1(1) and 13, the Labour Code of the Republic of Armenia 2004 (Labour Code) and its provisions relating to the minimum age of 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 notes the Government’s statement that necessary measures will be taken in this regard. The Committee also notes that the Committee on the Rights of the Child (CRC), in its concluding observations of July 2013, expressed concern that significant numbers of children, including those below the age of 14 years, are dropping out of schools to work in informal sectors such as agriculture, car service, construction and gathering of waste metal and family businesses (CRC/C/ARM/CO/3-4, paragraph 49). The Committee therefore requests the Government to take, without delay, the necessary measures to ensure that children who are not bound by an employment relationship, such as children performing unpaid work, work in the informal sector or work on a self-employed basis, benefit from the protection provided by the Convention. It requests the Government to provide information on the measures taken or envisaged in this regard.

Article 2(3). Age of completion of compulsory education. The Committee previously requested the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment, which is 16 years, as a means of combating and preventing child labour.

The Committee notes with interest that, according to sections 15(3) and 18(7) of the Law on Education of 1999 as amended in 2009, the basic general education which starts from the age of 6 years shall be compulsory until the learner attains the age of 16 years.

Article 6. Vocational training and apprenticeship. The Committee previously requested the Government to provide information on apprenticeship programmes, as well as to indicate the applicable minimum age for such programmes in Armenia.

The Committee notes that according to section 201.1 of the Law on Amendments to Labour Code of 2010 (RA Law No. HO-117-N), an employer can organize professional training courses for workers or new recruits in the company on his/her own account, paying the trainee at least the minimum salary defined by law. In this regard, the Committee notes the Government’s reference to section 17(1) of the Labour Code of 2004 which states that an employee is a capable citizen who has reached the age defined by this Code to perform certain work for the benefit of the employer while section 17(3) prohibits the employment and conclusion of labour contracts with persons under 14 years of age.

Article 7(1) and (3). Age for admission to light work and determination of light work. Following its previous comments, the Committee notes the Government’s reference to section 17(2) of the Labour Code as amended by RA Law No. HO-117-N, which states that young persons between 14 and 16 years of age may be engaged in temporary work not harmful for their health, safety, moral and education. According to section 140(1) of the Labour Code, young persons between the ages of 14 and 16 years may work for a maximum of 24 hours per week and shall have an uninterrupted daily rest of at least 14 hours (section 154(2)).

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s information that it has developed a draft law to amend and supplement the Labour Code in which it is envisaged to regulate the participation of children under the general minimum age in artistic performances. In this regard, the Committee reminds the Government that Article 8(1) allows exceptions to the minimum age of employment for purposes of participation in artistic performances by permits granted in individual cases. Permits thus granted shall limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee requests the Government to provide information on any progress made with regard to the adoption of the draft law which will regulate the participation of children under 16 years of age in artistic performances, as prescribed by Article 8(1) of the Convention. It requests the Government to provide a copy once it has been adopted.

Article 9(1). Penalties. The Committee notes the Government’s statement that there are no specific provisions in the Code on Administrative Offences which provide for penalties for the violation of the provision related to the employment of children and young persons. However, the Committee notes from the Government’s report that according to section 41 of the Code of Administrative Offences, the violation of the requirements of labour legislation and of other normative legal acts results in warnings issued to the offender. Such violations, if committed for up to one year after the application of the warning, results in a fine equivalent to 50 times the minimum wage. The Committee requests the Government to provide information on the application of these penalties in cases of violations relating to the employment of children and young persons, including the number and nature of penalties imposed.

Labour inspectorate. Following its previous comments, the Committee notes the Government’s statement that the State Labour Inspectorate (SLI) has not received any complaints of child exploitation since 2005 nor have any violations regarding the employment of children been revealed during inspections. It also notes the Government’s indication that the inspectors of the SLI have not yet received any specific training on child labour issues. The Committee also notes from the Government’s report that following the adoption of Decree of RA Government No.857-N of 25 July 2013, the SLI of the Ministry of Labour and Social Affairs and of the Sanitary and Epidemiological Inspectorate of the Ministry of Health have been merged and reorganized into the State Health Inspectorate of the Ministry of Health (SHI). According to the Government’s report, the SHI supervises the application of labour laws, including inspections regarding the labour rights and privileges of workers below the age of 18 years. The Government’s report further indicates that the questionnaire in the inspection sheet of the SHI as appended to Decree No. 1486 of 22 November 2012 contains questions related to the employment of young persons, such as: the conclusion of a temporary employment contract with a worker between 14 and 16 years of age; working hours for children of 14–16 years which shall not be more than 24 hours per week; the prohibition for workers below 18 years to undertake hazardous and harmful work, overtime work and night work; and the duration of the daily uninterrupted rest period which shall not be less than 14 hours for workers between 14 and 16 years and not less than 12 hours for workers between 16 and 18 years. The Committee requests the Government to provide information on the functioning of the SHI, including 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. The Committee also requests the Government to take the necessary measures to ensure that the labour inspectors within the SHI have received adequate training on child labour issues.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s first report. The Committee also notes that amendments to the Labour Code entered into force on 7 August 2010. The Committee requests the Government to provide a copy of the Labour Code, as amended in 2010, with its next report.

Article 1 of the Convention and Part V of the report form. National policy on the effective abolition of child labour and the application of the Convention in practice. The Committee notes that the National Plan of Action for the Protection of the Rights of the Child 2004–15 (NPA 2004–15) includes, as one of its seven themes, the elimination of child labour (within the context of social security measures). The Committee also notes the information in a report on the worst forms of child labour in Armenia of 9 September 2010 (WFCL Report), available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), which indicates that children in Armenia work primarily in agriculture, but also work in small enterprises and family-run businesses. The Committee further notes the statement in the NPA 2004–15, that while child labour exists in Armenia, there is a lack of statistical information on this subject. In this regard, the Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Armenia is available, including information on the number of children and young persons working below the minimum age and the nature, scope and trends of their work. It also requests the Government to provide this information, when it becomes available. Lastly, the Committee requests the Government to provide information on the concrete measures taken, within the framework of the NPA 2004–15, to progressively eliminate child labour.

Article 2(1). Scope of application. The Committee notes that, section 1(1) of the Labour Code of the Republic of Armenia 2004 (Labour Code) states that the Code regulates “collective and individual working relations”. Section 13 of the Labour Code states that “[l]abour relations are those relations, which are based on the mutual agreement of employee and employer, under which the employee shall personally perform labour functions…with certain remuneration”. Therefore, it appears that the Labour Code and its provision relating to the minimum age of admission to employment or work, do not apply to work performed outside the framework of a formal labour relationship, such as self-employment or non-remunerated work. In this regard, the Committee notes the UNICEF study entitled “Child Labour in the Republic of Armenia” of 2008 which indicates that the majority of work performed by young persons is unpaid family work. This study indicated that less than 4 per cent of young persons performed paid work. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all kinds of employment or work, including work performed by children and young persons on an unpaid basis or in the absence of an employment relationship. Therefore, the Committee requests 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 unpaid work, work in the informal sector or work on a self-employed basis, benefit from the protection provided by the Convention.

Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 16 years as the minimum age for admission to employment or work. The Committee notes that article 32 of the Constitution states that children under the age of 16 shall not be permitted to work full time, and that the procedure and conditions for their hiring to a part-time job shall be defined by the law. Section 15(2) of the Labour Code states that from the age of 16, persons have the legal capacity to acquire and implement labour rights and engage in work on a full time basis, subject to exceptions stipulated in the Code and other laws.

Article 2(3). Age of completion of compulsory education. The Committee notes that article 39 of the Constitution provides the right to education and for compulsory basic general education. The Committee notes an absence of information in the Government’s report on the age at which compulsory basic education is completed, but notes that the 2010 UNESCO report entitled “Education for All – Global Monitoring Report” indicates that compulsory education in Armenia lasts from the age of 7 to the age of 15, one year below the specified minimum age. The Committee also notes the indication in the UNICEF study entitled “School Wastage Study Focusing on Student Absenteeism in Armenia” of 2008 that the Government intends to revise the current education system and that this revision will include adding an extra year of compulsory education. Nonetheless, this study indicates that the policy of compulsory education is not strongly enforced in Armenia and that school drop-out rates have increased significantly in recent years.

The Committee therefore recalls that education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B), ILC, Sixth Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. In this regard, the Committee requests the Government to indicate the age of completion of compulsory education, and to provide a copy of the relevant legislation. If the age of completion of compulsory schooling is below the age of 16, the Committee strongly encourages the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment, which is 16 years, as a means of combating and preventing child labour.

Article 3(1). Minimum age for admission to hazardous work. The Committee notes that section 257 of the Labour Code prohibits employing persons under 18 years of age in hard works, work involving possible exposure to agents which are toxic, carcinogenic or dangerous to health, work involving the possible exposure to ionising radiation or other hazardous and harmful agents, work involving higher risk of accidents or occupational diseases, as well as work which a young person might not be able to perform safely due to a lack of experience or attention to safety.

Article 3(2). Determination of hazardous work. The Committee notes the Government’s statement that, pursuant to the section 257 of the Labour Code, Governmental Decision No. 2308-N establishes a list of types of hazardous work prohibited to persons under 18. The Government indicates that this list references exposure to chemical agents, physical factors, biological factors and industrial agents. The Committee also notes that section 148(3) of the Labour Code prohibits persons under 18 from working at night.

Article 6. Vocational training and apprenticeship. The Committee notes that provisions of the Labour Code mention vocational institutions (stating that persons engaged in such training should not be subject to overtime work and should receive educational leave during exams, pursuant to sections 144 and 174). The Committee also notes the Government’s statement in its national report to the Human Rights Council for the Universal Periodic Review of 17 February 2010 that there are 30 vocational schools functioning in Armenia with the enrolment of approximately 7,500 students (A/HRC/WG.6/8/ARM/1, paragraph 90). However, the Committee observes an absence of information on apprenticeships and the applicable minimum age for these positions. Recalling that Article 6 of the Convention authorizes work to be carried out in enterprises within the context of an apprenticeship programme by persons aged at least 14 years, the Committee requests the Government to indicate if young persons engage in apprenticeships in Armenia, and, if so, the applicable minimum age.

Article 7. Light work. The Committee notes that section 17(2) of the Labour Code permits persons between the ages of 14 and 16 to work, with the consent of their parent or guardian (section 17(3) of the Labour Code states that it is prohibited to conclude a labour contract with a person below the age of 14). The Committee also notes that section 140(1)(1) of the Labour Code states that persons between the ages of 14 and 16 may work a maximum of 24 hours per week. In this regard, the Committee observes that there appears to be no determination as to the types of work permitted for persons between the ages of 14 and 16. It therefore reminds the Government that, pursuant to Article 7(1) of the Convention, national laws may permit young persons, from the age of 14, to engage in work, provided that: (a) this work is not likely to be harmful to their health or development; and (b) is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instructions received. The Committee further recalls that Article 7(3) of the Convention stipulates that the competent authority shall determine, apart from the hours and conditions of work, the activities in which employment or light work may be permitted. The Committee accordingly requests the Government to provide information on measures taken or envisaged to determine the light work activities that may be undertaken by children of 14 years of age and to prescribe the conditions in which such work may be undertaken.

Article 8. Artistic performances. The Committee notes the information in the Government’s report that section 30(2) of the Civil Code states that minors of between the ages of 14 to 18 years have the right, independently, without the consent of parents, adoptive parents, or curator to exercise the rights of a creator of a work of scholarship, literature, or art, of invention, or of other result of intellectual activity protected by statute. However, the Committee observes that the provisions of the Civil Code do not appear to regulate the participation of minors in these artistic activities. The Committee reminds the Government that Article 8 of the Convention provides for the possibility of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances. Permits thus granted shall limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. In this respect, the Committee requests the Government to indicate whether in practice children under the age of 16 years participate in artistic performances, and if so, to indicate any measures taken to regulate these activities.

Article 9(1). Penalties. The Committee notes the Government’s indication that, pursuant to section 41 of the Code on Administrative Offenses, a violation of the labour legislation (or other normative legal norms regulating labour law) results in a warning for the offender. The Government indicates that a further violation, committed for up to a year after the application of a warning, results in a fine equivalent to 50 times the minimum wage applicable to the employer. The Committee also notes the Government’s indication that the Code on Administrative Offenses was amended in 2005 (by Act HO-78-N) and in 2007 (by Act HO-296-N). The Committee requests the Government to provide an
up-to-date copy of the Code of Administrative Offenses. The Committee also requests the Government to provide information on the application of these penalties in cases of violations relating to the employment of children and young persons, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that section 90(2) of the Labour Code stipulates that the employer is liable to keep work books of all employees working at the main place of work. Section 90(3) of the Labour Code specifies that an employee’s work book comprises the employee’s name, their date of birth, and the length of their employment contract. Section 90(6) indicates that the form of the work book is defined by the Government. Recalling that, pursuant to Article 9(3) of the Convention, national laws or regulations shall prescribe the registers or other documents which shall be kept and made available by the employer, containing the name and ages (or dates of birth), 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 these employee work books are made available to labour inspectors. The Committee also requests the Government to provide a copy of the work book form, with its next report.

Part III of the report form. State Labour Inspectorate. The Committee notes the Government’s statement that the State Labour Inspectorate is responsible for the application of labour legislation, and that this institution applies the penalties outlined in the relevant legislation. The Committee also notes that section 10(14) of the Law on the Labour Inspectorate states that the State Labour Inspectorate is responsible for ensuring the guarantees defined by labour legislation for persons under 18. The Committee further notes the information in the WFCL of 10 September 2009, that the State Labour Inspectorate employs 140 labour inspectors. This report also indicates that the State Labour Inspectorate has not received any complaints of child exploitation since its establishment in March 2005 and therefore has not conducted any investigations. The WFCL Report further indicates that the State Labour Inspectorate inspectors have not yet received specific training on child exploitation issues. The Committee therefore requests the Government to take measures to ensure that labour inspectors have received adequate training on child labour issues. It also requests the Government to provide information on the performance of inspections by the State Labour Inspectorate in practice, concerning the monitoring of child labour. In this regard, the Committee requests the Government to provide information on the number and nature of violations detected involving children and young persons, including the number of investigations conducted, and, where possible, extracts from reports of labour inspectors.