Minimum Age Convention, 1973 (No. 138) - Republic of Moldova (Ratification: 1999)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the National Confederation of Trade Unions of Moldova (CNSM), received on 17 August 2022.

Article 2(1) of the Convention. Scope of application and labour inspection. Children working in the informal economy and self-employed children. The Committee notes the Government’s indication, in its report, that labour inspections concerning 26 employees under the age of 18 were carried out in 2021. In total, 31 violations of the national legislation in relation to work of young persons under 18 years were detected. This included, amongst others, violations of sections 46(3) (employment of persons under 15 years of age); 71 (use of undeclared work); and 253(1) (employment of young persons under 18 years without conducting a medical examination) of the Labour Code. The Government also indicates that labour inspectors submitted four contravention minutes to the courts which led to the adoption of three court decisions sanctioning the employers with fines.

The Committee recalls that in its detailed comments under the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), it noted the decrease in the number of inspections carried out by the State Labour Inspectorate, including in agriculture, and of workers covered by inspection controls as well as the restrictions on the undertaking of labour inspections. While noting certain measures taken by the Government, the Committee requests the Government to strengthen its efforts to ensure that the protection afforded by the Convention is guaranteed to all children working outside a formal employment relationship, such as self-employed children or children in the informal economy. In this regard, the Committee encourages the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working both in the formal and in the informal economy, particularly in the agricultural sector. It further requests the Government to continue to provide information on the activities carried out by the State Labour Inspectorate 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.

Minimum age for admission to employment or work. The Committee notes the Government’s indication that section 46(3) of the Labour Code, which allows children over 15 years of age to conclude work contracts with the written permission of their parents, or legal representatives, provided that this does not impair their health, education, development or vocational training, is in line with Article 2(3) of the Convention which sets out a minimum age for admission to employment or work of not less than 15 years.

The Committee recalls once again that as per Article 2(1) of the Convention, a Member state which ratifies the Convention shall specify, in a declaration appended to its ratification, a minimum age for admission to employment or work. The Committee further recalls that, upon ratifying the Convention, the Government declared 16 years to be the minimum age for admission to employment and that, consequently, pursuant to Article 2(1) of the Convention, children under that age may not be admitted to work except in light work, which may be undertaken in the conditions set out in Article 7 of the Convention. The Committee also notes that the CNSM, in its observations, indicates that the provisions of section 46(3) of the Labour Code should be adjusted, in accordance with the requirements of the Convention. The Committee urges the Government to take the necessary measures, without further delay, to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation, except for light work. The Committee requests the Government to provide information on the measures taken in this regard.

Article 7(3). Determination of light work. The Committee previously noted the Government’s information that, in the context of the revision of the list of types of hazardous work prohibited for children under the age of 18 years, discussions would be undertaken with regard to adopting a list of light work activities that may be carried out by children of 14 years of age, pursuant to section 11(2) and (3) of the Child Rights Act of 1994. The Committee notes with regret the absence of information in the Government’s report concerning its previous request to provide information on the progress made with regard to the adoption of a list of light work activities that may be carried out by children of 14 to 16 years of age. The Committee also takes note of the CNSM’s observations pointing out the importance of the adoption of such a list.

The Committee recalls that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to determine the types of light work activities that may be undertaken by children from 14 to 16 years of age, as well as the number of hours and the conditions in which such light work may be undertaken. It asks the Government to provide information on the progress made in this regard in its next report.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 2(1) of the Convention. 1. Scope of application and labour inspection. Children working in the informal economy and self-employed children.  In its previous comments, the Committee noted the Government’s statement that neither the Labour Code nor Law No. 140-XV of 2001 on State Labour Inspectorate exclude from their application enterprises from the informal economy, or persons employed in the informal economy. The Government however indicated that due to the hidden character of the work in the informal economy, the control and monitoring of the activities of persons employed in this sector presented certain difficulties. The Committee further noted the measures taken by the Government to bring workers from the informal economy, including minors, into the legal framework. In particular, the Law No. 169 of 2012 on amending certain provisions of the Labour Code and the Contravention Code introduced administrative sanctions for the use of undeclared work, including by children. In addition, according to Government Decision No. 788 of 2013, the staff of the labour inspectorate had been increased by 12 units in order to effectively conduct the monitoring of child labour. The Committee further noted that according to the data provided by the Child Labour Monitoring Unit (CLMU) of the labour inspectorate, in 2014, 142 children and young persons under the age of 18 years had been identified as performing activities such as cooks and waiters; tailors; taking care of animals, washing cars and in agricultural works.

The Committee notes the Government’s indication in its report that labour inspections with respect to 29 employees under the age of 18 were carried out in 2019. In particular, labour inspectors detected violations of the legislation on employment of minors such as undeclared work, the absence of a written individual employment contract, and work in dangerous conditions. The Government further indicates that six acts of labour inspection control concerning violations of sections 55(2) (violation of labour legislation in relation to a minor), 55-1 (use of undeclared work), and 58 (admission of a minor to work in dangerous conditions) of the Contravention Code have been submitted to the court. In addition, labour inspectors issued prescriptions for the withdrawal of children under 18 years of age from work performed in violation of the law. The Committee also takes note of the information provided by the Government that in 2019, 2 122 students from 69 pre-university education institutions attended seminars conducted by labour inspectors on the provisions of the national legislation concerning employment of children under the age of 18.

The Committee, however, has noted in its comments of 2019, under the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129) a significant decrease in the number of inspectors, restrictions on the undertaking of labour inspections, and a decrease in the number of inspections carried out in agriculture, forestry and fisheries. The Committee further notes that the UN Committee on the Rights of the Child (CRC) in its 2017 concluding observations recommended strengthening the labour inspectorate and the CLMU (CRC/C/MDA/CO/4-5, paragraph 38). The Committee requests the Government to continue to pursue its efforts to ensure that children under the minimum age who are working without an employment relationship, such as children working on a self-employed basis or in the informal economy, benefit from the protection afforded by the Convention. It also requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate so that it can effectively monitor and detect cases of child labour, and prevent and remedy conditions that inspectors have reasonable cause to believe constitute a threat to the health or safety of children, including in agriculture and the informal economy. It further requests the Government to provide information on the number and nature of violations reported and penalties imposed in this regard.

2. Minimum age for admission to employment or work. The Committee previously noted that, according to section 46(2) of the Labour Code, a person attains working capacity at the age of 16. It noted, however, that section 46(3) of the Labour Code allows children of over 15 years of age to conclude work contracts with the written permission of their parents, or legal representatives, provided that this does not impair their health, education, development or vocational training.

The Committee notes the Government’s indication that the Convention sets out the minimum age for admission to employment, which may not be less than 15 years or 18 years for hazardous work. The Committee however once again reminds the Government that, on ratifying the Convention, it declared 16 years to be the minimum age for admission to employment and that, consequently, pursuant to Article 2(1) of the Convention, children under that age may not be admitted to work except for light work, which may be undertaken in the conditions set out in Article 7 of the Convention. The Committee therefore reiterates its requests to the Government to take the necessary measures, without delay, to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation, except for light work. It further requests the Government to provide information on the measures taken in this regard.

Article 7(3). Determination of light work.  The Committee previously noted the Government’s information that, in the context of the revision of the list of types of hazardous work prohibited for children under the age of 18 years, discussions would be undertaken with regard to adopting a list of light work activities that may be carried out by children of 14 years of age, pursuant to section 11(2) and (3) of the Child Rights Act. Noting an absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the progress made with regard to the adoption of a list of light work activities that may be carried out by children of 14 to 16 years of age.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(1) of the Convention. 1. Scope of application. Children working in the informal economy and self-employed children. The Committee previously noted that section 46 of the Labour Code, which sets out the minimum age of 16 years for employment, applies only to individual labour contracts. In this regard, it noted the various measures taken by the Government to protect children working in the informal economy, such as: (i) the establishment of the Child Labour Monitoring Unit (CLMU) of the labour inspectorate which had been effectively monitoring the illegal employment of children through inspection visits to enterprises, as well as to private and individual employers and entities; (ii) the establishment of a working group pursuant to Government Decision No. 477 of 2011 in order to ensure the implementation of an action plan to reduce the practice of the illegal employment of children; (iii) carrying out a national campaign on labour inspection in agriculture, as well as in the construction sector to prevent and combat the illegal employment of children; (iv) introducing the knowledge of labour law and other child labour-related issues in the school curriculum; and (v) carrying out awareness-raising programmes and meetings of teachers and parents on the importance of education and the risks of involving children in work. The Committee also noted the Government’s statement that the National Steering Committee on the Elimination of Child Labour together with the CLMU, decided that children shall not be involved in autumn agricultural work as it affects the educational process. However, noting that, according to the Children’s Activities Survey of 2010, the majority of employed children between 5 and 17 years (95.3 per cent) work as unpaid family workers, the Committee requested the Government to redouble its efforts to ensure that children working in the informal economy, including in unpaid family work, enjoy the protection afforded by the Convention.

The Committee notes the Government’s statement that neither the Labour Code nor Law No. 140-XV of 2001 on State Labour Inspectorate exclude from their application enterprises from the informal economy, or persons employed in the informal economy. However, due to the hidden character of the work in the informal economy, the control and monitoring of the activities of persons employed in this sector presents certain difficulties. The Government’s report also indicates that efforts are being undertaken at orienting and bringing workers from the informal economy, including minors, into the legal framework. In this regard, the Committee notes the Government’s information that Law No. 169 of 2012 on amending certain provisions of the Labour Code and the Contravention Code, introduced administrative sanctions for the use of undeclared work, including by children. This, according to the Government, will have a positive impact on child labour in the informal economy. The Committee also notes the Government’s indication that according to Government Decision No. 788 of 2013, the staff of the labour inspectorate was increased by 12 units in order to effectively conduct the monitoring of child labour. The Committee further notes from the Government’s report that according to the data provided by the CLMU, in 2014, 142 children and young persons under the age of 18 years were identified as performing activities such as cooks and waiters; tailors; taking care of animals, washing cars and in agricultural works. Finally, the Committee notes the Government’s indication that following the inspections carried out in peasant households from 2012 to 2015, 20 minors, including 12 children aged up to 15 years, were found working who were subsequently withdrawn. The Committee requests the Government to pursue its efforts, including through strengthening the labour inspection services to ensure that children under the minimum age who are working without an employment relationship, such as children working on a self-employed basis or on an unpaid basis in family enterprises or in the informal economy, benefit from the protection afforded by the Convention. It requests the Government to provide information on the steps taken in this regard and the results achieved.

2. Minimum age for admission to employment or work. The Committee previously noted that, according to section 46(2) of the Labour Code, a person attains working capacity at the age of 16. It noted, however, that section 46(3) allows children of over 15 years of age to conclude work contracts with the written permission of their parents, or legal representatives, provided that this does not impair their health, education, development or vocational training. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures, without delay, to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation. It requests the Government to provide information on the measures taken in this regard.

Article 7(3). Determination of light work. The Committee previously noted the Government’s information that, in the context of the revision of the list of types of hazardous work prohibited for children under the age of 18 years, discussions would be undertaken with regard to adopting a list of light work activities that may be carried out by children of 14 years of age, pursuant to section 11(2) and (3) of the Child Rights Act.

The Committee notes the absence of information in the Government’s report on this point. The Committee therefore requests the Government to provide information on the progress made with regard to the adoption of a list of light work activities that may be carried out by children of 14 years of age.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 2(1) of the Convention. 1. Scope of application. Children working in the informal economy and self-employed children. The Committee previously noted that section 46 of the Labour Code, which sets out the minimum age of 16 years for employment, applies only to individual labour contracts. In this regard, it noted the various measures taken by the Government to protect children working in the informal economy, such as: (i) the establishment of the Child Labour Monitoring Unit (CLMU) of the labour inspectorate which had been effectively monitoring the illegal employment of children through inspection visits to enterprises, as well as to private and individual employers and entities; (ii) the establishment of a working group pursuant to Government Decision No. 477 of 2011 in order to ensure the implementation of an action plan to reduce the practice of the illegal employment of children; (iii) carrying out a national campaign on labour inspection in agriculture, as well as in the construction sector to prevent and combat the illegal employment of children; (iv) introducing the knowledge of labour law and other child labour-related issues in the school curriculum; and (v) carrying out awareness-raising programmes and meetings of teachers and parents on the importance of education and the risks of involving children in work. The Committee also noted the Government’s statement that the National Steering Committee on the Elimination of Child Labour together with the CLMU, decided that children shall not be involved in autumn agricultural work as it affects the educational process. However, noting that, according to the Children’s Activities Survey of 2010, the majority of employed children between 5 and 17 years (95.3 per cent) work as unpaid family workers, the Committee requested the Government to redouble its efforts to ensure that children working in the informal economy, including in unpaid family work, enjoy the protection afforded by the Convention.

The Committee notes the Government’s statement that neither the Labour Code nor Law No. 140-XV of 2001 on State Labour Inspectorate exclude from their application enterprises from the informal economy, or persons employed in the informal economy. However, due to the hidden character of the work in the informal economy, the control and monitoring of the activities of persons employed in this sector presents certain difficulties. The Government’s report also indicates that efforts are being undertaken at orienting and bringing workers from the informal economy, including minors, into the legal framework. In this regard, the Committee notes the Government’s information that Law No. 169 of 2012 on amending certain provisions of the Labour Code and the Contravention Code, introduced administrative sanctions for the use of undeclared work, including by children. This, according to the Government, will have a positive impact on child labour in the informal economy. The Committee also notes the Government’s indication that according to Government Decision No. 788 of 2013, the staff of the labour inspectorate was increased by 12 units in order to effectively conduct the monitoring of child labour. The Committee further notes from the Government’s report that according to the data provided by the CLMU, in 2014, 142 children and young persons under the age of 18 years were identified as performing activities such as cooks and waiters; tailors; taking care of animals, washing cars and in agricultural works. Finally, the Committee notes the Government’s indication that following the inspections carried out in peasant households from 2012 to 2015, 20 minors, including 12 children aged up to 15 years, were found working who were subsequently withdrawn. The Committee requests the Government to pursue its efforts, including through strengthening the labour inspection services to ensure that children under the minimum age who are working without an employment relationship, such as children working on a self-employed basis or on an unpaid basis in family enterprises or in the informal economy, benefit from the protection afforded by the Convention. It requests the Government to provide information on the steps taken in this regard and the results achieved.

2. Minimum age for admission to employment or work. The Committee previously noted that, according to section 46(2) of the Labour Code, a person attains working capacity at the age of 16. It noted, however, that section 46(3) allows children of over 15 years of age to conclude work contracts with the written permission of their parents, or legal representatives, provided that this does not impair their health, education, development or vocational training. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures, without delay, to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation. It requests the Government to provide information on the measures taken in this regard.

Article 7(3). Determination of light work. The Committee previously noted the Government’s information that, in the context of the revision of the list of types of hazardous work prohibited for children under the age of 18 years, discussions would be undertaken with regard to adopting a list of light work activities that may be carried out by children of 14 years of age, pursuant to section 11(2) and (3) of the Child Rights Act.

The Committee notes the absence of information in the Government’s report on this point. The Committee therefore requests the Government to provide information on the progress made with regard to the adoption of a list of light work activities that may be carried out by children of 14 years of age.

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

Article 2(1) of the Convention. 1. Scope of application. Children working in the informal economy and self-employed children. The Committee previously noted that section 46 of the Labour Code, which sets out the minimum age of 16 years for employment, applies only to individual labour contracts. In this regard, it noted the various measures taken by the Government to protect children working in the informal economy, such as: (i) the establishment of the Child Labour Monitoring Unit (CLMU) of the labour inspectorate which had been effectively monitoring the illegal employment of children through inspection visits to enterprises, as well as to private and individual employers and entities; (ii) the establishment of a working group pursuant to Government Decision No. 477 of 2011 in order to ensure the implementation of an action plan to reduce the practice of the illegal employment of children; (iii) carrying out a national campaign on labour inspection in agriculture, as well as in the construction sector to prevent and combat the illegal employment of children; (iv) introducing the knowledge of labour law and other child labour-related issues in the school curriculum; and (v) carrying out awareness-raising programmes and meetings of teachers and parents on the importance of education and the risks of involving children in work. The Committee also noted the Government’s statement that the National Steering Committee on the Elimination of Child Labour together with the CLMU, decided that children shall not be involved in autumn agricultural work as it affects the educational process. However, noting that, according to the Children’s Activities Survey of 2010, the majority of employed children between 5 and 17 years (95.3 per cent) work as unpaid family workers, the Committee requested the Government to redouble its efforts to ensure that children working in the informal economy, including in unpaid family work, enjoy the protection afforded by the Convention.

The Committee notes the Government’s statement that neither the Labour Code nor Law No. 140-XV of 2001 on State Labour Inspectorate exclude from their application enterprises from the informal economy, or persons employed in the informal economy. However, due to the hidden character of the work in the informal economy, the control and monitoring of the activities of persons employed in this sector presents certain difficulties. The Government’s report also indicates that efforts are being undertaken at orienting and bringing workers from the informal economy, including minors, into the legal framework. In this regard, the Committee notes the Government’s information that Law No. 169 of 2012 on amending certain provisions of the Labour Code and the Contravention Code, introduced administrative sanctions for the use of undeclared work, including by children. This, according to the Government, will have a positive impact on child labour in the informal economy. The Committee also notes the Government’s indication that according to Government Decision No. 788 of 2013, the staff of the labour inspectorate was increased by 12 units in order to effectively conduct the monitoring of child labour. The Committee further notes from the Government’s report that according to the data provided by the CLMU, in 2014, 142 children and young persons under the age of 18 years were identified as performing activities such as cooks and waiters; tailors; taking care of animals, washing cars and in agricultural works. Finally, the Committee notes the Government’s indication that following the inspections carried out in peasant households from 2012 to 2015, 20 minors, including 12 children aged up to 15 years, were found working who were subsequently withdrawn. The Committee requests the Government to pursue its efforts, including through strengthening the labour inspection services to ensure that children under the minimum age who are working without an employment relationship, such as children working on a self-employed basis or on an unpaid basis in family enterprises or in the informal economy, benefit from the protection afforded by the Convention. It requests the Government to provide information on the steps taken in this regard and the results achieved.

2. Minimum age for admission to employment or work. The Committee previously noted that, according to section 46(2) of the Labour Code, a person attains working capacity at the age of 16. It noted, however, that section 46(3) allows children of over 15 years of age to conclude work contracts with the written permission of their parents, or legal representatives, provided that this does not impair their health, education, development or vocational training. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures, without delay, to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation. It requests the Government to provide information on the measures taken in this regard.

Article 7(3). Determination of light work. The Committee previously noted the Government’s information that, in the context of the revision of the list of types of hazardous work prohibited for children under the age of 18 years, discussions would be undertaken with regard to adopting a list of light work activities that may be carried out by children of 14 years of age, pursuant to section 11(2) and (3) of the Child Rights Act.

The Committee notes the absence of information in the Government’s report on this point. The Committee therefore requests the Government to provide information on the progress made with regard to the adoption of a list of light work activities that may be carried out by children of 14 years of age.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(1) of the Convention. Scope of application. Children working in the informal economy and self-employed children. The Committee had previously noted that section 46 of the Labour Code, which sets out the minimum age of 16 years for employment, applies only to individual labour contracts. It had noted various provisions under the Labour Code (sections 3 and 46(5) and Chapters VII–XV) which indicate its applicability to employees working on the basis of an individual labour contract with an employer. It had also noted that, according to section 11(1) of Child Rights Act No. 127, children may carry out such work on an independent basis as their age, state of health and vocational training allow. The Committee had finally noted the Government’s statement that hiring a person is possible only under an individual employment contract concluded in writing, and any employee working without an employment contract shall be deemed to be working in an informal area which is not covered by the labour legislation. Having noted from the National Bureau of Statistics Survey report of 2010 that the majority of children working under the minimum age were working either on a self-employed basis or on an unpaid basis in a family enterprise, or in the informal economy, the Committee had requested the Government to take the necessary measures to ensure that children without an employment relationship, such as those who work on their own account or in the informal economy, benefit from the protection provided for in the Convention.

The Committee notes from the Government’s report that the Child Labour Monitoring Unit (CLMU) of the labour inspectorate has been effectively monitoring the illegal employment of children through inspection visits to enterprises as well as to private and individual employers and entities. According to the data provided by the Government, 252 young workers under the age of 18 years were found to be working in 25 enterprises and seven private/individual employers inspected during the period from July 2011 to July 2012. Out of the 252 young workers, 234 were working illegally without an individual labour contract, of which 55 children were employed in work prohibited for children under 18 years, mainly in the agricultural sector.

Moreover, according to Government Decision No. 477 of 2011, a working group was created in order to ensure the implementation of an action plan to reduce the practice of the illegal employment of children. In addition, a national campaign on labour inspection in agriculture as well as in the construction sector was held from September to November 2011 and from March to August 2012 respectively, in order to prevent and combat the illegal employment of children. The Government also indicates that regular monitoring and inspection activities were undertaken from April to September 2012 in the various sectors, including agriculture, with particular attention on young persons under 18 years of age. The Committee further notes the Government’s statement that the CLMU of the labour inspectorate issues annual notifications to employers on the possible consequences of employing children in violation of the provisions of the labour law.

Furthermore, the Ministry of Education has taken several steps against child labour, such as introducing the knowledge of labour law and other child labour-related issues in the school curriculum, awareness-raising programmes and meetings of teachers and parents on the importance of education and the risks of involving children in work. Special provisions for the participation of students and children of school-going age in cotton harvesting have been set up. According to these provisions, children over 15 years of age may be involved in work which is not considered dangerous to life and health for a maximum of two weeks during the school year with the subsequent recovery of schooling hours. The Committee finally notes the Government’s statement that the National Steering Committee on the Elimination of Child Labour together with the CLMU, at its meeting held on 27 July 2012, decided that children shall not be involved in autumn agricultural work as it affects the educational process. The Committee notes, however, that according to the Children’s Activities Survey, 2010, conducted by the National Bureau of Statistics and ILO–IPEC, the majority of employed children (95.3 per cent) work as unpaid family workers, including 76.9 per cent of children aged between 5–11 years, 95.7 per cent of children aged between 12–14 years and 92 per cent of children aged between 15–17 years. The Committee strongly encourages the Government to redouble its efforts to ensure that children working in the informal economy, including in unpaid family work, enjoy the protection afforded by the Convention. Since a large number of children work in family enterprises, the Committee requests the Government to indicate whether the labour inspection services carried out by the CLMU extend to family enterprises and, if so, to indicate the number of children under 16 years who have been withdrawn from their activities.

Minimum age for admission to employment or work. The Committee had previously noted that, according to section 46(2) of the Labour Code, a person attains working capacity at the age of 16. It had noted, however, that section 46(3) allows children of over 15 years of age to conclude work contracts with the written permission of their parents, or legal representatives, provided that this does not impair their health, education, development or vocational training. The Committee had further noted the Government’s indication that the draft Labour Code, which contains provisions fixing a unified minimum age of 16 years, was not accepted in the Parliament for non-compliance with the Revised European Social Charter. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures, without delay, to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation. It requests the Government to provide information on the measures taken in this regard.

Article 7(3). Determination of light work. The Committee had previously noted that section 11(2) and (3) of the Child Rights Act allows children of over 14 years of age to work with their parents’ consent and on condition that the work is combined with studies and that it does not impair their health, education, or physical, mental, spiritual or social development. It had also noted that sections 96 and 100 of the Labour Code prescribe the number of hours during which such work may be undertaken by children. The Committee had requested the Government to indicate whether the competent authority had determined the light work activities that may be undertaken by children of 14 years of age.

The Committee notes the Government’s information that, within the framework of the National Action Plan on the Prevention and Elimination of the Worst Forms of Child Labour approved by Government Decision No. 766 of October 2011, it has been envisaged to revise and update the list of types of hazardous work prohibited for children under the age of 18 years. The Government further states that, in this context, discussions will be undertaken with regard to adopting a list of light work activities that may be carried out by children of 14 years of age. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of light work activities that may be carried out by children of 14 years of age shall be determined in the near future. It requests the Government to provide information on any progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes from the Government’s report that, for the violations of the labour law concerning children and young persons detected by the labour inspectors, sanctions were applied to employers and notices were issued for the immediate withdrawal of children from such activities. Moreover, 22 complaints were filed against employers, of which 20 cases related to individual labour contracts and two cases concerned the engagement of children in dangerous work. The Committee also notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that, according to newly adopted Law No. 169 of July 2012, the fines for the violation of the labour law and legislation on safety and health, the violation of the provisions on individual labour contracts and those related to the prohibition of hazardous work by children have been increased. The Committee requests the Government to continue to provide information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2(1) of the Convention. Scope of application. The Committee had previously noted that section 46 of the Labour Code which sets out the minimum age of 16 years for employment, applies only to individual labour contracts. It had also noted section 11(1) of the Child Rights Act No. 127, which states that children may carry out such work on an independent basis as their age, state of health and vocational training allow. The Committee had requested the Government to take the necessary measures to extend the applicability of the minimum age provisions (16 years) to all sectors of economic activity and all forms of work, including children who are self-employed.

The Committee notes the Government’s statement that hiring a person is possible only under an individual employment contract concluded in writing, and any employee working without an employment contract shall be deemed to be working in an informal area which is not covered by the labour legislation. The Committee notes that, according to section 3 of the Labour Code, the provisions of the Labour Code apply to employees working on the basis of an individual labour contract with an employer, including employers or legal entities from the public, private or mixed sector that use recruited labour, as well as employees from other non-commercial organizations that use recruited labour. It also notes that, by virtue of section 46(5) of the Labour Code, any person, physical or legal, regardless of the ownership and legal form of organization who uses wage labour can be an employer and a party to the individual labour contract. The Committee further notes that Chapters VII–XV of the Labour Code cover employees in various sectors, including employees hired for seasonal work, employees performing home work, employees in the transportation sector, as well as employees hired for a period of execution of certain work which requires the conclusion of an individual employment contract. Moreover, according to section 326 of the Labour Code, work with peasant households (farmer households) requires an individual labour contract to be concluded in writing and to be registered at the local public administration authority.

The Committee notes, however, from the Government’s report that, according to the data on employment of young persons prepared by the National Bureau of Statistics in 2010, 31.7 per cent of children aged between 15–17 years are wage paid employees, 34.2 per cent are self-employed workers and 34.1 per cent are unpaid family workers. The survey report further indicated that 37 per cent of the children between 15–17 years of age were employed in the informal economy, and 89.9 per cent had an informal job. Noting that the majority of children working under the minimum age are working either on a self-employed basis or on an unpaid basis in a family enterprise, or in the informal economy, the Committee requests the Government to take the necessary measures to ensure that children without an employment relationship, such as those who work on their own account or in the informal economy, benefit from the protection provided for in the Convention. In this regard, the Committee requests the Government to adapt and strengthen the labour inspection services to effectively monitor children working in the informal sector. It requests the Government to provide information on the measures taken in this regard along with its next report.

Minimum age for admission to employment or work. The Committee had previously noted that, according to section 46(2) of the Labour Code, a person attains working capacity at the age of 16. It had noted, however, that section 46(3) allows children of over 15 years of age to conclude work contracts with the written permission of their parents, or legal representatives, provided that this does not impair their health, education, development or vocational training. It had also noted the Government’s indication that it was in the process of amending the Labour Code, in such a way as to provide a unique employment age of 16 years.

The Committee notes the Government’s information that the draft law amending and supplementing the Labour Code, which included provisions fixing a unified minimum age of 16 years, was not accepted in the Parliament for non-compliance with the Revised European Social Charter. The Committee requests the Government to take the necessary measures, without delay, to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation. It requests the Government to provide information on the measures taken in this regard.

Article 7(3). Determination of light work. The Committee had previously noted that section 11(2) and (3) of the Child Rights Act allows children of over 14 years of age to work with their parents’ consent and on condition that the work is combined with studies and that it does not impair their health, education, or physical, mental, spiritual or social development. It had also noted that sections 96 and 100 of the Labour Code prescribe the number of hours during which such work may be undertaken by children. Noting the absence of information in the Government’s report with regard to its previous comments, the Committee once again requests the Government to indicate whether the competent authority has determined the light work activities that may be undertaken by children of 14 years of age.

Article 9(3). Keeping of registers. The Committee had previously noted the Government’s indication that a list of employees with their names and dates of birth must be kept in enterprises, institutions and organizations, and requested the Government to specify and supply a copy of the text which contains the above provision. The Committee notes that, according to section 66 of the Labour Code, labour books containing data regarding the employee should be kept in the entity.

Part V of the report form. Application of the Convention in practice. The Committee notes the data provided by the Government from the Child Labour Monitoring Unit of the labour inspectorate. According to this data, from 2009 to 2011, labour inspectors detected 527 children who were employed, including 265 children aged 17 years, 36 children aged 16 years, 157 children aged 15 years and 69 children aged 13 years. These children were mainly employed in agriculture, industry, construction, trade, manufacturing of clothing and footwear as well as in hazardous work at nightclubs, as assemblers of wooden articles with pneumatic gun, and as bakers. Most of the violations detected were with regard to illegal employment, working time and lack of training in safety and health.

The Committee also notes that, according to the National Bureau of Statistics Report on Working Children in the Republic of Moldova, 2010, about 177,000 children between the ages of 5–17 years were engaged in economic activities of which 61.6 per cent (109,000) were child labourers and 63 per cent of whom were in the age group of 5–14 years. The Committee expresses its concern at the high number of children under the minimum age working in the Republic of Moldova. The Committee therefore urges the Government to redouble its efforts to improve the situation of child labour in the country and requests it to provide information on the measures taken in this regard. The Committee also requests the Government to continue providing information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee had previously noted that section 46 of the  Labour Code, which sets out the minimum age for employment, applies only to individual labour contracts. It had also noted section 11(1) of the Child Rights Act No. 127, which states that children may carry out such work on an independent basis as their age, state of health and vocational training allow. The Committee further noted the Government’s information that it is in the process of amending the Labour Code and the Child Rights Act so as to provide a unique minimum employment age of 16 years.

Noting the absence of information in the Government’s report, the Committee once again reminds the Government that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, including work performed by children and young persons in the absence of a contractual employment relationship. The Committee therefore encourages the Government to take measures to extend the applicability of the minimum age provisions (16 years) to all sectors of economic activity and all forms of work, including children who are self-employed. The Committee requests the Government to provide information on the progress made in this regard.

2. Minimum age for admission to employment or work. The Committee had previously noted that, according to section 46(2) of the Labour Code, a person attains working capacity at the age of 16. It had noted, however, that section 46(3) allows children of over 15 years of age to conclude work contracts with the written permission of their parents, or legal representatives, provided that this does not impair their health, education, development or vocational training. The Committee noted that, at the time of ratification, the Government declared 16 years to be the minimum age for admission to employment, and noted the Government’s indication that it was in the process of amending the Labour Code, in such a way as to provide a unique employment age of 16 years. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on any amendments made to the Labour Code with a view to setting the minimum age for admission to employment or work in any occupation at 16. It also requests the Government to supply a copy of this act, once amended.

Article 6. Apprenticeship. The Committee previously requested the Government to provide a copy of the Law on Education of 1995. The Committee notes that section 21 (2) of the Law of Education states that the Government guarantees the teaching of professions to gymnasium graduates (grades 5 through 9) who have not reached the age of sixteen and who do not attend lyceum (general secondary schools, grades 10 through 12). The Committee also notes that, pursuant to section 21(9) of the Law on Education, the practical experience period provided for pupils enrolled in vocational secondary education is carried out on a contractual basis at state and private enterprises, and that pursuant to section 21(10), state owned economic agents with more than 20 employees are obliged to offer working places for this period of practical experience and apprenticeships. The Committee further notes the information in the Government’s report to the Committee on the Rights of the Child (CRC) of 10 July 2008 that a National Coordinating Council in Secondary Vocational Education was established, and that this body has drafted a development strategy for 2006-2016 (CRC/C/MDA/3, paragraph 348).

Article 7, paragraph 3. Determination of light work. In its previous comments, the Committee noted that the provisions of section 11(2) and (3) of the Child Rights Act allow children of over 14 years of age to work with their parent’s consent and on condition that the work is combined with studies and that it does not impair the health, education, or physical, mental, spiritual or social development of the children. It had also noted that sections 96 and 100 of the Labour Code prescribe the number of hours during which such work maybe be undertaken. The Committee had requested the Government to indicate whether the competent authority has determined the light work activities and prescribed the conditions for such employment. Noting the absence of information on this point, the Committee recalls that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee once again requests the Government to indicate whether the competent authority has determined the light work activities that may be undertaken by children of 14 years of age and prescribed the conditions in which such employment may be undertaken.

Article 9, paragraph 1. Penalties. Following its previous comments, the Committee notes the information in the Government’s report that the Contravention Code entered into force 31 May 2009, repealing the Code on Administrative Contraventions of 1985, and notes the copy of the Contravention Code available on the Ministry of Justice website. It notes that section 55(1) of the Contravention Code provides penalties for violations of labour legislation, legislation on occupational safety and health, and other norms of social protection. It notes with interest that section 55(2) provides for harsher penalties when such infringements concern a minor. Pursuant to section 55(2) of the Contravention Code, infringements in relation to a minor committed by a natural person is sanctioned with a fine from 50 to 80 conventional units. When the same offence is committed by a company officer, this fine is from 100 to 150 conventional units, and when committed by a legal person, this fine is from 120 to 180 conventional units. The Committee also notes that section 58 of the Contravention Code states that involving a minor in work that is prohibited in the legislation incurs a fine of 30–40 conventional units when this act is committed by a natural person, and a fine of 100 to 150 conventional units when committed by a legal person. Section 58 also states that involving a minor in prohibited work may result in the employer losing authorization to perform certain activities for three months to a year. The Committee further notes that, pursuant to section 34 of the Contravention Code, one conventional unit is equal to 20 Moldovan leu (approximately US$1.76).

Article 9, paragraph 3. Keeping of registers. The Committee had previously noted the Government’s indication that a list of employees with their names and dates of birth must be kept in enterprises, institutions and organizations, and requested the Government to specify and supply a copy of the text which contains the above provision. Noting the absence of information on this point in the Government’s report, the Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names, 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 once again requests the Government to identify and provide a copy of the text which provides for an obligation of the employer to keep registers of employees under the age of 18 who work for him/her.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the number of cases under judicial examination concerning the application of the Convention was not registered. The Committee also notes the Government’s information that, according to the data submitted by the National Bureau of Statistics for the year 2007, a total of 8,200 persons under the age of 18 years were registered in the labour market. The Committee notes that in 2008, this number increased to 8,900 and that, during the first quarter of 2009, this number was 5,900.

The Committee notes that, according to information available on the UNICEF website, 32 per cent of children, aged 5–14, were engaged in economic activity during the years 1999–2007. The Committee also notes the information in the ILO–IPEC report entitled “Activities for Combating Child Labour and Trafficking in Children in Moldova” that child labour is present in the construction and transport sector, the wine and food processing industry, and the trade and services sector (such as restaurant work and car repairs), and that child labour is particularly prevalent in the agricultural sector. The Committee further notes the Government’s statement in its report to the CRC of 10 July 2008 that parents often involve their children in agricultural or household labour and that children’s involvement in work unsuitable for their ages endanger their physical and mental health as well as their school performances (CRC/C/MDA/3, paragraph 293). In addition, the Committee notes the information in the “Baseline Study on Basic Education in the Republic of Moldova, from the Perspective of Child Friendly Schools” issued by the Ministry of Education and UNICEF in 2008, that while the number of children who drop out of school remains low, the percentage of students who miss a significant number of classes is much higher. This study indicates that 11.4 per cent of non-attendance by children in rural areas is because these children work alongside their parents.

The Committee notes that the CRC, in its concluding observation of 20 February 2009, expressed concern at the lack of disaggregated data available on the economic activities of children in Moldova. Moreover, the CRC, while noting the measures taken by the Government to prevent and combat child labour, stated that the protections afforded by the law are not systematically enforced (CRC/C/MDA/CO/3, paragraph 64). The Committee asks the Government to take the necessary measures to ensure that the provisions giving effect to the Convention are effectively enforced. It also urges the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Moldova is available, particularly with regard to the number of working children under the minimum age for admission to employment (16 years), and to supply this information when it becomes available. The Committee further asks the Government to continue to provide information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of any contraventions reported and penalties applied.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee had previously noted that section 46 of the Labour Code, which sets out the minimum age for employment, applies only to individual labour contracts. It had also noted section 11(1) of the Child Rights Act No. 127, which states that children may carry out such work on an independent basis as their age, state of health and vocational training allow. Noting that the Government has not specified the minimum age for self-employment according to section 11(1) of the Child Rights Act, the Committee had requested the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed to children carrying out an economic activity that is not covered by a labour contract, such as self-employment. The Committee notes the Government’s information that it is in the process of amending the Labour Code and the Child Rights Act so as to provide a unique minimum employment age of 16 years. The Committee hopes that, as part of the legislative amendments, measures will be taken to extend the applicability of the minimum age provisions (16 years) to all sectors of economic activity and all forms of work, including self-employment. It requests the Government to provide information on the progress made in this regard.

2. Minimum age for admission to employment or work. The Committee had previously noted that, according to section 46(2) of the Labour Code, a person attains working capacity at the age of 16. It had noted, however, that section 46(3) allows children of over 15 years of age to conclude work contracts with the written permission of their parents, or legal representatives, provided that this does not impair their health, education, development or vocational training. Noting that, at the time of ratification, the Government declared 16 years to be the minimum age for admission to employment, the Committee requested the Government to take the necessary measures to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation. The Committee notes the Government’s information that it is in the process of amending the Labour Code in such a way as to provide a unique employment age of 16 years. The Committee requests the Government to keep it informed of any eventual amendments made to the Labour Code with a view to setting the minimum age for admission to employment at 16.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that, pursuant to section 255(2) of the Labour Code, a list of the types of hazardous work forbidden for persons under the age of 18 years, as well as the rules on maximum weights which may be lifted by this category of persons, was approved by the Government. The Committee once again requests the Government to provide a copy of the text setting the maximum loads that may be transported and lifted by persons under the age of 18 years.

Article 6. Apprenticeship. The Committee had previously noted the Government’s indication that, according to the Law on Education, vocational training for secondary-school pupils is performed on a contractual basis at a state or private enterprise. The Committee once again requests the Government to provide a copy of the Law on Education.

Article 7, paragraph 3. Determination of light work. In its previous comments, the Committee had noted the provisions of section 11(2) and (3) of the Child Rights Act which allows children of over 14 years of age to work with their parent’s consent and on condition that the work is combined with studies and that it does not impair the health, education, or physical, mental, spiritual or social development of the children. It had requested the Government to indicate whether the competent authority has determined the light work activities and prescribed the conditions for such employment. Noting the absence of information on this point, the Committee once again requests the Government to indicate whether the competent authority has determined the light work activities that may be undertaken by children of 14 years of age and prescribed the conditions in which such employment may be undertaken.

Article 9, paragraph 1. Penalties. The Committee notes the Government’s information that, as per the amendments made to the Code on Administrative Offences, any infringement of the provisions of the Labour Code with regard to minors is punishable with a fine amounting from 2,000 to 5,000 Moldovan Leu  (MDL) (section 41). Penalties for involving minors in hazardous work shall amount to a fine of MDL400. The Committee requests the Government to provide a copy of the Code on Administrative Offences, as amended.

Article 9, paragraph 3. Keeping of registers. Noting the Government’s indication that a list of employees with their names and dates of birth must be kept in enterprises, institutions and organizations, the Committee had previously requested the Government to specify and supply a copy of the text which contains the above provision. The Committee notes that the Government'’s report contains no information on this point. The Committee reminds the Government that, in accordance with Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names, 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 once again requests the Government to identify and provide a copy of the text which provides for an obligation of the employer to keep registers of employees under the age of 18 who work for him/her.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, out of the total estimates on the number of employees registered in the labour market every year, almost 0.1 per cent relates to persons under 18 years of age. According to the data submitted by the National Bureau of Statistics for the year 2005, a total of 11,300 persons under the age of 18 years were registered in the labour market; in 2006 the number increased to 12,500 and, during the first quarter of 2007, this number was 7,100. It also notes the Government’s information that: in 2005, labour inspectors conducted 6,327 inspections; in 2006, 6,025 inspections; and during the four months of 2007, 2,001 inspections. The Government indicates that, according to the labour inspection results from the year 2002 to the first quarter of 2007, the number of violations involving persons under 18 years (most of the violations concerned the absence of labour contract, especially in the agricultural sector, and overtime work) exceeded 2,200 persons. The Committee asks the Government to continue providing information on the application of the Convention in practice, including the number and nature of contraventions reported and penalties imposed. 

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 1 of the Convention. The Committee had previously asked the Government to provide information on the policy and methods followed to ensure the abolition of child labour. The Committee notes that the Republic of Moldova has developed a National Concept for the Protection of the Rights of the Child and Family (2002) and a Strategy for the Protection of the Child and Family (2003) which, among others, include the following tasks: to ensure social protection of the family and children at the national and local levels; to develop and harmonize legislation on child rights protection and to ensure application of relevant international standards; to create and develop national and local systems for monitoring the situation of children; and to ensure the social integration of children who need special protection. The Committee takes due note of this information.

Article 2, paragraph 1. 1. Scope of application. The Committee had previously noted that, under section 11(1) of the 1994 Child Rights Act, No. 127, children may carry out such work on an independent basis as their age, state of health and vocational training allow. Recalling that the Convention covers all forms of work or employment, including self-employment, the Committee had asked the Government to specify the minimum age for self-employment. The Committee notes that the Government’s report contains no information on this point. It also notes that section 46 of the Labour Code, which sets up the minimum age for employment, only applies to individual labour contracts. In this regard, the Committee reminds the Government that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, including work performed by children and young persons in the absence of a contractual employment relationship. The Committee therefore requests the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed to children carrying out an economic activity that is not covered by a labour contract, such as self-employment.

2. Minimum age for admission to employment or work. In its previous comments, the Committee had noted that, according to section 46(2) of the Labour Code, a person is able to work after attaining the age of 16 years. However, it had noted that section 46(3) of the Labour Code allows children of over 15 years of age to conclude work contracts with the written permission of their parents or legal representatives, provided that this does not impair their health, education, development, or vocational education or training. The Committee had reminded the Government that, on ratifying the Convention, it declared 16 years to be the minimum age for admission to employment and that, consequently, pursuant to Article 2, paragraph 1, of the Convention, children under that age may not be admitted to work except for light work, which may be undertaken in the conditions set out in Article 7 of the Convention. The Committee had requested the Government to take the necessary measures to ensure that no one under the age of 16 years may be admitted to employment or work in any occupation. Noting the absence of information on this point, the Committee once again requests the Government to take the necessary measures so as to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that, pursuant to section 255(2) of the Labour Code, a list of the types of hazardous work forbidden for persons under the age of 18, as well as the rules on maximum weights which may be lifted by this category of persons, was approved by the Government. It had requested the Government to provide a copy of the list of dangerous jobs and of the text setting the maximum loads that may be transported and lifted by minors. The Committee notes that the hazardous types of work have been determined by a list, approved by Government Decision No. 562 of 7 September 1993. The list includes types of work that are performed in 32 branches of the economy, in particular, underground work, metallurgical manufacture, work with electric power, petrochemical manufacture, microbiological manufacture, work in the industry of building materials, manufacture of glass and products from glass. The Committee asks the Government to provide a copy of the text setting the maximum loads that may be transported and lifted by persons under the age of 18.

Article 6. Apprenticeship. The Committee had previously noted that, under section 11 of the Child Rights Act, children of over 14 years of age may be admitted to work with their parents’ consent provided that the work is combined with studies. The Committee had reminded the Government that Article 6 of the Convention provides that the latter does not apply to work done by children of at least 14 years of age where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, and is an integral part of a course of education or training or a programme of training approved by the competent authority and carried out mainly or entirely in an undertaking, or a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee had requested the Government to clarify the meaning of section 11 of the Child Rights Act, stating in particular whether it means that children of over 14 years of age may work in an undertaking when the work is a part of education or training. It had also asked the Government to state under what conditions such children are admitted to work and to indicate what provisions govern training. The Committee notes the Government’s information that the national legislation provides for the possibility of vocational training at enterprises for secondary school pupils. It also notes the Government’s indication that, according to the Law on Education, vocational training for secondary school pupils is performed on a contract basis at state or private enterprises. The Committee asks the Government to provide a copy of the Law on Education.

Article 7, paragraph 3. Determination of light work. The Committee had previously noted that, under section 11(2) and (3) of the Child Rights Act, children of over 14 years of age may work if the work is combined with studies and on condition that it does not impair their health, education, or physical, mental, spiritual or social development. The Committee had reminded the Government that, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It had requested the Government to state whether there is a list of the jobs permitted under section 11(2) and (3) of the 1994 Child Rights Act and, if so, to provide a copy of it. Noting that sections 96 and 100 of the Labour Code prescribe the number of hours during which work may be undertaken, the Committee had also asked the Government to indicate whether the competent authority has determined the conditions of employment of the work in question. The Committee notes the absence of information on this point. It once again requests the Government to indicate whether the competent authority has determined the light work activities and prescribed the conditions in which such employment or work may be undertaken.

Article 9, paragraph 1. Penalties. The Committee had previously noted that, according to the Government, the provisions of section 41 of the Administrative Offences Code set the amount of fines for breaches of the labour legislation. The Committee once again asks the Government to provide a copy of the Administrative Offences Code.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted the Government’s indication that a list of employees which must record the birth date of each employee is kept in enterprises, institutions and organizations. Recalling that, under Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers to be kept and made available by the employer, and such registers shall contain the names, ages or dates of birth of employees, the Committee had asked the Government to state which text provides for the maintenance of a list of employees and to provide a copy of it. Noting the absence of information on this point, the Committee once again asks the Government to identify and provide a copy of a text which provides for an obligation of the employer to keep registers of employees under the age of 18 who work for him/her.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that, in general, in the Republic of Moldova, the provisions of the Convention are being applied in satisfactory manner and no cases of flagrant violations of the provisions of the Convention have been registered. It also notes that, according to the data submitted by the National Bureau of Statistics, out of 1,316,000 people occupied in economic activity in 2004, 11,700 were aged 15-17 years. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts of labour inspection reports and details of the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information sent by the Government in its reports. It notes with interest that the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 14 June 2002.

Article 1 of the Convention. The Committee notes that, according to a report produced in 2000 by UNICEF (Multiple Indicator Cluster Survey, Republic of Moldova - 2000, p. 24), 2 per cent of children aged 5-14 years are engaged in paid work, and about 10 per cent carry out unpaid work for someone other than a household member. The Committee requests the Government to provide information on the policy and methods followed to ensure the abolition of child labour.

Article 2, paragraph 1. Scope. The Committee notes that under section 11(1) of the 1994 Child Rights Act, No. 127, children may carry out such work on an independent basis as their age, state of health and vocational training allow. The Committee reminds the Government that the Convention covers all forms of work or employment, including self-employment. It therefore asks the Government to specify the minimum age for self-employment.

2. Minimum age for admission to employment or work. The Committee notes that, according to section 46(2) of the Labour Code of 2003, a person is able to work after attaining the age of 16 years. It notes, however, that section 46(3) of the Labour Code allows children of over 15 years of age to conclude work contracts provided that this does not impair their health, education, development, or vocational education or training. The Committee reminds the Government that on ratifying the Convention it declared 16 years to be the minimum age for admission to employment and that, consequently, pursuant to Article 2, paragraph 1, of the Convention, children under that age may not be admitted to work except for light work, which may be undertaken in the conditions set out in Article 7 of the Convention. The Committee requests the Government to take the necessary measures to ensure that no one under the age of 16 years may be admitted to employment or work in any occupation.

Article 3, paragraph 2. Determination of dangerous work. The Committee notes that section 255 of the Labour Code prohibits the employment of children under the age of 18 years in dangerous work, underground work or work that may impair the health or morals of minors. The provision cites, as examples of work that may impair the morals of minors, work carried on at night in nightclubs or bars, the transport and buying and selling of spirits, tobacco, narcotics and toxic substances. Section 255 provides that a list shall determine the work to be treated as dangerous and the rules on maximum weights which may be lifted by minors in the course of the manual transport and lifting of objects. The Committee notes that according to the Government a list of industries, occupations and dangerous jobs prohibited for children of under 18 years was approved by Government Decision No. 562 of 7 September 1993 and that the weights authorized for the lifting and manual transport of loads will be drawn up following the entry into force of the Labour Code (1 October 2003). The Committee requests the Government to provide a copy of the list of dangerous jobs and of the text setting the maximum loads that may be transported and lifted by minors as soon as it is adopted.

Article 6. Apprenticeship. The Committee notes that under section 11 of the 1994 Child Rights Act, No. 127, children of over 14 years of age may be admitted to work with their parents’ consent provided that the work is combined with studies. The Committee reminds the Government that Article 6 of the Convention provides that the latter does not apply to work done by children of at least 14 years of age where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, and is an integral part of a course of education or training or a programme of training approved by the competent authority and carried out mainly or entirely in an undertaking, or a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee requests the Government to clarify the meaning of section 11 of the Child Rights Act, stating in particular whether it means that children of over 14 years of age may work in an undertaking when the work is a part of education or training. It also asks the Government to state under what conditions such children are admitted to work and to indicate what provisions govern training.

Article 7, paragraphs 1 and 2. Light work. The Committee notes that, under section 11(2) and (3) of the Child Rights Act, No. 127, children of over 14 years of age may work if the work is combined with study and on condition that it does not impair their health, education, or physical, mental, spiritual or social development. The Committee reminds the Government that, under Article 7, paragraph 1, national laws or regulations may permit the employment of persons 13 to 15 years of age on light work provided that it is not likely to be harmful to their health or development and 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 instruction received. The Committee further reminds the Government that under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee requests the Government to state whether there is a list of the jobs permitted under section 11(2) and (3) of the 1994 Child Rights Act, No. 127 and, if so, to provide a copy of it. Noting that sections 96 and 100 of the Labour Code prescribe the number of hours during which work may be undertaken, it also asks the Government to indicate whether the competent authority has determined the conditions of employment of the work in question.

Article 9, paragraph 1. Penalties. The Committee notes that, according to the Government, the provisions of section 41 of the Administrative Offences Code sets the amount of fines for breaches of the labour legislation. The Committee notes that the fine for breach of the labour legislation is equal to 70 times the amount of the minimum wage in the case of adult workers, but only 20 times the minimum wage in the case of children. The Committee asks the Government to provide information on the different penalties imposed in respect of adults and children for breaches of the labour legislation, and to provide a copy of the Administrative Offences Code. The Committee further notes the Government’s reference to the provisions of the Penal Code of 2002 and particularly section 138, under which breach by persons in positions of responsibility of the labour legislation and of the rules governing the protection of work is punishable by a fine equal to 150 times the minimum wage or by removal from office, and in the event of recurrent breach, by three years’ imprisonment or a fine equal to 300 times the minimum wage. The Committee requests the Government to provide a copy of the provisions of the Penal Code of 2002 that establish the penalties for breach of the labour legislation.

Article 9, paragraph 3. Employers’ registers. The Committee notes that in its report for 2001 the Government indicates that a list of employees which must record the birth date of each employee is kept in enterprises, institutions and organizations. Recalling that, under Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers to be kept and made available by the employer, and such registers shall contain the names, ages or dates of birth of employees, the Committee asks the Government to state which text provides for the maintenance of a list of employees and to provide a copy of it.

Part V of the report form. The Committee notes with interest that in its report for 2001 the Government stated that, according to the Statistics Department, there were 52,000 workers aged from 15 to 18 years. In its report for 2003 it indicates that, according to the Department of Statistics and Sociology, 26,000 persons aged from 15 to 17 years worked in 2002. The Committee requests the Government to continue to provide general information on how the Convention is applied in practice including, for example, statistical data on the employment of children and young persons, particularly children under 15 years of age, the sectors in which they are employed, extracts of labour inspection reports, and details of the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress in the adoption or revision of its legislation. It reminds the Government in this connection that it may seek technical assistance from the International Labour Office in order to bring its legislation into line with the Convention.