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

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

Previous comments: observation and direct request

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Regarding its previous request for information on the implementation of the National Action Plan for Children’s Rights (NAPC), adopted in 2018, the Government indicates that the NAPC was renewed in 2023 until 2028, to be implemented in collaboration with UNICEF. One of its objectives is to continue monitoring the implementation of international standards in the regulatory legal instruments of Turkmenistan, and to take measures to prevent the engagement of minors in work endangering their lives and health. The Government also indicates that other measures taken include the adoption of the National Action Plan (NAP) on Human Rights 2021–25, which includes measures to ensure compliance with national legislation and strengthen monitoring; and the adoption of the State Youth Policy Act, in September 2022, which guarantees special protections to children under 18 years of age. The Committee once again requests the Government to provide information on the concrete measures taken, within the framework of the NAPC and of the NAP on Human Rights 2021–25, to eliminate child labour, and on the results achieved. It also requests the Government to provide information on the implementation of the State Youth Policy Act, in particular as regards any impact it may have on the elimination of child labour.

Article 3(2). Determination of hazardous work. Following the Committee’s previous request for information on the application in practice of Decree No. 87 of 2018 on the list of hazardous types of jobs and occupations prohibited to children under 18 years, the Government indicates that, to date, no cases of children being engaged in these types of harmful or hazardous working conditions have been detected.

Article 7(3). Determination of light work. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to determine the light work activities which may be permitted to children of at least 15 years of age, by virtue of sections 23(5) and 60 of the Labour Code, which permit a contract of employment to be concluded with a child of 15 years with the consent of a parent or guardian and for a maximum of 24 hours per week.

The Committee notes the Government’s information according to which employment contracts with children under the age of 18 may be concluded in all types of work other than the hazardous types of work or working conditions provided for under Decree No. 87 of 2018, as long as the employment of these children is in line with labour legislation and as long as the work does not prevent the child from continuing his/her studies or harm his/her health or moral development. Moreover, the Committee notes that, according to the statistics shared by the Government on the employment of children under 18 in Turkmenistan, only one child in 2021 and two children in 2022 have been registered as being employed by Turkmenistan’s employment agencies, and 107 children as employed in large and medium-sized enterprises, representing 0.01 per cent of the total of persons so employed.

Application of the Convention in practice.The Committee requests the Government to continue to provide information on the implementation of the provisions giving effect to the Convention, including the number of inspections carried out in relation to child labour, if possible disaggregated by region and sector of the economy, and on the nature and number of violations detected and the types of sanctions imposed.

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee expressed the hope that the draft National Action Plan for Children’s Rights (NAPC), which was being developed, would contain specific measures for the effective elimination of child labour and that it would be adopted in the near future.

The Committee notes the Government’s information in its report that the NAPC was adopted in June 2018. The NAPC comprises six thematic sections including, ensuring children’s rights to education and development by providing quality education and social support; improving living conditions and ensuring the economic well-being of children and their families; and protecting the rights of all children to live free of violence, exploitation and cruel or degrading treatment. The Committee requests the Government to provide information on the specific measures taken, within the framework of the NAPC, to eliminate child labour.

Article 7(3). Determination of light work. In its previous comments, the Committee noted that, according to section 23(2) of the Labour Code, a contract of employment may be concluded with a person who has reached the age of 15 years with the consent of a parent or guardian, and that the working hours for employees under the age of 16 years shall not exceed 24 hours per week (sections 23(5) and 60). It requested the Government to indicate the measures taken or envisaged to determine the light work activities which may be permitted to children of at least 15 years of age, pursuant to Article 7(3) of the Convention.

The Committee notes that the Government’s report refers to the conditions for concluding an employment contract with persons under the age of 18 years and does not provide information concerning the determination of light work activities permitted to children of at least 15 years of age. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to determine light work activities that are permitted to children of 15 years and above, pursuant to Article 7(3) of the Convention.

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

Article 3(2) of the Convention. Determination of hazardous work. The Committee previously noted the Government’s indication that a list of work and occupations with harmful and hazardous working conditions prohibited to children under 18 years was being developed. It requested the Government to provide information on any progress made with regard to the finalization and adoption of this list.

The Committee notes with satisfaction that the Ministry of Labour and Social Protection, in agreement with the Ministry of Health and Medical Industry and the State Standards Service, adopted Decree No. 87 of 2018 which contains a comprehensive list of hazardous types of jobs and occupations that are prohibited to children under the age of 18 years. This list contains 42 sectors with more than 2600 activities including: work related to carrying or moving weights; work in underground mines, tunnels, open pits; metal and non-metal production and processing-related works; work in power plants, thermal power plants, electricity; drilling oil, gas, petroleum and its production; chemical production; work in shipyards and aviation industry; construction works; forestry; wood processing, textile and garments; paper and pulp industries; leather works; food industry; production of alcoholic products; communication; agriculture; handicrafts, jewellery and art works; healthcare sector and municipal services. The Committee requests the Government to provide information on the application in practice of Decree No. 87 of 2018, including statistics on the number and nature of violations reported and penalties imposed.

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

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

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

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

Article 3(2). Determination of hazardous work. The Committee previously noted that according to section 253(2) of the Labour Code, the list of types of work with special conditions prohibited to persons under the age of 18 years, as well as the limits for carrying and transporting heavy goods, will be determined by the Cabinet of Ministers. It noted the Government’s information that proceedings were under way to set out a list of types of hazardous work prohibited to children under the age of 18 years, pursuant to section 253(2) of the Labour Code.

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

Article 7(3). Determination of light work. In its previous comments, the Committee noted that, according to section 23(2) of the Labour Code, a contract of employment may be concluded with a person who has reached the age of 15 years with the consent of a parent or guardian, and that the working hours for employees under the age of 16 years shall not exceed 24 hours per week (sections 23(5) and 60).

The Committee notes the Government’s information on the conditions for entering into an employment contract with a person under the age of 18 years such as: consent of the child and his/her parents; reduced working hours; and that the work should not hinder their education or their physical, mental and moral development. The Committee requests that the Government indicate the measures taken or envisaged to determine the light work activities which may be permitted to children of at least 15 years of age, pursuant to Article 7(3) of the Convention.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that according to section 14(2) of the Labour Code, the employer is obliged to create and maintain the employment record or labour book as well as other documents regarding the personal data, working hours and wages of employees.

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

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Government’s report does not contain any information with regard to any policies implemented or envisaged to address child labour in the country. In this regard, the Committee notes that the Human Rights Committee, in its concluding observations of 19 April 2012, expressed concern at reports of the use of children for cotton harvesting in the country (CCPR/C/TKM/CO/1, paragraph 20). The Committee requests the Government to develop and adopt national policy measures to ensure the effective elimination of child labour, particularly in the cotton sector. It requests the Government to provide information on the measures taken or envisaged in this regard.

Article 2(1). 1. Scope of application. The Committee notes that according to section 5(2) of the Labour Code, the provisions of this Code apply to all employers and employees who have entered into an employment contract. It also notes that Chapter 6, sections 276 to 282, of the Labour Code regulates work of persons employed in seasonal work; Chapter 8, sections 288 to 294, regulates wage labour; and Chapter 9, sections 295 to 303, regulates the employment of domestic workers. However, it appears that the Labour Code does not cover work done outside an employment contract such as work in the informal economy or in self-employment. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not it is based on an employment relationship and whether or not it is paid. The Committee therefore requests the Government to provide information on the manner in which children who perform work outside the framework of an employment relationship, such as children working in the informal economy and self-employed children are afforded the protection established in the Convention. The Committee also requests the Government to provide a copy of the Right of the Child (State Guarantees) Act of 2014.

2. Minimum age for admission to employment or work. In ratifying the Convention, Turkmenistan specified a minimum age of 16 years for admission to employment or work within its territory. The Committee notes that according to section 23 of the Labour Law, an employment contract may be concluded with a person who has attained the age of 16 years.

Article 2(3). Age of completion of compulsory education. The Committee notes that, according to section 16 of the Education Act of 2009, compulsory school age starts from the age of seven years for a period of not less than ten years, where by children completes the compulsory education at the age of 16 years.

Article 3(1) and (2). Hazardous work. The Committee notes that section 253(1) of the Labour Code prohibits the employment of persons under the age of 18 years in work with special working conditions and those types of work which may be detrimental to their health and moral development: such as gambling-related jobs; the production, transport and trade of alcoholic drinks, tobacco products, and other toxic substances; and jobs related to carrying, lifting and moving heavy objects. Section 255 of the Labour Code further prohibits night work and overtime work for persons under the age of 18 years. The Committee also notes that according to section 253(2) of the Labour Code the list of types of work with special conditions prohibited to persons under the age of 18 years, as well as the limits for carrying and transporting heavy goods, will be determined by the Cabinet of Ministers.

The Committee notes the Government’s information that proceedings are under way to set out a list of types of hazardous work prohibited to children under the age of 18 years, pursuant to section 253(2) of the Labour Code. According to the Government’s report this list will consider factors such as; extreme physical stress; forced adoption of a posture during work that would affect the young person’s health; vibrations from equipment and instruments; unpleasant temperature conditions; underground work; work with toxic substances (lead, arsenic, phosphorus etc.); dust; radiation; ionizing radiation and electromagnetic fields; significant nervous and psychological stress; and heightened risk of injury associated with the work. The Committee expresses the firm hope that the list of types of hazardous work prohibited to children under the age of 18 years will be determined and adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 6. Vocational training and apprenticeship. The Committee notes the Government’s indication that, as per the provisions of the Education Act of 2013, initial vocational education programmes are open to students who have a level of education not lower than general secondary education. General secondary education, according to the Government’s report is mandatory and covers primary and secondary education. Hence, it appears that vocational education is permitted after completion of compulsory education which is 16 years of age. Sections 323 to 331 of the Labour Code further regulate apprenticeship programmes for vocational training of individuals. The Committee requests the Government to provide a copy of the Education Act of 2013.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes that, according to section 23(2) of the Labour Code a contract of employment may be concluded with a person who has reached the age of 15 years with the consent of a parent or guardian. Section 60 of the Labour Code further states that the working hours for employees under the age of 16 years shall not exceed more than 24 hours per week. The Committee requests the Government to indicate whether it has determined the light work activities which may be permitted to children of at least 15 years of age, pursuant to Article 7(3) of the Convention. If not, it requests the Government to take the necessary measures to determine such activities for children of 15 years of age.

Article 9(1). Penalties. The Committee notes the Government’s indication that, according to section 304 of the Administrative Offences Code of 2013, persons who violate the provisions related to the prohibition of child labour shall be punished with a fine or the activity of that legal entity may be suspended for up to three months. Sections 305 and 306 of the Administrative Offences Code further establish fines or administrative arrest for up to 15 days for the breach of occupational safety legislation. The Committee requests the Government to provide information on the amount of fines prescribed under section 304 of the Administrative Offences Code for the violation of the provisions related to the prohibition of employment of children and young persons. It also requests the Government to provide a copy of the relevant provisions of the Administrative Offences Act of 2013.

Article 9(3). Keeping of registers. The Committee notes that according to section 14(2) of the Labour Code the employer is obliged to create and maintain the employment record or labour book as well as other documents regarding the personal data, working hours and wages of employees. Section 25 of the Labour Code further states that the employment contract must contain details of the worker’s identity or a birth certificate for a person under the age of 16 years. The Committee requests the Government to indicate whether the national legislation contains provisions requiring employers to keep and maintain registers which contain the name, age or date of birth of persons between the ages of 16 and 18 years whom they employ, in conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. According to the provisions of section 404 of the Labour Code, the state supervision and control over observance of the labour legislation is carried out by: (1) a state authority specially authorized by the Cabinet of Ministers; (2) the trade unions and technical and legal inspection entities; (3) local authorities; and (4) ministries and departments within their competence concerning the enterprises subordinated to them. The Government report indicates that, according to the Legal Labour Inspectorate Regulations, labour inspectors may, in the performance of their tasks: (1) freely visit at any time undertakings, institutions, organizations and other workplaces to verify compliance with the labour law; (2) obtain orders, instructions, minutes and other necessary documents and explanations from the concerned officials or administration relating to the matter under monitoring; (3) require an owner, managers and other officials to remedy any breaches of labour law which have been identified and to monitor compliance with these demands; and (4) send reports on cases of gross violations of labour law to the appropriate government and prosecutorial authorities to allow disciplinary or criminal penalties to be imposed on the officials responsible. The Committee requests the Government to provide information on the functioning of the labour inspectorate, 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.

Application of the Convention in practice. The Government’s report contains no information on the statistical data regarding the employment of children and young persons. The Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children and young persons in Turkmenistan is available. It requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons as soon as this information becomes available, extracts from inspection services reports, information on the number and nature of contraventions reported, and penalties imposed.