Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Convenio sobre la edad mínima, 1973 (núm. 138) - Armenia (Ratificación : 2006)

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

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

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

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

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

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

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

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

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

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

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

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

Article 9(3). Keeping of registers. The Committee notes that section 90(2) of the Labour Code stipulates that the employer is liable to keep work books of all employees working at the main place of work. Section 90(3) of the Labour Code specifies that an employee’s work book comprises the employee’s name, their date of birth, and the length of their employment contract. Section 90(6) indicates that the form of the work book is defined by the Government. Recalling that, pursuant to Article 9(3) of the Convention, national laws or regulations shall prescribe the registers or other documents which shall be kept and made available by the employer, containing the name and ages (or dates of birth), of persons whom he/she employs or who work for him/her and who are less than 18 years of age, the Committee requests the Government to indicate if these employee work books are made available to labour inspectors. The Committee also requests the Government to provide a copy of the work book form, with its next report.

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