Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 138) sur l'âge minimum, 1973 - Fédération de Russie (Ratification: 1979)

The Committee notes the information supplied by the Government in its report. It notes with interest that the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 25 March 2003.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee takes note of section 63, subsection (1), of the Labour Code of 2001 which prohibits children under 16 years of age from concluding a labour contract. Recalling that Convention No. 138 requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract, the Committee asks the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Minimum age for admission to employment or work. The Committee had noted in its previous comments that the minimum age for employment was lowered to 15 years of age from the previous 16 years, by virtue of Federal Act No. 182-FZ of 24 November 1995. The Committee had pointed out that a minimum age for admission to employment or work of 16 years had been specified at the time of ratification in accordance with Article 2(1) of the Convention, and that the lowering of the existing minimum age was contrary to the principle of the Convention, which was to raise progressively the minimum age as provided for in Articles 1 and 2(2). The Committee notes with interest that the new Labour Code of 2001 entered into force on 1 February 2002. It notes with satisfaction that section 63, subsection (1), of the Labour Code of 2001 states that an employment contract may be concluded only with a person of at least 16 years of age. However, the Committee notes the Government’s indication that according to section 63, subsection (2), of the Labour Code of 2001 a person of 15 years of age, who has completed the basic general education or left the general educational establishment, may work. The Committee consequently asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2 of the Convention, to ensure that access to employment of children of at least 15 years of age may be allowed exceptionally, and only for work that meets the criteria set out in Article 7 of the Convention.

Part V of the report form. The Committee had noted the Government’s indication that persons under 18 years of age were often engaged in work under harmful and hazardous working conditions, in violation of section 175 of the Labour Code of 1971 which prohibited hazardous work  for persons younger than 18 years of age. It had noted that in 1999 state inspectors carried out more than 2,300 targeted inspections to ensure the observance of the labour rights of persons under age. These inspections identified and resolved 8,000 cases of violations. It had further noted the Government’s statement to the United Nations Committee on the Rights of the Child in 1998 that the number of juveniles in unregulated employment is on the increase in towns, in connection with the development of the non-state sector of the economy, especially small private businesses. The Committee once again requests the Government to provide information on any measures taken or envisaged to prevent children from working under harmful and hazardous conditions, and to continue to supply information on the practical application of the national legislation giving effect to the Convention, in particular in the non-state sector, including, for example, extracts from official reports, statistical data and the number and nature of contraventions reported.

In addition, a request regarding certain points is being addressed directly to the Government.