Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

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

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. The Committee had previously noted that under section 197(1) of the Labour Code, a first job for at least two years must be ensured for young citizens "of sound constitution" who are aged from 15 to 28 years and have completed their schooling or vocational training. It had also noted that under section 188(2) of the Labour Code, children of 15 years of age may exceptionally be authorized to work with the consent of their parents or parent substitutes. The Committee had observed that the above provisions of the Code allow young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years. It once again reminds the Government that under Article 2, paragraph 1, of the Convention, no one under the minimum age for admission to employment or work specified upon ratification of the Convention shall be admitted to employment or work in any occupation, and that the only possible exception is light work, which, under Article 7 of the Convention, may be authorized for children of 13 years of age and above. The Committee once again requests the Government to take the necessary steps to ensure that no one under the age of 16 may be admitted to employment or work in any occupation. It also asks the Government to provide information on the practical effect given to sections 197(1) and 188(2) of the Labour Code.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that, according to the Constitution and the Law on Education, everyone has the right to education and complete general secondary education is compulsory and free. The Committee had asked the Government to specify the age of completion of compulsory schooling and to provide a copy of the relevant national legislation. The Committee notes that, according to section 36 of the Law on Education, complete general secondary education consists of three stages and starts at the age of 6 or 7 years. It also notes the Government’s information that, pursuant to the Law on General Secondary Education, complete general secondary education lasts for 12 years. The Government further states that general secondary education starts as a rule at the age of 6 and is completed by the age of 18 (the age of completion of the first stage of general secondary education is 10 years, second stage 15 years, and third stage 18 years). The Committee requests the Government to supply a copy of the Law on General Secondary Education.

Article 3, paragraph 3, and Article 6. Authorization to perform hazardous work from the age of 16 and vocational training. The Committee had previously noted that, under Article 3, paragraph 3, of the Convention, young persons from the age of 16 years may be authorized to carry out types of hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. It had requested the Government to indicate whether Order No. 283/P-9 of 10 September 1980 was still in force and, if so, to provide information on the effect given to its section 3, which allows work that includes harmful tasks to be carried out for training purposes by persons over the age of 15 years. The Committee notes the Government’s information that Order No. 283/P-9 of 10 September 1980 is in force. The Government also states that, pursuant to section 3 of this Order, persons under the age of 18 for the purposes of vocational training may perform hazardous types of work for not more than four hours a day and on condition that the existing sanitary regulations are strictly observed. The Committee further notes the Government’s indication that, in practice, there have been no cases of participation of persons under the age of 18 in hazardous types of work for training purposes. The Committee requests the Government to take the necessary legislative measures to ensure that the performance of such work is only authorized for persons between 16 and 18 years of age in conformity with the provisions of Article 3, paragraph 3, of the Convention. The Committee asks the Government to keep it informed on the progress made in this regard.

Article 7, paragraphs 1 and 3. Light work. The Committee had previously asked the Government to indicate whether the national legislation contains provisions establishing the minimum age for admission to light work. It had also requested the Government to indicate the activities in which light work may be authorized and to provide information on the requirements prescribed for such activities, particularly the number of hours during which and the conditions in which they may be undertaken. The Committee notes that section 188(3) of the Labour Code provides that, in order to teach young people to work productively, students in general vocational and technical education or specialized secondary education having attained 14 years of age may perform light work during their leisure hours provided the consent of one of their parents or parent substitutes is obtained and on condition that it does not harm their health or interrupt their schooling. Recalling that, pursuant to Article 7, paragraph 3, of the Convention, the competent authority shall determine light work activities and 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 provide information in this regard.

Article 8. Artistic performances. The Committee had previously noted that the national legislation does not provide for young persons to be employed in artistic performances. It had requested the Government to indicate whether, in practice, young persons participate in activities such as artistic performances and, if so, to provide information on the types of activities in which they participate, particularly the number of hours during which and the conditions in which they may be undertaken. The Committee notes the Government’s information that in practice there have been no cases of employment of young persons for such purposes as participation in artistic performances. The Committee takes note of this information.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the national department for the supervision of the implementation of labour legislation carried out inspections of 883 enterprises in November 2004 to monitor the observance of the provisions of the labour legislation concerning the employment of minors. These inspections found 2,312 minors working, of whom 220 minors were under the age of 15 years, 333 were aged 15-16 and 1,759 were aged 16-18. The inspections found out a number of violations of the labour legislation. In particular, some enterprises did not keep special registers of employment of persons under the age of 18. The inspections identified 413 cases of employment of minors in hazardous types of work, which represented 17.9 per cent of all minors employed. Some 186 cases of night and overtime work of persons under the age of 18 were identified; 400 enterprises violated the provisions of the labour legislation concerning the employment of minors; and 536 prescriptive orders to stop labour law violations were issued. Administrative sanctions were imposed on heads of 32 enterprises and practical assistance was offered to the specialists of these enterprises on the questions concerning the application of labour legislation. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied including statistical data on the employment of children and young persons, extracts from the reports of the inspection services and details of the number and nature of the contraventions recorded.