Minimum Age Convention, 1973 (No. 138) - Romania (Ratification: 1975)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2(1) of the Convention and Parts IV and V of the report form. Scope of application, labour inspection and application of the Convention in practice. The Committee previously noted that section 2 of the Labour Code applies only to persons employed under a work contract. It also noted that in several branches of activity children have been identified as being involved in intolerable and hazardous work in the formal and informal sectors by such professional bodies as the inspectorates responsible for labour, social welfare and child protection, education, health and of the police.

The Committee notes with interest the detailed information that the Government’s report contains on the inspectorates’ efforts to combat illegal employment, including child labour. The Committee notes that in 2012 the territorial labour inspectorates identified 72 cases of employers ignoring the minimum age for the employment of minors or disregarding their working conditions and informed the criminal investigation authorities accordingly. In addition, between 27 August and 8 September 2012 the labour inspectorate conducted a national campaign to prevent and combat the employment of children and young people under the age of 18, with the general purpose of raising employers’ awareness of their obligation to respect the rules governing children’s and young persons’ engagement to work. The campaign’s specific goals included identifying employers who take on young people under 18 years of age without any legal form of employment and encouraging them to draw up individual work contracts for young people who are in an irregular situation. The Government states that, during the campaign, the territorial labour inspectorates collaborated with the departmental payment agencies and social inspection agencies in organizing inspection teams and making their travel arrangements and that, where necessary, the inspection teams received support from the departmental police inspectorate. In the course of the campaign, 1,370 employers were inspected; 21 were sanctioned for employing manpower without any legal form of employment, and nine of these were sanctioned for employing young people between 15 and 18 years of age without an individual written contract. In all, 1,016 fines were imposed, 462 of them for failure to comply with legal provisions regarding the employment of minors. The fines amounted in total to 563,500 Romanian New lei (RON), of which RON100,000 were for using the labour of young people between 15 and 18 years of age without an individual written contract and RON148,600 for failing to comply with legal provisions regarding the employment of minors. Thirty-seven cases were brought before the criminal investigation authorities for employing minors in violation of the legal provisions regarding the minimum age for employment or of the regulations governing the employment of minors. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including statistics on the employment of children and young people and extracts from labour inspection reports indicating the number and nature of infringements of the law concerning children and young people, especially children working for their own account or in the informal economy, as far as possible disaggregated by age and sex.

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

Article 2(1) of the Convention. Scope of application. The Committee noted previously that section 2 of the Labour Code stipulates that the Code applies only to persons employed under a work contract. It also noted that following instructions from the Government, the labour inspectorate supervises the working conditions only of persons hired under an individual work contract and has no authority as regards the work of the self-employed. The Committee recalled that the Convention applies not only to work performed under an employment contract, but to all types of employment or work, including self-employment.

The Committee notes the information in the Government’s report that children involved in intolerable and hazardous work in the formal and informal sectors are identified, in various branches of activity, by professional bodies such as the labour inspectorate, social welfare and child protection, education, health and the police. The Committee also notes the Government’s indication that Act No. 52/2011 of April 2011 regulates casual work done by day labourers in various sectors, including agriculture, hunting and fishing, cinematographic and audiovisual performances and productions, and cleaning and maintenance activities. The Government indicates that according to section 4(3) of the Act, no one under the age of 16 years may be engaged as a day labourer. The Committee requests the Government to provide information on the number of children engaged in intolerable and hazardous work or in casual work, in the informal economy, who have been identified and withdrawn by the labour inspectorate and other competent professional bodies. It also requests the Government to provide a copy of Act No. 52/2011 with its next report.

Article 3(1) and (2). Determination of types of hazardous work. The Committee noted previously that a National Guidance Committee had drafted a decision on work hazardous to children, and took note of the Government’s statement that all those activities or types of work not covered by the draft were to be considered as light work able to be performed by young persons between 15 and 18 years of age. The Committee requested the Government to provide a copy of the decision on work hazardous for children as soon as it was adopted.

The Committee notes with satisfaction that Government Order No. 867/2009 on the prohibition of hazardous work for children has been adopted and been sent to Office. The Order bars children under 18 years of age from intolerable and hazardous work, which, by reason of its nature or the conditions in which it is performed, is liable to harm their safety, health, development or morals. The Committee also notes the detailed list of hazardous tasks appended to Order No. 867/2009, which sets out a full range of types of hazardous work prohibited for children under 18 years of age in a number of categories: work in which children are exposed to agents that are harmful to safety and health, such as physical, biological or chemical substances; work in which children are exposed to processes or activities that are harmful to safety and health, such as the handling of machinery, work with ferocious animals, construction work or work involving risk of accident; work in which children are exposed to conditions harmful to safety, health and morals, such as night work, underground work, work in cemeteries or work involving the production or sale of alcoholic beverages; and work preventing participation in some form of education.

Article 9(3). Keeping of registers. The Committee noted previously that Decision No. 161/2006 set forth the procedure for setting up a general register of employees and keeping it up to date.

The Committee notes the information provided by the Government to the effect that Decision No. 161/2006 has been amended and supplemented by Government Order No. 37/2010. Under the Order, employers must transmit to the Territorial Labour Inspectorate information on the identity of each employee, the date of their employment, the duties/occupations they perform and the type of individual work contract. Furthermore, employers are required to transmit the employment register electronically to the Territorial Labour Inspectorate in the district where the headquarters or domicile of the employer is located, at the latest one working day before employment of the employee begins. The Committee requests the Government to provide a copy of Order No. 37/2010, together with a copy of the model employment register to be kept by employers pursuant to the Order.

Part V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee notes the information sent by the Government to the effect that during the period from 1 June 2009 to 31 December 2010, labour inspectors carried out 133,843 inspections to detect and combat undeclared work. As a result of these visits, 14,947 employers were penalized for employing undeclared labour, including 147 penalized for using the labour of young persons between 15 and 18 years of age without any legal form of employment. The labour inspectors thus identified 29,251 cases of persons working with no legal form of employment, including 196 young people between 15 and 18 years of age. Furthermore, the Government indicates that during the period under consideration, the Territorial Labour Inspectorates filed 53 complaints with the criminal prosecution authorities for breach of the statutory age of admission to employment. Of these, 40 gave rise to criminal investigations and for the other 13 criminal charges were not pressed. 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 reports by the inspection services, and the number and nature of offences involving children and young people. To the extent possible, the statistics provided should be disaggregated by age and sex.

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

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that, under the terms of section 2, the Labour Code applies only to persons employed on the basis of a labour contract. It had also noted the Government’s indication that the Labour Inspectorate monitors the work of persons employed by an individual labour contract and has no competence with regard to self-employment. The Committee notes the Government’s statement that, according to section 5(1) of Government Decision No. 600/2007, employment of children is prohibited. Exception to this provision is provided under section 5(2) of Government Decision No. 600/2007 in the case of children of at least 16 years of age who are subject to compulsory schooling to conclude an individual contract of employment for light work. The Committee notes, however, that section 5, subsections (1) and (2), read in conjunction with section 3 of Government Decision No. 166/2007 appears to apply only to children having an individual contract of employment. The Committee once again reminds the Government that the Convention applies not only to work performed under an employment contract, but to all types of work or employment, including self-employment. Observing that it has been raising this matter for a number of years, the Committee urges the Government to take the necessary measures to ensure that children carrying out an economic activity on their own account enjoy the protection afforded by the Convention. In this regard it requests the Government to envisage the possibility of taking measures to adapt and strengthen the labour inspection services so as to ensure the protection envisaged by the Convention for children who work on their own account or in the informal economy.

Article 7, paragraph 3. Determination of light work. The Committee had previously noted that the National Steering Committee drew up a draft Decision on Hazardous Work by Children. It had also noted the Government’s statement that all those activities or types of work not covered by this draft shall be considered as light work which young persons between 15 and 18 years of age will be allowed to perform. The Committee understands from the Government’s statement “the draft Decision on Hazardous Work by children is under public debate” that this draft Decision has not yet been adopted. The Committee also notes that, according to section 3(c) of Government Decision No. 600/2007, “light work” is defined as any work, which on account of the inherent nature of the tasks which it involves and the particular conditions under which it is performed is not likely to be harmful to the safety, health or development of children; not such as to prejudice their attendance at school, their participation in vocational guidance or training programmes approved by the school management, or their capacity to benefit from the instruction received. The Committee hopes that the Decision on Hazardous Work by Children will soon be adopted and requests the Government to send a copy as soon as it has been adopted.

Article 9, paragraph 3. Keeping of a register by employers. The Committee had previously noted the Government’s information that Decision No. 161/2006 establishes the methodology of drawing up and keeping a general register of employees. It had also noted that, according to section 3, subsections (1) to (4), the register must be drawn up in electronic format and must contain the following data of the employee: full name, personal identification number which includes the age of the employee, hiring date, occupation details and type of contract. The employer shall send this register to the territorial labour inspectorate within 20 days after hiring the worker. The Committee once again requests the Government to provide a copy of Government Decision No. 161/2006.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, during the reporting period, the territorial labour inspectorates filed 87 complaints regarding the violation of the provisions concerning the employment of children; for 77 cases the trials were under way; and for six cases administrative penalties were imposed. It also notes that, during the period from 1 June to 31 December 2007, the labour inspectors carried out 44,476 inspections and identified 144 young people aged between 15 and 18 years working without a legal employment contract. During the period from January 2008 to April 2009, the labour inspectors carried out 107,582 inspections, identified 275 young people aged between 15 and 18 years working without a legal employment contract, and imposed penalties on 244 employers for illegally using young people at work. It further notes the information provided by the Government in its report under Convention No. 182 that the above cases of illegal employment of children were found in the manufacture of textile and footwear, agriculture, construction, manufacture of wood, manufacture of grain mill products, food products, wholesale warehouses, street commerce activities, markets, and in garages. The Committee requests 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.

Observation (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. Scope of application. The Committee had previously noted that, under the terms of section 2, the Labour Code applies only to persons employed on the basis of a labour contract. It had also noted the Government’s indication that the Labour Inspectorate monitors the work of persons employed by an individual labour contract and has no competence with regard to self-employment. The Committee notes the Government’s response that no measures had been taken in this regard. The Committee once again reminds the Government that the Convention applies not only to work performed under an employment contract, but to all types of work or employment, including self-employment. The Committee therefore once again requests the Government to take the necessary measures to ensure that children carrying out an economic activity on their own account enjoy the protection afforded by the Convention.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee had previously noted that section 13(4) of the Labour Code, which prohibits arduous or hazardous work for persons under the age of 18, does not prohibit admission to employment or work that is likely to jeopardize the morals of young persons. Noting the Government’s indication that the list of hazardous types of work was in the process of modification, the Committee had expressed its hope that the new list would contain the types of work that are likely to jeopardize the morals of young persons, as required by Article 3, paragraph 1, of the Convention. The Committee notes with satisfaction the Government’s indication that it has adopted Order No. 753/2006 which now provides protection to young persons under 18 years from work likely to harm their safety, physical, mental or moral health, or social development. It also notes that, according to section 8(2) of the above Order, young persons shall be prohibited from work which is beyond their physical or psychological capacity; work involving harmful exposure to toxic, carcinogenic and harmful agents; work involving exposure to radiation; work involving risk of accidents; work exposed to extreme cold or heat, noise or vibration; and finally provides a list of work and processes which are likely to entail specific risks for young people.

Article 6. Apprenticeship. Following its previous comments, the Committee notes with interest the Government’s information that a new Law No. 279/2005 concerning apprenticeship at the workplace has been adopted by the Government. It notes that, according to section 5(1) of the Law No. 279/2005, any person of at least 16 years of age could be employed as an apprentice at the workplace in the occupation for which an apprenticeship is organized. Subsection (2) of section 5 further provides that an apprenticeship contract may be concluded by a person over 15 years, upon written approval of his/her parents or legal representatives, for activities that suit his/her physical development, skills and knowledge, unless it is likely to harm his/her health, development and occupational training.

Article 7, paragraph 3. Determination of light work. The Committee had previously noted the Government’s information that the national legislation does not determine light work activities and had requested the Government to take the necessary measures in this regard. The Committee notes the Government’s information that the National Steering Committee for Preventing and Combating Child Labour has drawn up a draft Decision on Hazardous Works by Children based on the information gathered by a working group initiated by the Labour Inspectorate and the National Authority for the Protection of Child’s Rights, representatives of ministries, trade union confederations and employers’ organizations as well as some NGOs in the field. The Government states that any activity or work which is not included in this draft Decision shall be considered as light work which young persons between 15 and 18 years of age are allowed to perform. The Committee requests the Government to supply a copy of the Decision on Hazardous Works by Children, as soon as it is adopted.

Article 9, paragraph 3. Registers of employment. The Committee notes the Government’s information that Decision No. 161/2006 establishes the methodology of drawing up and keeping a general register of employees. It also notes that according to section 3, subsections (1) to (4), the register must be drawn up in electronic format and must contain the following data of the employee: full name, personal identification number which includes the age of the employee, hiring date, occupation details, type of contract, etc. The employer shall send this register to the territorial labour inspectorate within 20 days after hiring the worker. The Committee requests the Government to provide a copy of Government Decision No. 161/2006.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government has supplied statistics on the employment of children and young persons, and inspections and cases reported. It notes that in 2005, the labour inspectors carried out 33,852 inspections and identified 96 young people aged between 15 and 18 years working without a legal employment contract, and ten children under 15 years were found working. In 2006, the labour inspectors conducted 106,421 inspections, identified 244 young persons between the ages of 15 and 18 working illegally, and imposed penalties on 229 employers for illegally using young people at work. It also notes that during 2007, the territorial labour inspectorates submitted 119 complaints regarding the violation of the Labour Code; for 103 cases the trials were under way; and for three cases administrative fines of 500 to 800 leu (ron) were imposed. 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.

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

The Committee takes note of the Government’s report. It requests it to provide further information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that, under the terms of section 2, the Labour Code applies only to persons employed on the basis of a labour contract. Recalling that the Convention covers all forms of employment or work, the Committee had requested the Government to provide information on the manner in which protection is afforded to children carrying out an economic activity that is not covered by a labour relationship, such as work on their own account. The Committee notes the Government’s indication that the Labour Inspectorate only monitors the work of persons employed by an individual labour contract and has no competence with regard to self-employment. The Committee once again reminds the Government that the Convention covers all forms of employment or work, whether or not there exists a contract of employment and whether or not it is remunerated. It requests the Government to take the necessary measures to ensure that the protection afforded by the Convention is secured for children exercising an economic activity that is not covered by a labour relationship, such as work on their own account.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee had previously noted that section 13(4) of the Labour Code, which prohibits arduous or hazardous work for persons under the age of 18, does not prohibit admission to employment or work that is likely to jeopardize the morals of young persons.  Recalling that Article 3, paragraph 1, of the Convention prohibits the admission of young persons under 18 years of age to employment or work that is likely to jeopardize their health, safety or morals, the Committee had requested the Government to indicate the measures taken or envisaged to bring the legislation into conformity with the Convention on this point. The Committee notes the Government’s indication that article 49(3) of the Constitution prohibits the employment of minors in activities that might be harmful to their health or morals, or might endanger their life and normal development. It also notes that the list of hazardous types of work is currently under elaboration. The Committee trusts that this list will contain the types of work that are likely to jeopardize the morals of young persons, as required by Article 3, paragraph 1, of the Convention. It asks the Government to inform it on the progress made in adopting the list of hazardous types of work and to provide a copy thereof as soon as it has been adopted.

Article 3, paragraph 3. Admission to hazardous work as from 16 years of age. The Committee had previously noted that section 185 of the General Labour Protection Standards provides that permits to carry out hazardous types of activities determined by the law may be issued for young persons where these activities are indispensable for their vocational training, and on condition that their protection, safety and health are ensured by the supervision of a competent person. Recalling that Article 3, paragraph 3, of the Convention permits exceptions for young persons only from the age of 16 years, the Committee had requested the Government to indicate the age of young persons for whom such exceptions may be granted and to provide information on the application in practice of section 185 of the General Labour Protection Standards. The Committee notes the Government’s information that Annex I of the General Labour Protection Standards defines young persons mentioned in section 185 as "persons who are no longer required to attend school in accordance with the national legislation." It notes the Government’s indication that, since the age of completion of compulsory education is 16 years, no persons under this age may be employed in hazardous types of work. The Committee requests the Government to provide information on the practical application of section 185 of the General Labour Protection Standards.

Article 6. Apprenticeship. The Committee had previously taken note of section 205 of the Labour Code, which defines apprenticeship contracts, and section 207 of the Labour Code, which provides that any young person without vocational skills and who has not reached the age of 25 years may be employed as an apprentice. Recalling that Article 6 of the Convention excludes from its application work done by persons of at least 14 years of age in enterprises, where such work is carried out in accordance with conditions prescribed by the competent authority and is an integral part of education or training, the Committee had requested the Government to indicate whether a minimum age has been set for apprenticeship. The Committee notes that, pursuant to section 213 of the Labour Code, contracts of apprenticeship and other issues related to apprenticeship activities shall be regulated by a special law. It also notes the Government’s information that such a law has been elaborated after consultations with the organizations of employers and workers concerned. The Committee requests the Government to indicate whether this law sets out a minimum age for apprenticeship. It also asks the Government to provide a copy of the law on apprenticeship.

Article 7, paragraph 2. Light work and attendance at school. The Committee had previously noted that section 13 of the Labour Code provides that a young person of 15 years of age may conclude a labour contract with the agreement of her or his parents or legal representatives for activities that are appropriate for his or her development, knowledge and skills, where the young person’s health, development and vocational training are not endangered. It had also noted that, according to section 109(2) of the Labour Code, for young persons under 18 years of age, working hours are six hours a day and 30 hours a week. Considering that the working hours set for the performance of light work (six hours a day and 30 hours a week) are too many to allow attendance at school, the Committee had requested the Government to indicate the measures adopted or envisaged to ensure that light work shall not be such as to prejudice the school attendance of young persons over 15 years of age who are engaged in work. It had also requested the Government to provide information on the application of this provision in practice. The Committee notes the Government’s indication that, according to the Law on Education, children are required to attend school and their school attendance must be 100 per cent. It also notes the Government’s statement that, in practice, the working hours of young persons of 15 years of age are less than the limits provided in the Labour Code. The Committee takes note of this information.

Article 7, paragraph 3. Determination of light work. The Committee had previously requested the Government to indicate whether types of light work have been determined by the competent authority, as required by Article 7, paragraph 3, of the Convention. The Committee notes the Government’s information that the national legislation does not determine light work activities. It reminds the Government that Article 7, paragraph 3, of the Convention provides that the competent authority shall determine the activities in which such employment or work may be permitted. The Committee therefore requests the Government to take the necessary measures in this regard.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that section 34(1) of the Labour Code establishes the obligation for employers to keep a general register of employees. It had also noted that section 34(7) of the Labour Code provides that a model of the general register for employees, and of any other element relating to the register of employees, shall be established by decision of the Government. The Committee had requested the Government to indicate whether a model register and/or regulations respecting such registers had been established by government decision and, if so, to provide a copy. It had also requested the Government to indicate the information concerning the identification of employees which has to be contained in the register, and particularly whether the employer is under the obligation to include the age or date of birth of the persons employed who are less than 18 years of age, as required by Article 9, paragraph 3, of the Convention. The Committee notes the Government’s information that Government Decision No. 247/04.03.2003 amended by Decision No. 290/2004 establishes the methodology of keeping a general register of employees. According to this Decision, column No. 3 of the register contains the following data of the employee: home address; personal code (where the age is indicated); and number of the identity document. The Committee asks the Government to provide a copy of this Government Decision together with a model register.

Article 1 (in conjunction with Part V of the report form). The Committee notes that the following decisions have been adopted by the Government: Decision No. 166 of 3 March 2005 on the approval of the national interests programmes in the field of protecting child’s rights; Decision No. 617 of 21 April 2004 on the establishment and organization of the National Steering Committee for the prevention and fight against child exploitation through work; and Decision No. 1769 of 21 October 2004 on the approval of the National Action Plan for the elimination of children’s exploitation through labour. In particular, it notes that the National Action Plan for the elimination of children’s exploitation through labour provides for the creation of a unitary monitoring mechanism; drawing up the list of hazardous types of work; drawing up and implementing strategies and local action programmes to prevent children’s exploitation through labour; organizing training programmes; rehabilitation and social integration; actions for supporting the families; and awareness-raising and other activities.

The Committee also notes the Government’s information on the activities of the Labour Inspectorate. It notes that, between 1 July 2003 and 31 May 2005, labour inspectors controlled 152,378 employers and identified 9,160 young persons among whom 442 were aged 15 to 18 and employed without a legal contract and 18 were under the age of 15. Penalties were imposed on 194 employers for violations of the labour legislation concerning the employment of minors. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including, for example, statistics on the employment of children and young persons, extracts from the reports of the inspection services and information on the number and nature of the violations reported.

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

The Committee notes the information provided by the Government in its reports in reply to its previous observation. It notes the adoption of Act No. 53/2003 issuing the Labour Code, published in the Official Gazette of 5 February 2003, as well as the Ordinance of the Minister of Labour and Social Solidarity No. 508/2002 and the Ordinance of the Minister of Health and the Family No. 933/2002 issuing general labour protection standards, published in the Official Gazette of6 December 2002. The Committee requests the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes that under the terms of section 2, the Labour Code applies only to persons employed on the basis of a labour contract. The Labour Code therefore excludes work performed outside any contract. However, the Convention covers all forms of employment or work, whether or not there exists a contract of employment and whether or not it is remunerated. The Committee therefore requests the Government to provide information on the manner in which protection is afforded to children carrying out an economic activity that is not covered by a labour relationship, such as work on their own account.

Article 3, paragraph 1. Age of admission to hazardous work. The Committee notes section 13(4) of the Labour Code, which provides that admission to jobs involving arduous or hazardous work is not possible until the age of 18 years. It reminds the Government that Article 3, paragraph 1, of the Convention prohibits the admission of young persons under 18 years of age to employment or work that is likely to jeopardize their health, safety or morals. These conditions appear to be tighter than the text of section 13(4) of the new Labour Code, which does not prohibit admission to employment or work that is likely to jeopardize the morals of the young person. The Committee therefore requests the Government to indicate the measures taken or envisaged to bring the legislation into conformity with the Convention on this point.

Paragraph 2. Determination of types of hazardous work. The Committee notes that section 184(1) of the General Labour Protection Standards provides that young persons shall be protected against specific risks to their health, safety, development, risks arising out of their lack of experience, inadequate understanding of existing risks or the fact that young persons are still developing. It also notes with interest that section 125 of the Labour Code prohibits night work by young persons under 18 years of age. The Committee notes the information contained in the Government’s report to the effect that section 475 of the General Labour Protection Standards prohibits the employment of young persons under 18 years of age on painting work involving the use of basic lead carbonate, lead sulphate or red lead and all other products containing these pigments. The Government also adds in its report that section 168 of the General Labour Protection Standards determines for young persons between 16 and 19 years of age the maximum weights to be lifted, carried, pulled or pushed in relation to age and gender. The Committee notes with interest that section 184(2) of these protection standards prohibits certain hazardous types of activities, such as harmful exposure to toxic and carcinogenic agents, radiation, activities involving a risk of accidents that the young person cannot identify, placing them in danger through exposure to heat or extreme cold, noise and vibrations, as well as prohibiting activities involving harmful exposure to certain biological and chemical agents, and to other activities (the slaughter of animals, the handling of explosives, risks of electrocution, etc.).

Paragraph 3. Admission to hazardous types of work from the age of 16 years. The Committee notes that section 185 of the General Labour Protection Standards provides that permits to carry out hazardous types of activities determined by the law may be issued for young persons where these activities are indispensable for their vocational training, and on condition that their protection, safety and health are ensured by the supervision of a competent person. The Committee reminds the Government that Article 3, paragraph 3, of the Convention permits exceptions for young persons only from the age of 16 years and 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 requests the Government to indicate the age of young persons for whom such exceptions may be granted and to provide information on the application in practice of section 185 of the General Labour Protection Standards.

Article 6. The Committee notes that section 199(2) of the Labour Code provides that employees aged at least 16 years may conclude a vocational training contract if they do not have sufficient skills to allow them to remain with their employer. It also notes section 205 of the Labour Code, which defines apprenticeship contracts, and section 207 of the Labour Code, which provides that any young person without vocational skills and who has not reached the age of 25 years may be employed as an apprentice. The Committee recalls in this respect that Article 6 of the Convention excludes from its application work done by persons of at least 14 years of age in enterprises, where such work is carried out in accordance with conditions prescribed by the competent authority and is an integral part of education or training. The Committee requests the Government to indicate whether a minimum age has been set for apprenticeship and, if so, to provide a copy of the relevant provision. The Committee also requests the Government to indicate whether consultations have been held with the organizations of employers and workers concerned with regard to the conditions governing work during apprenticeship and for the purposes of vocational training.

Article 7, paragraph 2. Light work and attendance at school. The Committee notes section 13 of the Labour Code, which provides that a young person of 15 years of age may conclude a labour contract with the agreement of her or his parents or legal representatives for activities that are appropriate for her or his development, knowledge and skills, where the young person’s health, development and vocational training are not endangered. The Committee reminds the Government that Article 7, paragraph 2, of the Convention provides that national laws or regulations may permit the employment of persons in light work or the performance of such work by persons who are at least 15 years of age but have not yet completed their compulsory schooling, provided that such work is not such as to prejudice their attendance at school or their capacity to benefit from the instruction received. The Committee therefore requests the Government to indicate the measures adopted or envisaged to include in the national legislation the condition that light work shall not be such as to prejudice the school attendance of young persons under 15 years of age who are engaged in work.

Paragraph 3. Determination of light work. The Committee notes section 109(2) of the Labour Code, which provides that, for young persons under 18 years of age, working hours are six hours a day and 30 hours a week. Section 130 of the Labour Code provides that young persons under 18 years of age shall benefit from a lunch break of at least 30 minutes where the daily working hours do not exceed four and a half hours. Finally, section 142 of the Labour Code provides that young persons under 18 years of age shall be granted supplementary annual leave of a maximum of three days. The Committee recalls that Article 7, paragraph 3, of the Convention provides that the competent authority shall determine the activities in which employment or work may be permitted. The Committee requests the Government to indicate whether types of light work have been determined and, if so, to provide a copy of the corresponding provision. If not, the Committee requests the Government to take the necessary measures for this purpose and to provide information thereon. Finally, the Committee is of the opinion that the working hours set for the performance of light work (six hours a day and 30 hours a week) are too many to allow attendance at school. It therefore requests the Government to provide information on the application of this provision in practice.

Article 9, paragraph 1. Penalties. The Committee notes that section 276(1)(d) of the Labour Code and section 4 of Act No. 130/1999 respecting protective measures for employees provide for sanctions in the event of violation of the provisions relating to age or the utilization of a young person to perform prohibited activities, and the obligation to conclude an individual employment contract in writing. The Committee takes due note of the information contained in the Government’s report that, in the event of the failure of the employer to comply with the legislation respecting young persons, labour inspectors impose fines and, where appropriate, refer the matter to the competent authorities.

Paragraph 2. The Committee notes with interest that section 254 of the Labour Code provides that the application of general and specific rules in the fields of industrial relations and occupational safety and health is under the supervision of the labour inspectorate, a specialized body of the central public administration, under the authority of the Minister of Labour and Social Solidarity.

Article 9, paragraph 3. Employers’ registers. The Committee notes that section 34(1) of the Labour Code establishes the obligation for employers to keep a general register of employees. Section 34(3) of the Labour Code specifies that this register shall contain all the information concerning the identification of each employee and the conditions of the contract of employment. The Committee notes that section 34(7) of the Labour Code provides that a model of the general register for employees, and of any other element relating to the register of employees, shall be established by decision of the Government. The Committee recalls that Article 9, paragraph 3, of the Convention provides that 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; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons employed or who work for the employer and who are less than 18 years of age. The Committee therefore requests the Government to indicate whether a model register and/or regulations respecting such registers have been established by government decision and, if so, to provide a copy. It also requests the Government to indicate the information concerning the identification of employees which has to be contained in the register, and particularly whether the employer is under the obligation to include the age or date of birth of the persons employed who are less than 18 years of age.

Article 1 (in conjunction with Part V of the report form). In its previous observation, the Committee noted the establishment of the National Agency for the Protection of the Rights of the Child by Emergency Order No. 192/1999. It requested the Government to provide further information concerning the measures taken and action carried out by the National Agency with a view to the progressive elimination of child labour, and particularly on the application of the provisions of the Convention in practice. The Committee takes due note of the information contained in the Government’s report in 2002 according to which the National Agency for the Protection of the Rights of the Child and the International Foundation for the Child and the Family have formulated a programme of action to combat child labour, including two different approaches. These consist, firstly, of the development of the institutional capacities of the Specialized Public Services for the Protection of the Child (SPSPE) through training courses for specialists and the introduction of supervisory and coordinating machinery. Secondly, they focus on increasing the awareness of a broader public, including children, parents and community leaders, to understand the concept of child labour and its consequences on the development of children. The Committee notes the information provided by the Government in its report that the direct beneficiaries of the programme are children who work, including children working in the street, as well as parents and community representatives. The Government adds in its report that, during the period 2001-04, the labour inspectorate carried out a campaign with a view to increasing the degree of awareness of employers of child labour and the necessity to comply with the relevant legal provisions with a view to the progressive elimination of the worst forms of child labour. The Committee also notes with interest the information contained in the Government’s report that, in order to improve the capacities of labour inspectors, the labour inspectorate launched a programme with the technical and financial assistance of ILO/IPEC. The Committee once again requests the Government to provide information on the application of the Convention in practice, including, for example, statistics on the employment of children and young persons, extracts from the reports of the inspection services and information on the number and nature of the violations reported.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its report and requests it to provide further information on the following matters:

Article 2 of the Convention.  In its previous comments, the Committee noted the discrepancy between article 45(4) of the 1991 Constitution on the one hand, under which minors under the age of 15 years may not be employed as wage earners and, on the other hand, section 7 of the 1972 Labour Code which sets the minimum age for admission to wage-earning employment at 16 years. The Committee notes the information supplied by the Government to the effect that the law recognizes that persons aged between 15 and 16 years have partial capacity to work, subject to approval by their parents or legal representative and only in activities appropriate to their physical development, aptitudes and skills. By virtue of paragraph 1(3) of the standards approved by Order No. 185/1990, the approval of the parents or the legal representative must be included in the employment contract. The Committee notes that section 7 of the Family Code stipulates that approval must be given by both parents. The Committee also notes that the Labour Code is currently undergoing revision and that the draft new Code provides that a person may undertake employment from the age of 16 years and may conclude an employment contract as a wage earner from the age of 15 years, with prior agreement of the parents or legal representative, if this does not prejudice their health, development and vocational training.

The Committee recalls again that in compliance with Article 2, paragraph 1, of the Convention, at the time of ratification of the Convention a minimum age for admission to employment or work of 16 years was specified and the Government is, therefore, bound to take the necessary measures so that legislation and practice respect this minimum age for admission.

Furthermore, and bearing in mind the information indicated above, the Committee recalls that under Article 7, paragraphs 1 and 2 of the Convention, national laws may permit the employment or work of persons at least 15 years of age who have not yet completed their compulsory schooling provided that the work performed by the young persons is not such as to prejudice their health or development and attendance at school, and of young persons between 13 to 15 years of age on light work, in compliance with the abovementioned conditions. Under paragraph 3 of the same Article, 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.

Consequently, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that young persons 13 to 15 years of age may be employed only exceptionally on work complying with the conditions set down in Article 7. It requests the Government, moreover, to supply a copy to the Office of the national legislation setting out the conditions of employment of young persons 15 to 16 years of age to which it refers in its report and in Order No. 185/1990.

With regard to unpaid employment or work by children, the Committee noted in its previous comments that no legislative measures are envisaged at the moment to fix the minimum age for admission to unpaid employment or work. It also noted that unpaid child labour occurs in rural areas, especially within the family. Recalling once again that the Convention covers all employment or work, irrespective of payment of wages or a formal employment contract, the Committee requests the Government once again to continue to supply information on any development in legislative measures, and also on measures taken or envisaged so that prohibition of child labour applies also to any type of work or employment, including work that is unpaid or performed without a formal contract.

Article 9.  The Committee notes the adoption of Act No. 130/1999 and Emergency Order No. 136/1999 which supplements and amends the law. The Committee notes the information supplied by the Government to the effect that by virtue of section 1(1) and (2) of Act No. 130/1999, employers have an obligation to conclude a written contract and that by virtue of paragraph 4 of the Act, civil agreements for supply of services are also in written form and must, like individual employment contracts, be registered with the general directorates of labour and social protection.

The Committee also notes the Government’s indications relating to supervision by the Ministry of Labour and Social Protection of the application of the provisions of the Act as well as those relating to fines when an employer infringes the Act. It requests the Government to supply a copy of Act No. 130/1999 and Emergency Order No. 136/1999.

Article 1 read in conjunction with Part V of the report form.  The Committee notes with interest Emergency Order No. 192/199 which establishes the National Agency for the Protection of the Rights of the Child which, as a specialized body of the public administration subject to the Government, replaces the Special Department for Child Protection. The Committee notes that the Agency has the following functions, inter alia: the preparation and application of various programmes and strategies in relation to the protection of the rights of the child and of adoption, the establishment of the standards necessary for carrying out these various programmes and the supervision of application of legislation relating to the rights of the child. The Committee requests the Government to provide further information concerning the measures taken and action carried out by the National Agency with a view to the progressive elimination of child labour, and particularly on the practical application of the provisions of the Convention.

The Committee also notes with interest the information supplied by the Government to the effect that a national plan of action for the prevention and progressive elimination of child labour in Romania has been set up in the context of the International Programme for the Elimination of Child Labour (IPEC). According to the information in the Government’s report, the general purpose of the action plan is to contribute to the prevention and progressive elimination of child labour and to solve the problem of street children. The Committee notes that the activities undertaken relate to various spheres such as the prevention of the extension of child labour in both rural and urban areas and the increase of structural capacities of governmental bodies and non-governmental organizations (NGOs) in order to ensure the implementation and follow-up of campaigns against child labour. The Committee also notes that a National Steering Committee whose role is to supervise the implementation of activity programmes within the abovementioned national action plan, and of a specialized unit on child labour have been established. The Committee requests the Government to supply information on the national action plan and particularly on the functioning of the National Steering Committee and the specialized unit on child labour.

The Committee notes the various legislation adopted by the Government with a view to increasing the social protection of the most vulnerable families with the objective of reducing poverty levels and, implicitly, eliminating child labour. It requests the Government to supply information on the impact of these measures on the abolition of child labour.

The Committee also requests the Government to supply information regarding the practical application of the Convention by supplying, for instance, extracts from inspection service reports and statistics on youth employment.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Minimum age for admission to employment or work

1. In its previous comments, the Committee noted the discrepancy between article 45(4) of the Constitution of 1991, under which minors under the age of 15 may not be employed as wage-earners, and section 7 of the Labour Code of 1972 which sets the minimum age for admission to wage-earning employment at 16 years.

The Committee notes the Government only indicates in its report that there are no other legal provisions or special measures concerning child labour. It recalls that the minimum age of 16 years was specified by Romania, in accordance with Article 2, paragraph 1, of the Convention, upon its ratification of the Convention. In the absence of reply to the previous observation on this point, the Committee again asks the Government to indicate the measures taken or envisaged to ensure that access to employment of those who have attained the age of 15 but not 16 years may be allowed, exceptionally, only for work meeting the criteria set out in Article 7.

2. With regard to unpaid employment or work of children, the Committee notes the Government's indication that there are no legislative measures envisaged at the moment to fix the minimum age for admission to unpaid employment or work. It also notes that, according to the Government, unpaid child labour in rural area occurs especially within the family, although no special study has been made on the issue. Recalling that the Convention covers all employment or work, irrespective of the existence of wage payment or a formal employment contract, the Committee requests the Government to continue to supply information on any development in legislative measures, and also on general measures to eliminate child labour as noted below, where they relate particularly to child labour outside formal employment relationship.

National policy on the abolition of child labour and related measures

Further to its previous observation, the Committee notes the Government's statement in its report that, although there are no specific programmes on child labour, the Government has initiated a broad action to fight poverty by intensifying social protection for the most vulnerable population groups so as to let the children in these difficult situations to continue their compulsory education, for instance, by increasing child allowance and granting supplementary family allowance for the second child. It asks the Government to provide any assessment of the impact of these measures on the elimination of child labour.

The Committee also notes from the Government's report that, by virtue of Urgent Government Order No. 26/1997, a special Department for Child Protection headed by a Secretary of State was set up for the purpose of establishing decentralized public services for child protection. The Committee requests the Government to supply the text of the said Order, which the Government states was attached to the report, but has not been received by the Office, and also to continue to supply information on the activities of the decentralized system of child protection as they relate to the application of the Convention.

The Committee further notes the Government's indication regarding the support of the International Programme on the Elimination of Child Labour (IPEC), which helped in 1997 the National Institute of Research for Labour and Social Protection to conduct a study on child labour in Romania, and enabled a national seminar to be held in March 1998, where proposals for the national policy and the National Plan of Action against child labour were elaborated. The Committee requests the Government to supply the results of the above study on child labour, and to state whether the national policy and the National Plan of Action have been adopted by the authority, and if so to send copies to the Office.

The Committee hopes that the Government will continue to provide information on its efforts to eliminate child labour and to ensure full application of the Convention in practice, including more detailed information on the activities of the labour inspectorate regarding child labour, such as the number of the inspection visits made, extracts from official reports and details of the number and nature of violations recorded as well as sanctions imposed (point V of the report form).

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information on the number of persons from 14 to 16 years of age belonging to the active population. It again asks the Government to provide information on the activities of the labour inspectorate regarding the application of the provisions of the law which give effect to this Convention, extracts from labour inspection reports and details of the number and nature of violations recorded (points III and V of the report form).

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

National policy on the abolition of child labour

The Committee notes with interest the information supplied by the Government in its report to the effect that the payment of the child allowance for children of school age, established by the Act on social aid, is made by schools in order to enforce school attendance during compulsory education.

The Committee also notes the conclusion of the Committee on the Rights of the Child, that the increase in the number of children who live and work in the street is extremely worrying (CRC/C/15/Add. 16), and the explanations supplied by the Government representative to the effect that this phenomenon is confined largely to Bucharest and Constanza. The Committee asks the Government to indicate the measures that have been taken or are envisaged as part of the national policy to ensure the effective abolition of child labour in accordance with Article 1 of the Convention.

Minimum age for admission to employment or work

1. In its previous comments, the Committee noted the discrepancy between article 45(4) of the Constitution of 1991, under which minors under the age of 15 may not be employed as wage-earners, and section 7 of the Labour Code of 1972 which sets the minimum age for admission to wage-earning employment at 16 years. Section 45(4) of the Constitution sets the minimum age for admission to all wage-earning employment at 15 years, which is lower than the minimum of 16 years that the Government specified, in accordance with Article 2, paragraph 1, of the Convention, upon ratification. The Committee asked the Government to indicate the measures taken or envisaged to resolve this contradiction.

The Committee notes the Government's statement that access to wage-earning employment may be permitted, exceptionally, only for work which is suitable for young people's physical development, abilities and knowledge and only with the consent of their parents or guardians. The Committee recalls that the Convention provides for the fixing of a general minimum age for admission to employment or work, to be specified under Article 2, paragraph 1, and allows, exceptionally, a lower minimum age for light work in accordance with Article 7. The Committee asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2, to ensure that access to wage-earning employment between the ages of 15 and 16 years may be allowed, exceptionally, only for work meeting the criteria set out in Article 7, paragraph 1.

2. In its previous comments, the Committee also asked the Government to indicate the measures taken or contemplated to ensure that the Convention is applied to unpaid work or employment. In the absence of a reply from the Government and recalling that the above-mentioned provisions of the Constitution and the legislation concern only wage-earning employment, the Committee asks the Government to indicate the measures taken or envisaged to establish a minimum age for admission to unpaid employment or work.

[The Government is asked to report in detail in 1998.]

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in its report.

1. The Committee noted previously that, according to article 45(4) of the Constitution of 1991, minors under the age of 15 years may not be employed as wage-earners. Furthermore, section 7 of the 1972 Labour Code sets the minimum age for admission to wage-earning employment at 16 years and authorizes, as exceptions, the employment of young persons of 14 and 15 years of age in certain types of wage-earning jobs. It also noted the Government's statement that where there is a conflict in national legislation, the provisions of the Constitution prevail. The Committee recalls that, in accordance with Article 2, paragraph 1, of the Convention, at the time of ratification of the Convention, a minimum age for admission to employment or work of 16 years was specified. It requested the Government to indicate the measures taken or contemplated to bring the legislation into conformity with the Convention.

In its report, the Government indicates that article 45(4) of the Constitution has raised the age of admission to wage-earning employment from 14 years, as laid down in the Labour Code, to 15 years, in conformity with Article 1.

The Committee recalls that the Convention provides for fixing of a general minimum age for admission to employment and work, to be specified in accordance with Article 2, paragraph 1, and allows, exceptionally, a lower age of admission to work for light work, under Article 7. Now article 45(4) of the Constitution lays down a minimum age of admission applicable to all wage-earning employment (15 years) lower than the general minimum age of admission to employment (16 years) specified by the Government in application of the Convention.

From the information it has available, the Committee has not found any amendment of the texts confirming that the age of 15 years established by the Constitution covers only the exceptions authorized by the Convention. On the contrary, it emerges from the report sent by the Government (CRC/C/3/Add. 16, paragraph 30) to the Committee on the Rights of the Child entrusted with examining application of the United Nations Convention on the Rights of the Child, and from the discussions which took place with this committee (CRC/C/SR.122, paragraph 25), that the age of admission to wage-earning employment is set at 15 years, subject to the conditions laid down by Order No. 185/1990 of the Ministry of Employment.

The Committee asks the Government to indicate the measures taken or contemplated to bring national legislation into conformity with the Convention on this point, specifying that access to wage-earning employment between the ages of 15 and 16 years may be allowed, exceptionally, only for work meeting the criteria set out in Article 7, paragraph 1.

2. In its previous comments, the Committee also asked the Government to indicate the measures taken or envisaged to guarantee that the Convention applies to unpaid work or employment. In the absence of relevant information and recalling that the legislative provisions mentioned above only cover wage-earning employment, the Committee hopes that the next report will contain information on the minimum age of admission to other types of work or work.

3. The Committee notes the statistical data supplied by the Government, particularly the number of young people engaged in the education system. However, it notes that the overall data on the number of employed persons between 14 and 16 years during March 1994 gives no details on the work prohibited under article 45(4) of the Constitution. The Committee requests the Government once again to provide information on the activities of the labour inspectorate regarding the application of the legislation giving effect to the Convention, extracts from the inspection service reports and particulars of the number and nature of the violations recorded (points III and V of the report form).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 2, paragraph 1, of the Convention

1. Referring to its previous comments, the Committee notes that section 7 of the 1972 Labour Code sets the general minimum age for admission to wage-earning employment at 16 years. This would coincide with the minimum age specified by the Government in the declaration appended to its ratification of the Convention. Contrary to this, under article 45(4) of the Constitution, minors above the age of 15 years may already be employed as wage-earners. The Government states in its report that in case of conflict of national law, the provisions of the Constitution shall have priority. Moreover, the Permanent Secretariat to the National Committee for the Protection of Children stated in its report, submitted to the 5th Session of the UN Committee on the Rights of the Child (10.-28.1.1994), that in the national practice the minimum age for admission to employment presently was at 15 years.

The Committee requests the Government to indicate the instructions in respect to minimum age which have been given, if any, to the authorities responsible for applying the law and what measures are envisaged or taken to bring national law and practice into conformity with the Convention.

2. In the absence of relevant information concerning point 2 of its former direct request, the Committee sees itself obliged to repeat this part of its former comment:

The Committee asks the Government to indicate the measures taken or contemplated to ensure that the Convention is applied to unpaid work or employment.

Points III to VI of the report form. Please provide the information requested, especially statistical data on employment and school attendance of children under 16 years of age, on any progress achieved in implementing and operating a system of labour inspection, extracts of inspection service reports and particulars of the number and nature or the violations recorded; please indicate the organizations of employers and workers to which copies of the reports are being sent and indicate any comments received.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in its report.

1. The Committee noted previously that, according to article 45(4) of the Constitution, minors under the age of 15 years may not be employed as wage-earners. The Committee recalls, however, that, in accordance with Article 2, paragraph 1, of the Convention, on ratifying the Convention, Romania specified the minimum age of 16 years for admission to employment or work.

The Committee notes the Government's statement that the 1972 Labour Code is still in force. Section 7 of the Code sets the minimum age for admission to wage-earning employment at 16 years and authorizes the employment of young persons of 14 and 15 years of age in certain types of wage-earning jobs, in accordance with the provisions of Article 7 of the Convention. It would appear, however, that article 45(4) of the Constitution establishes a lower minimum age for admission to wage-earning employment than the age established by section 7 of the Labour Code and the one specified by the Government in the declaration appended to its ratification of the Convention.

The Committee asks the Government to indicate which of these provisions would apply in the event of a dispute as to the applicable law, and what instructions have been given to the authorities responsible for applying the law in order to ensure the application of the Convention which fixes a minimum age of 16 years for admission to employment.

2. The Committee recalled in its previous comments that Article 2, paragraph 1, of the Convention stipulates that no person under a minimum age specified at the time of ratification shall be admitted to employment or work in any occupation, and that its scope is not therefore restricted to remunerated work but covers all activities of an economic nature, regardless of the legal definition of the employment concerned.

The Committee asks the Government to indicate the measures taken or contemplated to ensure that the Convention is applied to unpaid work or employment. It also asks the Government to provide information on the practical application of the legislation giving effect to the Convention, such as statistical data on employment and school attendance of children under 16 years of age, extracts of inspection service reports or particulars of the number and nature of the violations recorded.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes from the Government's report the provisions of article 45 of the Constitution adopted on 8 December 1991, concerning the protection of children and the work of minors. Under article 45(4) of the Constitution, minors under the age of 15 years may not be employed as wage earners.

The Committee recalls that Romania, in accordance with Article 2, paragraph 1, of the Convention, on ratifying the Convention, specified the minimum age of 16 years for admission to employment or work. Furthermore, since the Convention specifies that no one under the minimum age shall be admitted to employment or work in any occupation, its scope is not restricted to remunerated work but covers all activities of an economic nature, regardless of the legal definition of the employment concerned.

The Committee asks the Government to indicate the measures adopted to ensure, in both law and practice, that the minimum age of 16 years is fixed for admission to remunerated and unremunerated employment. It also asks the Government to provide information on the practical application of the legislation giving effect to the Convention, such as statistical data on employment and school attendance of minors under 16 years of age, extracts of inspection service reports or particulars of the number and nature of violations recorded.

[The Government is asked to report in detail for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes the Government's last report and would appreciate it if the Government would provide information on the practical application of the Convention, as requested under point V of the report form.