Texts of pending comments

The Committee notes the observations of the Confederation of Trade Unions of Armenia (CTUA), communicated with the Government’s report.

Article 11 of the Convention. Compensation of industrial accidents in the event of the insolvency of the employer or insurer. Since 2013, the Committee has been drawing the Government’s attention to the case of workers employed by companies liquidated after 2004 who, following the adoption of Governmental Decision No. 1094-N of 2004, had not been paid compensation in cases of industrial injuries. In its previous comments, the Committee urged the Government to provide compensation for the workers currently seeking it, and for similarly situated workers henceforth, and to provide information concerning measures taken or envisaged in this regard.

The Committee notes the reply provided by the Government, indicating that the procedure for work-related injury compensation, in case of liquidation of companies, is set out in Governmental Decision No 914-N of July 23, 2009. In such cases, the capitalization of assets of the employer or company responsible for the payment of compensation to victims of work-related injuries is undertaken in accordance with the Civil Code. The current legislation does not make provision for cases where the capitalization of assets, pursuant to the above-mentioned procedure, would not be sufficient to provide the compensation that is due to victims, which, according to the Government, does not constitute a legal gap. In this connection, the Government indicates that, in its view, the State has the discretion to choose the policy deemed most appropriate with respect to existing socio-economic conditions.

The Committee further notes the observations of the CTUA in this regard, which considers that the approach taken by the Government results in discrimination for persons injured in workplace accidents in different years. The CTUA also maintains that injured workers employed in organizations which have been liquidated since August 2004 have been deprived of the right of social protection in the event of accidents and occupational diseases at workplace, while it is the state’s duty to provide equality and social justice among its citizens and secure their right of social protection.

While taking note of the Government’s position, the Committee recalls that by ratifying the Convention, it has undertaken to ensure that workers who suffer personal injury due to an industrial accident, or their dependants, shall be compensated, by virtue of Article 1 of the Convention. This obligation is related to that of Article 11 of the Convention, which requires the State to make such provision as, having regard to national circumstances, is deemed most suitable for ensuring in all circumstances, in the event of the insolvency of the employer or insurer, the payment of compensation to workers who suffer personal injury due to industrial accidents, or, to their dependants in case of death of the worker. In this regard, the Committee underlines that the consideration of national circumstances within the meaning of Article 11 of the Convention only refers to the choice of means that the Government may take for its implementation, and not to the objective of this provision, which consists in ensuring the comprehensive protection of employees in the event of insolvency of the employer or insurer.

In view of the above, the Committee once again urges the Government to provide, without further delay, compensation to victims of work injury who have not received compensation due to the liquidations that have taken place between 2004 and 2009 and for similarly situated workers henceforth.

The Committee further requests the Government to take the necessary measures to ensure the due and effective compensation of injured workers and their dependents in the event of the insolvency of the employer or insurer and requests the Government to provide information on any measures taken or envisaged in this regard.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which the Convention is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee once again encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or Convention No. 102 (accepting its Part VI) as the most up-to-date instruments in this subject area.

Article 1(1) and 2(1) of the Convention. Prohibition of forced labour. The Committee notes that the Government indicates in its report that, in 2021, the Ministry of Labour and Social Affairs developed and discussed a bill containing amendments to the Labour Code, which includes a definition of compulsory or forced labour and a provision stipulating its prohibition. The Committee requests the Government to provide a copy of the amendments to the Labour Code once adopted.

Article 1(1), 2(1) and 25. Trafficking in persons. Law enforcement. In reply to the Committee’s request for information on the practical application of the provisions of the Criminal Code on trafficking in persons, the Government provides detailed information on the number of criminal investigations, prosecutions and convictions related to trafficking in persons for labour and sexual exploitation for the period 2016 – first quarter of 2021. A total of 20 investigations were conducted in 2016; 17 in 2017; 10 in 2018; 11 in 2019; 10 in 2020 and 6 in the first quarter of 2021. Some of the proceedings resulted in convictions for the offenders, whereas in other cases the investigations were suspended on the grounds of lack of corpus delicti (evidence of the crime). The Government indicates that the Police has developed indicators of potential cases of trafficking in persons and carried out monitoring on the internet to identify cases of labour and sexual exploitation, illegal migration and organizations making questionable job offers. The Committee requests the Government to continue providing information on investigations and prosecutions of cases of trafficking in persons for sexual and labour exploitation, indicating how many of them have concluded in convictions for the offenders. Please continue providing information on the activities carried out by the Police as well as other law enforcement bodies, such as the labour inspectorates, to identify and prosecute cases of trafficking, and their results.

National Action Plan. In relation to the implementation of the fifth National Action Plan for Combating Trafficking in Persons, the Government indicates that actions against trafficking are carried out in three directions: (1) Regulation of the legal field, (2) implementation of awareness-raising activities and trainings and (3) implementation of protective and social assistance programs. Within the framework of awareness-raising activities, information campaigns have been implemented to inform the population about the dangers of trafficking in persons. In addition, various training programmes have been conducted to build the capacities of judges, prosecutors, police officers, social workers and teachers in this regard. The Government also indicates that the sixth National Action Plan for the period 2020–2022 was adopted, taking into consideration the proposals of different stakeholders, and that the Working Group of the Council against Trafficking in Persons is in charge of ensuring the implementation of the National Action Plan, and of reviewing relevant national legislation and making proposals for improvement. The Committee requests the Government to provide information on the assessment of the effectiveness of the measures adopted within the framework of the sixth National Action Plan for Combating Trafficking in Persons, undertaken by the Working Group of the Council against Trafficking in Persons, as well as on any proposal made by such working group to improve the applicable legislation.

Protection of victims. The Committee notes that the Government continues to provide detailed information in relation to the measures taken to provide protection to victims of trafficking. It refers in particular to: (1) measures to support the social and psychological rehabilitation of victims; (2) measures for the restoration of their identity documents; (3) services of legal counselling and translation; and (4) financial aid. In addition, the Government refers to a study conducted by the Ministry of Justice, which concluded that the Republic of Armenia envisages a wide range of circumstances for acquitting the victims of trafficking from criminal and administrative responsibility.

The Committee further notes that the Ministry of Labour and Social Affairs, together with the Police Department and the General Prosecutor’s Office, developed rules for the identification of the victims of trafficking. The Commission on the Identification of Victims of Trafficking in Persons (composed of representatives of public bodies and NGOs operating in the sphere) is the body authorized to recognize a person as a victim in order to provide him or her with assistance, including medical care, vocational training and financial support. From 2015 to 2020, a total of 160 victims of trafficking in persons for labour and sexual exploitation were identified and received support. The Committee welcomes the measures taken to continue to ensure early identification of victims of trafficking and provide them with comprehensive protection and requests the Government to continue providing information in this regard, including information on the type of assistance provided and the number of victims that have benefited from such measures.

Article 2(2)(a). Services exacted under compulsory military service laws. The Committee previously noted that the 2003 Law on Alternative Service provides for the possibility of alternative service for persons whose religion and beliefs are contradicted by passing of military service, and requested the Government to provide information on the number of persons involved in alternative labour service, as compared to the number of those performing their mandatory military service. The Committee notes that the Government indicates that currently 127 people are involved in the alternative labour service.

Article 2(1) of the Convention. Scope of application. The Committee previously noted that according to the Armenia Child Labour Survey, carried out with ILO technical assistance and published in 2016, a large number of children were involved in child labour, of which a large majority (90.1 per cent) worked in agriculture. Out of these children, only 5 per cent were employees with a verbal agreement, 25 per cent worked on their own account, and 70 per cent were unpaid family workers not covered by the provisions of the Labour Code concerning the minimum age for admission to employment. In this regard, the Committee urged the Government to take immediate steps to ensure that all children, including those who work outside a formal labour relationship, enjoy the protection afforded by the Convention. The Committee notes with regret that once again the Government’s report does not provide information in this respect. Therefore, the Committee once again urges the Government to take all necessary measures to ensure that all children, particularly children working in the informal economy or as own-account workers, can enjoy the protection afforded by the Convention and to provide information in this regard in its next report.

Article 8 Artistic performances. In its previous comments, the Committee noted that part 2.2 of section 17 of the Labour Code provides that children under 14 years of age can be engaged in cinematographic, sport, theatre and concert organizations, in circuses, in creative work and/or performance of television and radio productions with the written consent of one of the parents or adopter or guardian or a custody and guardianship body. The activities in these organizations or productions should not be harmful to their health, morality or safety, or prejudice their education. The Committee requested the Government to take measures to ensure that the labour legislation provides that individual permits be granted by the competent authority, and not only by the parents or legal guardians to authorize the participation of children under the minimum age in artistic performances in accordance with the Convention. The Committee notes that the Government indicates that the Ministry of Labour and Social Issues has proposed to repeal part 2.2 of section 17 of the Labour Code. Taking note of this legislative proposal, the Committee recalls that Article 8 of the Convention allows exceptions to the prohibition of employment or work of children under the general minimum age, which is 16 years in Armenia. Moreover, by virtue of Article 8(1), children may participate in artistic performances, provided that permits are granted in individual cases by the competent authorities. In this regard, the Committee requests the Government to continue to provide information on the measures taken or envisaged to regulate the participation of children in artistic performances.

Article 9(1). Penalties. The Committee previously noted the high number of children involved in child labour, including hazardous work and requested the Government to redouble its efforts to identify and impose appropriate sanctions for violations of the provisions of the Convention. The Committee notes that the Government indicates that, in order to ensure the effective application of the provisions of the Convention, section 41.6 of the Code on Administrative Offences of December 6, 1985 was amended. According to the amended section, the act of hiring or employing a person under the age of 16 in violation of the requirements of the law or involving a person under the age of 18 in work prohibited by the labour legislation shall result in a fine, which shall be equivalent to 200 times the minimum wage. If the violation is repeated within one year after the date of imposing the sanction, a new fine will be imposed amounting to 400 times the minimum wage. The Committee encourages the Government to continue taking measures to ensure that violations of the provisions of the Convention are detected and adequate penalties are imposed. In this respect, the Committee requests the Government to provide information on the application in practice of section 41.6 of the Code on Administrative Offences.

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

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the adoption of the Strategy Plan for the Protection of the Rights of the Child 2017- 2021 and requested the Government to provide information on the measures taken within the framework of this Strategy Plan to eliminate child labour. Noting the absence of information in this respect, the Committee once again requests the Government to indicate the measures taken towards the progressive elimination of child labour and their results. In addition, the Committee requests the Government to provide updated statistical information on the number of children involved in child labour and hazardous work in the country.

Article 7. Light work. The Committee notes that the Government indicates that the Ministry of Labour has proposed amendments to the Labour Code stipulating that children can work from the age of 14 only after the hours prescribed for compulsory education. The amendments also propose that children between the ages of fourteen and fifteen should be allowed to work for up to two hours a day but no more than ten hours a week and that children between the ages of fifteen and sixteen shall be allowed to work for up to 24 hours a week. The Committee requests the Government to continue providing information on any proposed modification to the Labour Code’s provisions on light work, including information on the types of light work activities determined by the competent authority as required by Article 7(3) of the Convention. The Committee also requests the Government to provide a copy of the above-mentioned amendments, once adopted.

Labour inspectorate. In reply to the Committee’s request to specify the institution responsible for the supervision of the application of the Convention, the Committee notes that the Government refers to Decision No. 755-L of 2018 issued by the Prime Minister which reorganizes the Health Inspection Body of the Ministry of Health into the Health and Labour Inspection Body. According to the Annex to Decision No. 755-L, the Health and Labour Inspection Body shall perform supervisory functions and apply sanctions for the violations of labour rights, including the protection of the rights of working children under the age of 18 years. The Committee also notes that the Government indicates that, pursuant to section 1.1 of the Organization and Conduct of Inspections Act, inspections shall be carried out exclusively based on checklists approved by the Government. In this regard, the Committee notes that the Government refers to Decision No. 718-N of April 30, 2020, which approves a checklist for health and safety risk-based inspections for workers in mining industry enterprises and open mine operations. The Government also refers to Decision No. 886-N of May 27, 2021, which approves a checklist for health and safety risk-based inspections for workers in enterprises of the processing industry, which includes questions related to guarantees for workers under 18 years of age. The Committee notes the Government’s indication that, since the approval of the checklists, 46 inspections have been carried out, during which no violations to the labour legislation’s norms related to persons under the age of 18 years have been registered. The Committee requests the Government to provide information on the activities carried out by the Health and Labour Inspection Body in relation to child labour, including the number of labour inspections carried out, the number and nature of cases detected and any follow-up measures taken. The Committee also requests the Government to provide information on the measures to strengthen the capacity of labour inspectorates to detect violations of the provisions of the Convention, including in the informal economy.

Article 3 of the Convention. Worst forms of child labour Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted the provisions of the Criminal Code (Articles 63 (5) and 165), which criminalize the involvement of persons under the age of 18 years in illicit activities. The Committee notes that the Government indicates in its report that, in 2016, three criminal cases were initiated for involving children in the commission of thefts. Two of these cases ended with acquittals and in one case the offender was sentenced to imprisonment. Likewise, in 2017, three criminal cases were opened concerning the involvement of children in the commission of crimes. In two of them, the offenders were sentenced to imprisonment. In 2018, one person was charged with involving a child in the selling of drugs and three persons were sentenced to imprisonment for involving children in committing thefts. In 2020, two criminal cases were initiated under article 165 of the Criminal Code which ended in acquittals. The Committee requests the Government to continue providing information on the number and nature of reported offences, investigations, prosecutions, convictions and criminal penalties imposed in respect of persons engaging children in illicit activities. In respect of the cases that have ended in acquittals, please provide information on the reasons for such acquittals.

Article 6. Programmes of action. In its previous comment, the Committee took note of the adoption of the 2016–2018 National Action Plan for Combating Human Trafficking and Exploitation and requested the Government to provide information on its implementation. The Committee notes that the Government indicates that, within the framework of the National Plan, awareness-raising activities against trafficking of children have been put in place in Yerevan and other regions of the country, and a legal guide was developed to support teachers in strengthening the capacities of students to avoid becoming victims of this crime. The Committee also notes that the Procedure for Providing Assistance to Potential Victims of Human Trafficking and Labour Exploitation, Victims and Special Category of Victims (Government Decision N492 - N of 5 May, 2016) was amended to establish a mechanism for guidance of child victims of trafficking and effectively organize and control measures to protect children. Finally, the Committee notes that the Specialized Police Division of Armenia has issued instructions to the territorial police subdivisions relating to the prevention of labour exploitation of children and that police members have received the respective training. The Committee welcomes the measures taken by the Government to prevent the trafficking and labour exploitation of children and requests the Government to provide information on their impact.

Article 7. Penalties. The Committee previously urged the Government to take measures to ensure the effective implementation and enforcement of the provisions of the Convention. The Committee notes that the Government indicates that criminal investigation of cases of child trafficking are under the responsibility of prosecutors from the specialized subdivision of the Prosecutor General’s Office who receive regular training on human trafficking and on the other worst forms of child labour. In reply to the Committee’s previous request for information on the application of penal sanctions, the Committee notes the Government’s indication that, under section 132.2 of the Criminal Code (trafficking or exploitation of a child), three persons were subject to criminal prosecution between 2016 and 2018, whereas one person was convicted in 2019. The Committee requests the Government to continue providing information on the measures taken to ensure the effective implementation and enforcement of the provisions of the Convention, including information on the application of penalties.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the measures taken by the Government to ensure access to free and basic education, including measures to detect and monitor cases of children out-of-school and requested the Government to provide information on their results. The Committee notes the Government’s indication that in 2021, a Procedure was adopted for identifying and directing children left out of compulsory education (Decision N154-N of February 2, 2021). The Procedure enlists situations when children are considered to be left out of compulsory education and aims to ensure that children have access to medical care, pedagogical and psychological support service and social assistance. The Committee observers that according to UNESCO statistics, the total number of out-of-school children was 17,789, whereas the total number of out-of-school adolescent was 18,864. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to continue taking measures to ensure access to free basic education for all children and to provide information on the impact of the measures taken. The Committee also requests the Government to provide information on the implementation of the Procedure for identifying and directing children left out of compulsory education adopted in 2021 and its results.

Clause (d). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted the adoption in 2014 of the Law on Identification and Support of Persons Subjected to Trafficking or Exploitation. The Committee notes that the Government indicates that this law was amended to remove the age limit for victims to receive financial support (previously set at 18 years). It also notes the Government’s indication that victims receive assistance, including medical care and vocational training. In addition, the Ministry of Labour and Social Issues has implemented a program to support the social and psychological rehabilitation of victims of trafficking. Following the adoption of the 2014 law, ten children have been identified as victims of special category and ten children have received social assistance, and those who were not attending school are receiving education. The Committee requests the Government to continue providing information on the measures taken to ensure the rehabilitation and social integration of child victims of trafficking and their results. Please indicate the number of children who have been removed and provided with assistance.

Comments adopted by the CEACR: Armenia

Adopted by the CEACR in 2021

C017 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)