Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

Convenio sobre la edad mínima, 1973 (núm. 138) - Rumania (Ratificación : 1975)

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.]