Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

Convention (n° 138) sur l'âge minimum, 1973 - Roumanie (Ratification: 1975)

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.]