Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report and, in particular, the adoption of a new Labour Code in 1999. It requests the Government to provide information on the following points.

Article 1 of the Convention. The Committee notes that, under the terms of section 4 of the Labour Code of 1999, the Code applies to persons bound by a contract of employment. It also notes the information provided by the Government in its report that the prohibition upon the employment of workers under 18 years of age in night work applies to all persons working under contract in enterprises. The Committee would be grateful if the Government would provide information on the manner in which young persons, who are not bound by an employment contract, benefit from the protection afforded by the Convention.

Article 6, paragraph 1(c) and (e). Under the terms of paragraph 1(c) of this Article, national laws or regulations shall prescribe adequate penalties for any violation of the laws or regulations giving effect to the Convention. While noting that sections 310-313 of the Labour Code of 1999 provide for the possibility of taking disciplinary, administrative and penal action against those, namely employers, employees or other individuals, who are in breach of the labour legislation, the Committee notes that no provision in the Labour Code appears to provide for the imposition of specific penalties against persons responsible for such violations. It therefore requests the Government to indicate whether, and by virtue of which provisions, national laws or regulations provide for such penalties.

Under the terms of paragraph 1(e) of this Article of the Convention, national laws or regulations shall require every employer in a public or private industrial enterprise to keep a register, or to keep available official records, showing the names and dates of birth of all persons under 18 years of age employed and such other pertinent information as maybe required by the competent authority. The Committee notes the information provided by the Government in its report on the application of Convention No. 79, to the effect that employers keep an account of all the persons whom they employ, including those under 18 years of age, without however indicating the nature of the information recorded. It therefore requests the Government to provide additional information on the nature of such information and to supply a copy of the register.

Article 6, paragraphs 1(d) and 2. The Committee notes that, by virtue of section 308 of the Labour Code of 1999, the application of labour legislation is assured by the Public Prosecutor’s Office. The Committee would be grateful if the Government would provide additional information on the inspection system and, in particular, if it would indicate whether, in accordance with paragraph 1(d) of this Article of the Convention, the inspection system is adequate to ensure the effective enforcement in practice of national laws or regulations on the night work of young persons. Furthermore, it requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for example, extracts from the reports of the inspection services.