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Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

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 2016, published 106th ILC session (2017)

In order to provide a comprehensive view of the issues relating to the application of the Conventions on night work of young persons ratified, the Committee considers it appropriate to examine Conventions Nos 79 and 90 in a single comment.
Article 1 of Convention No. 79. Scope of application. In its previous comments, the Committee noted that the Labour Code of 1999 applies only to persons bound by a contract of employment. It also noted the Government’s information that the Labour Code applies to all workers who have concluded an employment contract with an enterprise, irrespective of its form of ownership. The Committee further noted the Government’s information that within the framework of the European Union’s Eastern Neighbourhood, measures were being taken to implement the country’s national legislation in the area of labour and labour relations in accordance with international norms, especially by enhancing the operations of the State Labour Inspection Service (SLIS).
The Committee notes the Government’s indication in its report that according to the State Labour Inspection Service Regulations, approved by Presidential Decree No. 386 of 2011, the SLIS exercises oversight over compliance with the Labour Code and other labour laws and regulations. It also notes the statistical information provided by the Government on the number of inspections and infringements of labour law in the formal sector recorded by the SLIS. However, no information on supervision in non-industrial occupations have been provided. The Committee once again recalls that Convention No. 79 applies to all children and young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations. The Committee therefore requests the Government to provide information on the manner in which young persons who are not bound by a contract of employment benefit from the protection afforded by the Convention. In this regard, the Committee requests the Government to take the necessary measures to adapt and strengthen the labour inspection services so as to ensure that the protection envisaged by the Convention is provided to self-employed children and children working in non-industrial occupations without a contract of employment. It requests the Government to provide information on any measures taken in this regard.
Article 5 of Convention No. 79. Granting of individual licences for public entertainment and making of cinematographic films. The Committee previously noted the Government’s information that the Ministry of Culture and Tourism was preparing a draft instrument defining the procedure, type and labour remuneration for workers involved in cultural activities, including young persons.
The Committee notes the Government’s information that Decision No. 3-1 of 2011 of the Ministry of Labour and Social Protection approved the Uniform Pay and Qualification Reference Guide for Public Servants working in Tourism-related Enterprises and in the Sphere of Cultural education proposed by the Ministry of Culture and Tourism. The Committee requests the Government to indicate whether Decision No. 3-1 of 2011 or any other provisions under national legislation contain provisions with regard to the granting of individual licences to persons under 18 years of age to appear at night in public entertainments or to participate in the making of cinematic films in accordance with Article 5(1) and under conditions laid down under Article 5(4) of the Convention.
Articles 6(1)(a) of Convention No. 79 and 6(1)(d) of Convention No. 90. Public inspection and supervision. Following its previous comments, the Committee notes the Government’s information that the SLIS employed a total of 365 officials in its central administration and 23 at the regional centres situated across the country. The Government also indicates that public oversight over implementation of the labour, social and economic rights and lawful interests of workers and employers are also exercised by the corresponding trade unions and employers’ representative bodies. The Committee further notes that the statistical information provided by the Government on the labour inspection activities of the SLIS does not refer to any infringements with regard to night work by children under 18 years of age in industrial or non-industrial occupations.
Articles 6(1)(b) of Convention No. 79 and 6(1)(e) of Convention No. 90. Keeping of registers. The Committee had previously noted the Government’s information that employers make a registry of all workers employed by them, including those under 18 years and that the enterprises register their workers by department and are obliged to provide the working schedule and hours of work to all categories of workers. The Committee had also noted the Government’s information that the conditions of work, including the work schedule and working hours are set out in employment contracts. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the laws or regulations which require the employers to keep a registry showing the names, date of birth and hours of work of workers under 18 years of age. It also requests the Government to supply a copy of the laws or regulations stipulating the above provisions.

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

The Committee notes the Government’s report. It requests the Government to refer to the comments made by the Committee under the Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79).

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It requests the Government to refer to the comments made under Convention No. 79.

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.

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