Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 138) sur l'âge minimum, 1973 - République de Moldova (Ratification: 1999)

Autre commentaire sur C138

Observation

2023

Demande directe

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Article 2(1) of the Convention. Scope of application. Children working in the informal economy and self-employed children. The Committee had previously noted that section 46 of the Labour Code, which sets out the minimum age of 16 years for employment, applies only to individual labour contracts. It had noted various provisions under the Labour Code (sections 3 and 46(5) and Chapters VII–XV) which indicate its applicability to employees working on the basis of an individual labour contract with an employer. It had also noted that, according to section 11(1) of Child Rights Act No. 127, children may carry out such work on an independent basis as their age, state of health and vocational training allow. The Committee had finally noted the Government’s statement that hiring a person is possible only under an individual employment contract concluded in writing, and any employee working without an employment contract shall be deemed to be working in an informal area which is not covered by the labour legislation. Having noted from the National Bureau of Statistics Survey report of 2010 that the majority of children working under the minimum age were working either on a self-employed basis or on an unpaid basis in a family enterprise, or in the informal economy, the Committee had requested the Government to take the necessary measures to ensure that children without an employment relationship, such as those who work on their own account or in the informal economy, benefit from the protection provided for in the Convention.

The Committee notes from the Government’s report that the Child Labour Monitoring Unit (CLMU) of the labour inspectorate has been effectively monitoring the illegal employment of children through inspection visits to enterprises as well as to private and individual employers and entities. According to the data provided by the Government, 252 young workers under the age of 18 years were found to be working in 25 enterprises and seven private/individual employers inspected during the period from July 2011 to July 2012. Out of the 252 young workers, 234 were working illegally without an individual labour contract, of which 55 children were employed in work prohibited for children under 18 years, mainly in the agricultural sector.

Moreover, according to Government Decision No. 477 of 2011, a working group was created in order to ensure the implementation of an action plan to reduce the practice of the illegal employment of children. In addition, a national campaign on labour inspection in agriculture as well as in the construction sector was held from September to November 2011 and from March to August 2012 respectively, in order to prevent and combat the illegal employment of children. The Government also indicates that regular monitoring and inspection activities were undertaken from April to September 2012 in the various sectors, including agriculture, with particular attention on young persons under 18 years of age. The Committee further notes the Government’s statement that the CLMU of the labour inspectorate issues annual notifications to employers on the possible consequences of employing children in violation of the provisions of the labour law.

Furthermore, the Ministry of Education has taken several steps against child labour, such as introducing the knowledge of labour law and other child labour-related issues in the school curriculum, awareness-raising programmes and meetings of teachers and parents on the importance of education and the risks of involving children in work. Special provisions for the participation of students and children of school-going age in cotton harvesting have been set up. According to these provisions, children over 15 years of age may be involved in work which is not considered dangerous to life and health for a maximum of two weeks during the school year with the subsequent recovery of schooling hours. The Committee finally notes the Government’s statement that the National Steering Committee on the Elimination of Child Labour together with the CLMU, at its meeting held on 27 July 2012, decided that children shall not be involved in autumn agricultural work as it affects the educational process. The Committee notes, however, that according to the Children’s Activities Survey, 2010, conducted by the National Bureau of Statistics and ILO–IPEC, the majority of employed children (95.3 per cent) work as unpaid family workers, including 76.9 per cent of children aged between 5–11 years, 95.7 per cent of children aged between 12–14 years and 92 per cent of children aged between 15–17 years. The Committee strongly encourages the Government to redouble its efforts to ensure that children working in the informal economy, including in unpaid family work, enjoy the protection afforded by the Convention. Since a large number of children work in family enterprises, the Committee requests the Government to indicate whether the labour inspection services carried out by the CLMU extend to family enterprises and, if so, to indicate the number of children under 16 years who have been withdrawn from their activities.

Minimum age for admission to employment or work. The Committee had previously noted that, according to section 46(2) of the Labour Code, a person attains working capacity at the age of 16. It had noted, however, that section 46(3) allows children of over 15 years of age to conclude work contracts with the written permission of their parents, or legal representatives, provided that this does not impair their health, education, development or vocational training. The Committee had further noted the Government’s indication that the draft Labour Code, which contains provisions fixing a unified minimum age of 16 years, was not accepted in the Parliament for non-compliance with the Revised European Social Charter. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures, without delay, to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation. It requests the Government to provide information on the measures taken in this regard.

Article 7(3). Determination of light work. The Committee had previously noted that section 11(2) and (3) of the Child Rights Act allows children of over 14 years of age to work with their parents’ consent and on condition that the work is combined with studies and that it does not impair their health, education, or physical, mental, spiritual or social development. It had also noted that sections 96 and 100 of the Labour Code prescribe the number of hours during which such work may be undertaken by children. The Committee had requested the Government to indicate whether the competent authority had determined the light work activities that may be undertaken by children of 14 years of age.

The Committee notes the Government’s information that, within the framework of the National Action Plan on the Prevention and Elimination of the Worst Forms of Child Labour approved by Government Decision No. 766 of October 2011, it has been envisaged to revise and update the list of types of hazardous work prohibited for children under the age of 18 years. The Government further states that, in this context, discussions will be undertaken with regard to adopting a list of light work activities that may be carried out by children of 14 years of age. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of light work activities that may be carried out by children of 14 years of age shall be determined in the near future. It requests the Government to provide information on any progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes from the Government’s report that, for the violations of the labour law concerning children and young persons detected by the labour inspectors, sanctions were applied to employers and notices were issued for the immediate withdrawal of children from such activities. Moreover, 22 complaints were filed against employers, of which 20 cases related to individual labour contracts and two cases concerned the engagement of children in dangerous work. The Committee also notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that, according to newly adopted Law No. 169 of July 2012, the fines for the violation of the labour law and legislation on safety and health, the violation of the provisions on individual labour contracts and those related to the prohibition of hazardous work by children have been increased. The Committee requests the Government to continue to provide information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied.