Minimum Age Convention, 1973 (No. 138) - Ukraine (RATIFICATION: 1979)

CMNT_TITLE_CAS

A Government representative (Minster of Labour and Social Policy) noted that the deep changes that Ukraine was undergoing had brought to the surface issues of child labour. The Government of Ukraine was endeavouring to take the necessary measures to eliminate the phenomenon. The national legislation protected children from dangerous and hard labour. Section 188 of the Labour Code provided that children below 16 years of age were not eligible for employment. On an exceptional basis, young persons of 15 years of age were allowed to work subject to the prior consent of their parents. Children of 14 years of age could perform light work, with the consent of their parents. Such labour was not to prejudice the children's health or in any way interrupt their schooling. The employment service accorded special attention for the placement of young persons, particularly orphans. In 2003, out of 33,300 young persons below the age of 18, 8,200 persons as well as 225 out of 361 orphans found employment thanks to the employment service. Following amendments in April 2003, which were introduced to the laws governing the organs and services of youth affairs, the protection of the rights and interests of young persons had become the responsibility of the State's Special Services. Section 190 of the Labour Code placed restrictions on arduous, dangerous and harmful labour for young persons under 18 years of age. Such restrictions were introduced particularly in the sector of heavy transport.

A list of dangerous and harmful professions contained restrictions as to the professional training for young persons under the age of 18. Work under dangerous and harmful conditions was not to exceed four hours per day. Concerning light work, the list was established by the Labour Minister. A shortened week was specified for the following age groups: for young persons between the ages of 16 and 18 - 36 hours per week; for young persons between 15 and 16 years - 24 hours per week; students were not allowed to work for more than half of the maximum hours of work specified above. According to section 192 of the Labour Code, young persons below 18 years of age were not allowed to work outside the normal working hours, during public holidays or during the night. The new draft Labour Code, which was based on the ILO Declaration on Fundamental Principles and Rights at Work, included a special provision on child labour in the area of arts performance. The duration of such work was limited to four hours per day and the State's Special Services were required to give their consent to the conditions of work and remuneration. Several ministries in Ukraine participated in the effort for the elimination of child labour. The result of such participation was the preparation, in December 2002, of such important documents as the Strategy Paper of the Ministry of Education which provided, inter alia, for the reform of secondary education. Compulsory schooling would end at the age of 15 years. However, schooling could continue up to the age of 18 and could include professional training for young persons in the last three years of the education process.

The elimination of the worst forms of child labour remained of paramount importance in the framework of the International Programme for the Elimination of Child Labour (IPEC), which commenced in Ukraine in July 2001. According to the terms of a Memorandum of Understanding between the ILO and the Government of Ukraine, a Supervisory Council had been established with the participation of the representatives of six Ministries, workers' and employers' unions as well as non-governmental organizations concerned with child protection. The Strategy Paper for the elimination of the worst forms of child labour as well as the related Plan of Action were adopted in June 2003. These documents focused on the following areas: the elimination of poverty; the realization of the decent work concept; the creation of mechanisms concerned with illicit child labour; the establishment of a social assistance system; the rehabilitation of children withdrawn from the worst forms of child labour; the improvement of the professional education system; the strengthening of family institutions; recreation for children; the establishment of institutions to organize recreational activities for children; the improvement of legislation governing child labour; and public information related to the issues of child labour. The new draft Labour Code, in its section 286, prohibited the worst forms of child labour, including physical, psychological or sexual violence against children, as well as work which adversely affected the health and morality of children. Labour inspection played an important role in increasing the efficiency of supervision in matters of child labour. It covered the working conditions of children, the level of wages, periods of rest and the respect of guarantees accorded to young persons. The control in the informal economy represented a major problem in Ukraine. The Government had submitted to Parliament a draft law for the ratification of the Labour Inspection Convention, 1947 (No. 81). The Government hoped to benefit from the technical assistance of the ILO for the implementation of the said Convention and for the carrying out of a statistical survey of child labour in the informal sector. This could be organized in the second phase of the IPEC programme scheduled for 2005.

The Worker members stated that Ukraine, like many other states of Central and Eastern Europe and, in particular, those former republics of the Soviet Union, faced major challenges in meeting obligations under a range of ratified Conventions due to economic, social and political problems stemming from the breakneck pace of deconstruction of previous social structures and infrastructures, including social security safety nets, the rapid introduction of an unregulated economy, and the extensive influence of organized crime. Both trade union federations in Ukraine were of the view that child labour was increasing in the informal economy, in which the Government had virtually no control. He asked the Government to indicate how it intended to extend the actual reach of labour inspection services so that all citizens were protected by the rule of law. Comprehensive application of labour inspection was essential if child labour was to be eliminated. All workplaces had to be open to labour inspection, otherwise hidden forms of child labour would not be discovered. The Workers would be interested to hear from the Government what measures it intended to take in order to strengthen the tripartite and broad social alliance in Ukraine to combat child labour, and the role that an innovative labour inspectorate was expected to play in such an alliance.

The Worker members noted that the Government had declared a minimum age of 16 when it had ratified Convention No. 138. The Convention stipulated that no one under that age could be admitted to employment in any occupation - with the sole exception of light work which did not interfere with education for children of 13 years or more - and that children should not work excessive hours or during school hours. Those prohibitions applied to all sectors of the economy and regardless of the nature of the employment relationship. Hazardous work and other worst forms of child labour should not be performed by anyone under the age of 18. The Worker members noted that Ukraine had made progress in the struggle against child labour. A Memorandum of Understanding had been signed with IPEC and a National Plan of Action had been formulated, which took into account the need to promote policy development; to prevent an increase in child labour; to build the capacity of the governmental and non-governmental agencies involved; to conduct quality research; to initiate monitoring activities; to implement direct action activities; and to raise public awareness. Emphasis was being placed on four areas, targeting the worst forms of child labour, including child prostitution, working street children and children employed in the rural economy. In many ways Ukraine was demonstrating a considerable degree of good practices. They hoped that members of the Committee would note that it was not a punishment to be on the list of cases for discussion in this Committee. It was possible to supervise and learn from good practices through dialogue, as well as to criticize failures to comply with obligations arising from ratified ILO Conventions. The Ukrainian case might have had elements of both, but that in no way diminished the Committee's duty to recognize progress when it occurred.

To combat the child labour problem, a first step was to stop and reverse the increase in child labour. Social dialogue needed to be further strengthened so that a macroeconomic and active labour market policy could be developed and implemented in order to tackle Ukraine's serious decent work deficit, in accordance with fundamental principles and rights at work, to ensure that all children now at work returned to school, and that no children under the minimum working ages set out clearly in Conventions Nos. 138 and 182 entered the labour market. It was clear that the indivisibility and mutually reinforcing nature of the fundamental ILO Conventions applied equally to child labour as to the other three subjects. Freedom of Association and the effective right to collective bargaining, the end to discrimination and forced labour, and the provision of universal, free and accessible education were essential prerequisites for the elimination of child labour. The Worker members congratulated Ukraine on particular aspects of good practices in conformity with paragraph 2(e) of Recommendation No. 190. The children who attended the first All-Ukrainian National Children's Congress held two years ago declared that they wanted enough workplaces for their parents; that they wanted access to education; and that they no longer wanted to be forced to work. These sentiments were again reflected by the children attending the first World Congress of Children against Child Labour in Florence. The participants of the Global March supported the empowerment of children in the struggle against child labour. But they in no way removed the responsibilities of adult citizens in democracies to make and enforce laws in the best interest of children - at the national and international level. Those best interests were clearly defined in Conventions Nos. 138 and 182. In conclusion, the Worker members noted that many member States which were supported by IPEC looked for further funds for their programmes. But it was essential that governments fully understood that the National Plan of Action belonged to them and to the social partners, not to IPEC. IPEC supported governments and the social partners - not the other way round. In that context, they also reminded other ratifying member States of their obligations under Article 8 of Convention No. 182 regarding international cooperation and assistance.

The Employer members noted that this case concerned Convention No. 138, and not Convention No. 182. They recalled that the Committee of Experts had begun making comments on this case in 1997. It was not clear from the observation of the Committee of Experts what legislation or labour inspection system was in force to implement the obligations of the Convention in all sectors of the economy. It was also not clear from the Government's statement when sections 188 and 190 of the Labour Code had come into effect. This information should be supplied to the Committee of Experts in a written report for further examination. They also noted the Government representative's reference to employment services for young persons and to the fact that over 33,000 young persons were currently registered with these services. They noted that providing work to children on the basis of their economic need, such as in the case of orphans, might be contrary to certain principles in Convention No. 138. Moreover, the provisions of the draft Labour Code regarding light work should be equally submitted to the Committee of Experts for examination. The Employer members noted that ILO assistance had already been provided and that further assistance would be needed. They noted with interest that Convention No. 81 was before Parliament but recalled that labour inspection only concerned the formal sector and therefore further efforts would be needed to address the crucial problem of child labour in the informal economy. The ILO should provide assistance in carrying out a comprehensive survey of child labour in Ukraine. They concluded by noting that the Government was making real efforts in this regard and hoped that it would meet the challenge of applying the Convention fully in law and practice.

The Worker member of Ukraine stated that Ukraine had a balanced labour legislation in the area of employment of children, which included the Labour Code, the Law on occupational safety and health, the Law on health care, and the Law on education. More than 400,000 children worked regularly. The average age for starting work was 12 years. Children were used in the worst forms of labour including prostitution, pornography, street commerce and work in illegal mines. Children were also taken abroad to be exploited in construction works, agriculture and the sex industry. Thirty-five per cent of working children stated that the need to help their families drove them to work.

The labour of women and children even under 10 years of age was used in illegal mines, notwithstanding section 190 of the Labour Code, which prohibited employment of children below 18 years of age in underground works. This was the negative result of the restructuring of the mining sector undertaken by the World Bank, which had led to the closure of mines without creating any alternative employment. The number of illegal mines had reached 5,000. The Government did not have the will to solve the problem of child labour, which was concentrated in the informal sector, accounting for 60 per cent of the national economy. This led to unjust distribution of wealth and the spread of poverty. The speaker mentioned a rare case of a conviction by a tribunal of the persons who, having taken ten orphans into the family for upbringing, forced them to do night work in an illegal mine. Considering that the problem of child labour in Ukraine was still far from having been fully studied and understood, he requested the ILO to extend its activities in the country within the framework of the IPEC programme and to conduct a comprehensive survey on the use of child labour.

The Government member of Cuba thanked the Government representative for the information provided on the measures adopted to tackle the situation of child labour in Ukraine and endorsed his request for the ILO technical assistance which could contribute to the resolution of the problems raised by the Committee of Experts and to the strengthening of the Government's efforts to resolve this complex problem which required a multi-sector approach.

The Employer member of Ukraine expressed his appreciation for the interest in this case and stated that employers fully shared the view of the international community that child labour could not be accepted. It appeared that in the formal sector the Government was implementing its obligations under Convention No. 138 as the work of children was well regulated. The problem appeared to concern the informal sector. It was positive, however, to note that all social partners agreed on this issue and were working on relevant legislation. Furthermore, the GDP of Ukraine continued to grow at a rate of 10 per cent. As a result, the informal sector was shrinking and there would be a reduction in child labour as well. He stressed the importance of monitoring child labour and of the assistance of the European Union and other international bodies in addressing this problem. In closing, he noted that loans by the World Bank and the European Bank for Reconstruction and Development had resulted in the closing of all coalmines. This had left many workers without jobs and had contributed to child labour and children working in illegal mines. He reiterated that Ukrainian employers would never allow child labour to be used in their enterprises.

Another Worker member of Ukraine noted that the economic crisis in Ukraine in the previous decade had produced a new phenomenon - child labour. Working children tried to help their families to cope with material difficulties. Child labour was most often used in retail trade enterprises, market-places and in agricultural works. Various forms of assistance were provided to these children by government agencies, trade unions and other non-governmental organizations. Trade unions had taken the initiative to propose the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182). In June 2003, the Government adopted, with the participation of trade unions, the Strategy Paper for the elimination of the worst forms of child labour, as well as the Plan of Action where non-governmental organizations were given a prominent place. Special provisions calling for comprehensive measures to implement Convention No. 182 were included in the General Agreement signed by the trade unions. In May 2002, a seminar was organized in cooperation with the ILO with a view to better engage the potential of trade unions in the realization of projects for the prevention and elimination of the worst forms of child labour in Ukraine. The speaker supported the additional measures for combating child labour mentioned by the Minister in his intervention and expressed the wish to conduct a survey on the use of child labour in Ukraine including the labour of street children. Finally, he proposed to include the training of public employees, as well as of employers' and workers' organizations, in the area of the rights of the child in the programme of cooperation between Ukraine and ILO.

The Government representative stressed that the issue of child labour was complex and noted the interest expressed by the participants in the Conference Committee's discussion to find solutions to the problem. He was convinced that the phenomenon of child labour was of deep concern in view of its adverse effects. There were moral, legal, medical, social and economic dimensions to the phenomenon of child labour which was the product of increasing criminality in the country. The debate indicated that all levels of Ukrainian society, particularly the trade unions, acknowledged the inadmissibility of child labour. In answering the queries raised by certain members of the Committee, in particular the Employer members, he provided assurances that all the necessary information, including that relating to the contents of the Ukrainian Labour Code, would be made available in the Government's report to the Committee of Experts before the next session. He expressed the hope that the proposals made by certain members of the Conference Committee would be reflected in the conclusion of its report.

The Worker members stated that the discussion of the case confirmed their view that there was good reason for congratulation. Nevertheless, they agreed with the Employer members that information on legislation should be provided to the Committee of Experts. They also shared the Employer members' concerns about employment services possibly channelling children into work, especially the most vulnerable who should receive enhanced protection. More information was needed on the serious problems of child labour in the sex industry, child trafficking, and the use of children in mines. They reiterated that the strong demand for IPEC support should go hand in hand with the respect for obligations under Article 8 of Convention No. 182 which called for countries to provide international cooperation and/or assistance in combating child labour, including support for social and economic development, poverty eradication programmes and universal education. Finally, the Worker members stated that they had mentioned Convention No. 182 in the context of this case because, in their view, this instrument supplemented Convention No. 138. Only an integrated approach to child labour would succeed.

The Employer members stressed the importance of this case since children were the future of Ukraine. The Government had indicated good will and, like the Worker members, they had noted some progress in this case. Nonetheless, it was clear that more needed to be done to put an end to child labour in the country.

The Committee noted the information provided by the Government representative and the discussion that followed. The Committee noted the statement by the Government representative that the various matters raised by the Committee of Experts would be taken into consideration. The Committee noted in particular the indication by the Government representative that a technical cooperation programme with ILO/IPEC had recently been launched. The Committee took due note that this programme would focus, inter alia, on building the institutional and technical capacity of the Government and the social partners to apply Convention No. 138 as well as the Worst Forms of Child Labour Convention 1999, (No. 182). The Committee expressed the hope that this technical cooperation programme would address the situation of children below the age of 16 working in the informal sector including by enhancing the capacity of the labour inspectorate in the informal economy. The Committee requested the Government to provide, in its next report to the Committee of Experts, information on the implementation of this technical cooperation programme as well as on the results achieved in eliminating child labour in the informal sector. Furthermore, the Committee requested the Government to provide information in its next report containing statistics on the number and the age of children working in the informal sector.

Recalling the fundamental importance of Convention No. 138 for the abolition of child labour, and particularly the importance of establishing the minimum age of 16 years, as specified by the Government upon ratification, for admission to employment or work in all sectors, the Committee requested the Government to take the necessary steps, in practice, to ensure that no one under the age of 16 was admitted to employment or work in any occupation. In this regard, the Committee recalled that compulsory education was one of the most effective means of combating child labour, and that it was desirable for the age of completion of compulsory schooling to correspond to the minimum age for admission to employment or work. The Committee requested the Government to clarify the situation with regard to the age of completion of compulsory schooling and the minimum age for admission to employment or work and to indicate the relevant national provisions applicable in this regard. Finally, while noting that national legislation prohibited the employment of young persons under 18 years of age in any type of employment or work which, by its nature or the circumstances in which it was carried out, was likely to jeopardize their health, safety or morals, in conformity with Article 3 of the Convention, the Committee expressed its concern over the situation of many young persons under the age of 18 who increasingly worked in hazardous work in practice, in particular in the informal sector. The Committee noted with interest that the Labour Inspection Convention, 1947 (No. 81) was currently before Parliament for ratification. The Committee also invited the Government to provide detailed information on the manner in which Article 3 of the Convention was applied in practice, including for example statistical data on the employment of children and young persons in hazardous work, extracts from the reports of inspection services and information on the number and nature of contraventions reported. The Committee confirmed that the ILO would provide all necessary technical assistance to the Government in order to carry out a survey on the situation of child labour in the informal sector.

CMNT_TITLE

Previous comment

Article 7(3) of the Convention. Determination of light work. Following its previous comments, the Committee notes the Government’s information that, in light of the delays incurred in the ongoing revision of the labour legislation of Ukraine, the current Labour Code of 1971 continues to be in force. As previously noted by the Committee, section 188(3) of the Labour Code allows the employment of students from secondary school or technical educational to perform light work from the age of 14. However, neither the Labour Code nor other legislation define the term light work or provide for a list of types of light work activities allowed. The Committee further observes that the latest draft-law on labour of 2022, on which the Office provided comments in 2023, includes a provision according to which a person between 14 and 16 years of age may work, if this does not harm his/her health, safety, learning process, physical, spiritual and moral development (section 14(3)), and only with the permission of the guardianship authority.

The Committee once again recalls that, pursuant to Article 7(3) of the Convention, the competent authority shall determine light work activities and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore once again requests the Government to take the measures to ensure that the types of light work activities which may be performed by children from the age of 14 years are determined by law or regulation, in the framework of the ongoing revision of the Labour Code.

Article 8. Artistic performances. The Committee previously noted that the Government was attempting to regulate the labour conditions of children and young persons admitted to employment in the cinema, theatre and concerts. It had taken note of certain sections in the previous versions of draft-laws on labour that permitted the employment of children under the age of 14, but did not adequately establish their working hours. The Committee observes, however, that the latest draft-law on labour of 2022 does not contain provisions regulating the employment of children in artistic performances.

The Committee once again reminds the Government that, under the terms of Article 8 of the Convention, the competent authority may grant individual work permits to children under the minimum age for admission to employment or work for participation in activities such as artistic performances, and that these permits must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests the Government to indicate whether it is envisaged, in the framework of the revision of the Labour Code, to regulate the employment of children under the age of 16 in artistic performances. If so, it requests the Government to ensure that such work be permitted only under the terms of Article 8 of the Convention.

CMNT_TITLE

Previous comment

The Committee takes note of the Government’s information, in its report, that following the resignation of the Government in March 2020, the draft-law on labour No. 2708 that was submitted to the Verhkovna Rada of Ukraine in November 2019 was automatically revoked. The Committee is aware that the new Government in office has prepared another draft-law on labour in 2022, which has received technical comments from the Office; however, it appears that the Cabinet of Ministers may propose another draft project in 2024. According to the Government, therefore, the current Labour Code of Ukraine of 1971 continues to be in force. The Committee expresses the firm hope that the revised Labour Code will be adopted in the near future and requests the Government to take the necessary measures to ensure that its comments are taken into consideration in the framework of this ongoing legislative review.

Article 2(1) of the Convention. Scope of application and labour inspection. The Committee previously took note of the 2019 conclusions of the European Committee of Social Rights, under the European Social Charter, that in view of the available statistics of that Committee on the number of children aged 5 to 14 years involved in child labour or hazardous work, the prohibition of employment under the age of 15 was not guaranteed in practice. The Committee also took note of the restrictions and limitations on labour inspections (by virtue of Act No. 877-V of 2007) and requested information on the activities undertaken by the labour inspection services regarding child labour. The Committee notes with regret the lack of information in the Government’s report on this issue. The Committee once again requests the Government to take all necessary measures to ensure that effective labour inspections in the area of child labour are conducted in practice. It requests the Government to provide concrete information on the activities undertaken by the labour inspection services in this respect, including the number of labour inspections carried out, the number and nature of cases detected, the number of penalties imposed and any other follow-up measures taken.

Regarding the restrictions and limitations on labour inspections imposed by Act No. 877-V of 2007, the Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Minimum age for admission to employment or work. The Committee recalls that under section 188(2) of the Labour Code, children of 15 years of age are exceptionally authorized to work with the consent of their parents or guardians. Section 188(2) of the Labour Code therefore allows young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years. The Committee recalls that an exception to the minimum age under the Convention is only permissible as regards light work, in line with the conditions as defined in Article 7(1) of the Convention. In this regard, the Committee observes that section 14(2) of the 2022 draft-law on labour provides that a worker is at least 16 years of age, and does not appear to contain a provision similar to section 188(2) of the current Labour Code.. The Committee once again expresses the firm hope that the Government will take the necessary measures, during the revision of the Labour Code, to ensure that no person under the age of 16 years may be admitted to employment or work in any occupation, in conformity with Article 2(1) of the Convention, except for light work as authorized under Article 7(1) of the Convention.

Articles 3(3) and 6. Authorization to perform hazardous work from the age of 16 years and vocational training. The Committee once again recalls that, by virtue of section 2(3) of the Order of the Ministry of Health of Ukraine No. 46 of March 1994, persons under the age of 18 years pursuing vocational training may perform hazardous types of work under certain conditions, without specifying a minimum age. The legislation in force therefore does not explicitly prohibit children between 14 (the age of admission to vocational training) and 16 years to perform hazardous work during vocational training. The Committee once again emphasizes that that young persons below 16 years of age engaged in apprenticeships must not undertake hazardous work and that measures should be taken to raise the minimum age for admission to hazardous work to at least 16 years, even if the required protective conditions are adequately provided.

The Committee observes in this regard that section 18(3) of the 2022 draft-law on labour provides that employment agreements that involve hazardous work may only be concluded with persons over the age of sixteen years, provided that they have received sufficient specialized training and that it does not harm their health, safety, learning process, physical, spiritual and moral development. The Committee requests the Government to take the necessary measures to ensure that a provision – like section 18(3) of the 2022 draft-law on labour – provide for a minimum age of 16 for the performance of hazardous work, under the conditions of safety and training provided for under Article 3(3) of the Convention. It also requests the Government to take the necessary measures to ensure that such a provision explicitly applies to the work in vocational training that is allowed under section 2(3) of Order No. 46 of 1994 of the Ministry of Health of Ukraine. The Committee requests the Government to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

Article 7(3) of the Convention. Determination of light work. The Committee previously noted that section 124(3) of the draft Labour Code defined light work as work that poses no danger to health, life, physical or psychological development of a child and does not interfere with his/her education. It noted that that section further indicated that the list of types of light work shall be issued by the central government authority.

The Committee notes that the Government, in response to its request, does not report on any concrete developments as regards the determination of light work by the competent authority, but refers to ongoing work as regard the draft Labour Code. The Committee notes that a similar provision to the one in the previous draft Labour Code referred to above, is now provided for in the section 19(4) of the current draft Labour Code. The Committee once again requests the Government to indicate the measures taken or envisaged to determine light work activities which may be performed by children from the age of 14 years, pursuant to the abovementioned provision in the draft Labour Code.

Article 8. Artistic performances. In its previous comments, the Committee noted that pursuant to section 20(5) of the draft Labour Code, children under the age of 14 years shall be allowed, by a written consent of either parents or guardians, to participate in activities pertaining to cinematography, theatre, concerts and shows and other creative organizations or other pieces of art that are not harmful to their health, moral development and training, provided that the permission for such employment is granted by the children’s authority and that the working conditions and remuneration are agreed upon by the authority. The Committee further noted that although section 131 of the draft Labour Code prescribed the working hours for children of 14 years and above, it did not establish the working hours for children under 14 years for artistic performances.

The Committee notes that the Government does not provide a reply in relation to this specific point. It further notes that, sections 19(5) and 141(2) of the current draft Labour Code on the website of the Parliament, have identical content to the sections 20(5) and 131 of the previous draft Labour Code cited above. The Committee once again requests the Government to indicate whether permission for artistic performances by children under the age of 14 years is granted by the children’s authority on the basis of individual permits and whether such permits also limit the number of hours for such authorized work, in conformity with Article 8 of the Convention.

CMNT_TITLE

Article 2(1) of the Convention. 1. Scope of application and labour inspection. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/UKR/CO/3-4, para. 74), expressed concern at the high number of children below the age of 15 years working in the informal economy. In this respect, it also noted the Government’s statement that the supervision of the use of child labour in the informal economy remained an outstanding issue which concerned, above all, the right of access to workplaces.

The Committee notes from the statistics provided by the Government, in its report, in response to the Committee’s request for labour inspection statistics (in the formal and informal sector), that there appears to be a decrease in the activities of the labour inspection services as regards child labour, from 163 workplace visits in 2014 (with 334 minors found working), to 90 workplace visits in 2017 (with 177 minors found working). The Government adds that in 2018, 241 minors were found working during inspections. In this respect, the Committee refers to its comments adopted in 2019 under the Labour Inspection Convention, 1947 (No. 81) in which it noted that the number of labour inspectors had significantly increased since 2018, but in which it also noted with deep concern that several restrictions and limitations on labour inspections remained in force in the country. The Committee also notes from the 2019 conclusions of the European Committee of Social Rights, under the European Social Charter, that in view of the available statistics of that Committee on the number of children aged 5 to 14 years involved in child labour or hazardous work, the prohibition of employment under the age of 15 was not guaranteed in practice. The Committee requests the Government to take all necessary measures to ensure that effective labour inspections in the area of child labour are conducted in practice. It also requests the Government to continue to provide information on the activities undertaken by the labour inspection services in this respect, including the number of labour inspections carried out, the number and nature of cases detected, and any follow-up measures taken.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that under section 188(2) of the Labour Code, children of 15 years of age are exceptionally authorized to work with the consent of their parents or guardians. In this respect, the Committee observed that section 188(2) of the Labour Code allows young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years, and that an exception to the minimum age under the Convention is only permissible as regards light work, in line with the conditions as defined in Article 7(1) of the Convention.

The Committee notes, from the Government’s indication in its report, and the website of the Parliament, that initiatives to amend the Labour Code are ongoing, but that no amendments have been made to the Labour Code so far, and that section 19(3) of the current draft Labour Code continues to contain similar provisions to the ones in section 188(2). The Committee once again expresses the firm hope that the Government will take the necessary measures, during the revision of the draft Labour Code, to ensure that no person under the age of 16 years may be admitted to employment or work in any occupation, in conformity with Article 2(1) of the Convention, except for light work as authorized under Article 7(1) of the Convention. It also once again expresses the hope that the revised draft Labour Code will be adopted in the near future.

Articles 3(3) and 6. Authorization to perform hazardous work from the age of 16 years and vocational training. The Committee previously noted that by virtue of section 2(3) of the Order of the Ministry of Health of Ukraine No. 46 of March 1994, persons under the age of 18 years pursuing vocational training may perform hazardous types of work for not more than four hours a day on condition that existing sanitary and health norms on labour protection are strictly observed, without specifying a minimum age. In this respect, the Committee observed that the legislation in force did not explicitly prohibit children between 14 (the age of admission to vocational training) and 16 years to perform hazardous work during vocational training. In this regard, it emphasized that the necessary measures should be taken to ensure that young persons below 16 years of age engaged in apprenticeship do not undertake hazardous work and that measures should be taken to raise the minimum age for admission to hazardous work to 16 years, even if the required protective conditions are adequately provided (2012 General Survey on Fundamental Conventions, paras 380 and 385). 

The Committee notes that the Government’s report does not contain specific information on this point, but that pursuant to section 299(4) of the draft Labour Code published on the website of the Parliament, hazardous work during vocational training shall only be permitted if children reach the age of 18 upon the end of their vocational training. The Committee once again urges the Government to take the necessary measures to ensure that children who follow vocational training programmes or apprenticeships are allowed to perform hazardous work only from the age of 16 years, in conformity with Article 3(3) of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

Article 7(3) of the Convention. Determination of light work. The Committee notes that section 124(3) of the draft Labour Code, defines light work as work that poses no danger to health, life, physical or psychological development of a child and does not interfere with his/her education. This section further indicates that the list of types of light work shall be issued by the central government authority. The Committee requests that the Government indicate the measures taken or envisaged to determine light work activities which may be performed by children from the age of 14 years, pursuant to section 124(3) of the draft Labour Code.

Article 8. Artistic performances. Following its previous comments, the Committee notes that according to section 20(5) of the draft Labour Code, children under the age of 14 years shall be allowed, by a written consent of either parents or guardians, to participate in activities pertaining to cinematography, theatre, concerts and shows and other creative organizations or other pieces of art that are not harmful to their health, moral development and training, provided that the permission for such employment is granted by the children’s authority and that the labour conditions and remuneration are agreed upon by the authority. The Committee notes that although section 131 of the draft Labour Code which deals with reduced working hours prescribes the working hours for children of 14 years and above, it does not establish the working hours for children under 14 years for artistic performances. The Committee once again reminds the Government that, under the terms of Article 8 of the Convention, the competent authority may grant individual work permits to children under the minimum age for admission to employment or work for participation in activities such as artistic performances, and these permits must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests that the Government indicate whether permission for artistic performances by children under the age of 14 years is granted by the children’s authority on the basis of individual permits and whether such permits also limit the number of hours for such authorized work, in conformity with Article 8 of the Convention.

CMNT_TITLE

Article 2(1) of the Convention. 1. Scope of application and labour inspection. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/UKR/CO/3-4, paragraph 74), expressed concern at the high number of children below the age of 15 years working in the informal economy, in particular in illegal coal mines, as well as at the extent of violations of labour law regarding the employment of children. In this regard, the Committee urged the Government to take the necessary measures to adapt and strengthen the labour inspection services in the informal and illegal economy.

The Committee notes the Government’s indication in its report that the State Labour Service of Ukraine (SLS) was formed following the merger of the State Service for Industrial Safety, Occupational Health and Safety and Mining Supervision and the State Labour Inspectorate pursuant to Decision No. 422 of 2014. It notes that the SLS developed a draft concept with a view to reforming the occupational health and safety management system and to increasing its effectiveness. Fundamental to this reform is the constant monitoring of occupational risks, including the employment of minors in high risk jobs. The Committee also notes from the Government’s report submitted under the Labour Inspection Convention, 1947 (No. 81) that the ILO project on “the strengthening of the effectiveness of the labour inspection system and social dialogue mechanisms” was initiated in September 2016. This project aims to create conditions that enable the SLS to develop and implement effective measures to comply with international labour standards, including in the areas of occupational safety and health and labour inspection in the informal economy. The Committee further notes the statistical information provided by the Government including the number of labour inspections conducted, the number of infringements detected and the subject areas to which they relate, the number of administrative decisions issued and fines imposed, as well as the number of cases submitted to the public prosecutor’s offices. According to this information, in 2014, the labour inspectors inspected 163 enterprises, including agricultural (31), trading (28), services (42) and others (62), which employed 334 minors between the ages of 14 to 18 years, and in 2015, two minors between the ages of 16 and 18 were found working. The Committee requests the Government to continue taking measures, including within the framework of the ILO project “the strengthening of the effectiveness of the labour inspection system and social dialogue mechanisms”, to strengthen the labour inspection services in the informal economy.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that under section 188(2) of the Labour Code, children of 15 years of age may exceptionally be authorized to work with the consent of their parents or guardians. The Committee observed that the above provision of the Code allowed young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years.

The Committee notes that the draft labour code of Ukraine also contains similar provisions under section 20(3). The Committee notes the Government’s indication that a working group has been set up to revise the draft labour code, and that the recommendations provided by the Office on the draft labour code concerning the minimum age will be taken into consideration. The Committee expresses the firm hope that the Government will take the necessary measures, during the revision of the draft labour code, to ensure that no person under the age of 16 years may be admitted to employment or work in any occupation, in conformity with Article 2(1) of the Convention, except for light work as authorized under Article 7(1) of the Convention. It expresses the hope that the revised draft labour code will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Articles 3(3) and 6. Authorization to perform hazardous work from the age of 16 years and vocational training. The Committee previously noted that by virtue of section 2(3) of the Order of the Ministry of Health of Ukraine No. 46 of March 1994, persons under the age of 18 years pursuing vocational training may perform hazardous types of work for not more than four hours a day on condition that existing sanitary and health norms on labour protection are strictly observed. The Committee observed that children between 14 and 16 years were allowed to perform hazardous work during vocational training.

The Committee notes that the Government’s report does not contain any information on this point. The Committee therefore once again reminds the Government that according to Article 3(3) of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on the condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. In this regard, the Committee must emphasize that the necessary measures should be taken to ensure that young persons below 16 years of age engaged in apprenticeship do not undertake hazardous work and that measures should be taken to raise the minimum age for admission to hazardous work to 16 years, even if the required protective conditions are adequately provided (see General Survey of 2012 on the fundamental Conventions, paragraphs 380 and 385). The Committee therefore once again urges the Government to take the necessary measures to ensure that children who follow vocational training programmes or apprenticeships are allowed to perform hazardous work only from the age of 16 years, in conformity with Article 3(3) of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, in 2012, the state labour inspectorate of Ukraine, in collaboration with the Service for Children’s Affairs, inspected 540 enterprises employing 1,026 minors, 28 of them aged 14–15 years, 149 aged 15–16 years, and 859 aged 16–18 years. The Government indicates that 18 minors were found to be working in difficult and harmful conditions, most of whom were detected in the Zhitomir region. The inspections also revealed 24 cases of employees under the age of 18 years doing night work, overtime, and working on days off, in contravention of the requirements of section 192 of the Code of Labour Laws of Ukraine. As a result of these inspections, instructions to remedy 234 violations of the labour legislation were issued to heads and officials of the breaching enterprises, and 176 protocols were drawn up and filed with the courts against the heads of such enterprises. In addition, the heads of six enterprises were held administratively liable for failing to fulfil the demands of state labour inspectors. In the first six months of 2013, 188 enterprises were inspected, which were employing 369 minors, three of them aged 14–15 years, 57 aged 15–16 years, and 304 aged 16–18 years. These inspections permitted the identification of 12 minors working in difficult and harmful conditions. Moreover, 12 minors were found to be doing night work, overtime, or work on days off. As a result of these inspections, instructions to remedy 141 violations of the labour legislation were issued to heads and officials of the breaching enterprises, and 85 protocols were drawn up and filed with the courts against the heads of such enterprises. The heads of one enterprise were held administratively liable for failing to fulfil the demands of state labour inspectors. The Committee requests the Government to continue providing information on the number of children found working by the labour inspection services, and on the number of violations detected and convictions, especially in the informal economy. It also requests the Government to provide specific information on the number and nature of penalties applied in this regard.

CMNT_TITLE

Article 2(1) of the Convention and Part III of the report form. 1. Scope of application and labour inspection. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/UKR/CO/3-4, paragraph 74, 21 April 2011), expressed concern at the high number of children below the age of 15 years working in the informal economy, in particular in illegal coal mines, as well as at the extent of violations of labour law regarding the employment of children. The Committee noted the Government’s statement that the supervision of the use of child labour in the informal economy remained an outstanding issue which concerned, above all, the right of access to workplaces in this sector, and that the basic problem consisted in the development of a mechanism to collect evidence testifying to the fact that a child worked for an employer in the absence of any written arrangements.

The Committee notes the Government’s information, in its report, that the state labour inspectorate, in collaboration with the Service for Children’s Affairs, inspected 540 enterprises employing minors in 2012, and 188 in 2013. These inspections revealed that, in 2012, 44 minors were found working without formalized employment relations, three of these in state-owned enterprises, while 26 employers were paying 37 employed minors’ salaries “under the table”. In the first six months of 2013, 15 minors were found working without formalized employment relations, four in state-owned enterprises, while seven employers were paying seven employed minors’ salaries “under the table”. The Committee urges the Government to take the necessary measures to adapt and strengthen the labour inspection services in the informal and illegal economy, in order to ensure that the protection established by the Convention is extended to children working in this sector. It once again requests the Government to provide information on any measures adopted or envisaged in this regard, and on the results achieved, along with its next report.

Moreover, having noted previously the Government’s information that the Centre of Social Expertise of the Institute of Sociology of the National Academy of Sciences conducted a study on the use of child labour in six sectors of the informal economy (agriculture, street trade, work in mines, services sector, commercial sexual exploitation and illegal activities, including begging), the Committee once again requests the Government to provide statistical information on child labour gathered from the study, as well as other relevant information.

2. Minimum age for admission to employment or work. The Committee previously noted that under section 188(2) of the Labour Code, children of 15 years of age may exceptionally be authorized to work with the consent of their parents or guardians. The Committee observed that the above provision of the Code allowed young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years. It also noted that a draft Labour Code of Ukraine was being prepared, the provisions of which should comply with international labour standards. Once again noting the absence of information in the Government’s report on this point, the Committee urges the Government to take the necessary measures within the framework of the adoption of the new Labour Code, to ensure that no person under the age of 16 years may be admitted to employment or work in any occupation, in conformity with Article 2(1) of the Convention. It also requests the Government to provide a copy of the new Labour Code, as soon as it has been adopted.

Articles 3(3) and 6. Authorization to perform hazardous work from the age of 16 years and vocational training. The Committee previously noted that by virtue of section 2(3) of the Order of the Ministry of Health of Ukraine No. 46 of March 1994, persons under the age of 18 years pursuing vocational training may perform hazardous types of work for not more than four hours a day on condition that existing sanitary and health norms on labour protection are strictly observed. The Committee observed that children between 14 and 16 years were allowed to perform hazardous work during vocational training. It reminded the Government that, according to Article 3(3) of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on the condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. Once again noting the absence of information in the Government’s report on this point, the Committee urges the Government to take the necessary measures to ensure that children who follow vocational training programmes or apprenticeships are allowed to perform hazardous work only from the age of 16 years, in conformity with Article 3(3) of the Convention. It requests the Government to provide information on the progress made in this regard with its next report.

Article 7(3). Determination of light work. The Committee previously noted that the draft Labour Code provides that the list enumerating the types of light work which may be performed by children over 14 years of age shall be approved by a specially authorized authority dealing with labour issues. Once again noting the absence of information in the Government’s report, the Committee urges the Government to take the necessary measures to ensure that provisions determining light work activities which may be performed by children from the age of 14 years are adopted pursuant to the provisions of the draft Labour Code in the very near future. It once again requests the Government to provide information on any developments in this regard, and to provide a copy of the provisions determining light work activities as soon as they have been adopted.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that an attempt was being made in the draft Labour Code to regulate the labour relations of young persons admitted to employment in the cinema, theatre and concerts. However, it observed the absence of provisions limiting the hours and prescribing the conditions of work by children under 14 years for artistic performances.

The Committee notes the Government’s indication that the draft Labour Code sets no restrictions on daily work for children in artistic performances aged up to 14 years, but provides that the working conditions must be agreed upon with the Service for Children’s Affairs. The Committee reminds the Government that, under the terms of Article 8 of the Convention, the competent authority may grant individual work permits to children under the minimum age for admission to employment or work for participation in activities such as artistic performances, and these permits must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests the Government to take the necessary measures to ensure that the number of hours during which children under 14 years may be granted permission to work in artistic performances is limited, as laid down in Article 8(2) of the Convention. It also requests the Government to indicate whether, by virtue of the draft Labour Code, the Service for Children’s Affairs is the competent authority that may grant individual work permits for the participation of children in artistic performances, and if the working conditions that are agreed upon with the Service for Children’s Affairs are prescribed in accordance with Article 8(1) of the Convention.

The Committee observes with concern that the draft Labour Code which has been under preparation since 2007 has not yet been adopted. The Committee urges the Government to take all the necessary measures to bring the draft Labour Code into force, taking into consideration the above comments made by the Committee. In this regard the Committee once again invites the Government to consider seeking technical assistance from the ILO.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

Article 2(1) of the Convention and Part IV of the report form. 1. Scope of application and labour inspection. The Committee had previously noted the Government’s information that the provisions of section 188 of the Labour Code, regulating the minimum age for admission to employment, as well as the provisions prohibiting the employment of children in hazardous work, apply to workers of all enterprises, institutions and organizations, irrespective of the forms of ownership, type of activity and sectoral affiliation. It had observed that since 2005 the Goznadzortrud (authority within the Ministry of Social Labour and Social Policy which monitors the compliance of labour legislation) had participated in the implementation of the ILO–IPEC project “Institutional development of labour inspection for participation in the System of Child Labour Monitoring (CLMS) in two pilot regions – Donetsk and Kherson regions”. It had noted with interest the Government’s information that CLMS developed in the Donetsk and Kherson regions would be replicated at the country level under the “National Plan of Action to implement the United Nations Convention on the Rights of the Child for 2006–16”, adopted in June 2007.

The Committee had, however, noted the Government’s statement that, the supervision of the use of child labour in the informal sector of the economy remained an outstanding issue which concerned, above all, the right of access to workplaces in the informal sector. According to the Government, the lack of criteria of evaluation of the presence of employment relations when using child labour in private garden plots or in the street did not provide the inspectors with the grounds to apply administrative sanctions. The basic problem, therefore, consisted in the development of a mechanism to collect evidence testifying to the fact that a child works for an employer in the absence of any written arrangements. It had noted the Government’s information that the labour inspectors involved in the implementation of the ILO–IPEC programme in the Donetsk and Kherson regions were carrying out their activities to develop such a mechanism with the participation of the representatives of other supervisory bodies. The Committee had repeatedly expressed its hope that, in adopting the CLMS at the national level, the labour inspection component concerning children working in the informal sector would be strengthened.

The Committee notes with regret that the Government’s report does not supply any additional information on the CLMS. Moreover, it notes, that the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/UKR/CO/3-4, paragraph 74, 21 April 2011), expressed concern at the high number of children below the age of 15 years working in the informal and illegal economy, in particular in illegal coal mines, as well as the extent of violations of labour law regarding the employment of children. It also expressed its deep concern at the challenges in identifying child labour in the informal sector, and at the lack of authority of the State Department for Supervision of the Observance of Labour Legislation to monitor the informal sector as well as child labour in the family. The Committee expresses its concern at the situation of children working in the informal and illegal economy and urges the Government to intensify its efforts to adapt and strengthen the labour inspection services in the informal economy, in order to ensure that the protection established by the Convention is ensured for children working in this sector. It once again requests the Government to indicate any measures adopted or envisaged within the CLMS at the national level on improving the capacity of labour inspectors to detect cases of child labour in the informal sector with a view to removing these children from child labour, and the results achieved.

2. Minimum age for admission to employment or work. The Committee had previously noted that under section 188(2) of the Labour Code, children of 15 years of age may exceptionally be authorized to work with the consent of their parents or parent substitutes. The Committee had observed that the above provision of the Code allows young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years. It had also noted the Government’s information that within the framework of the ILO–IPEC project “Declaration of the basic rights and freedoms at work”, a draft Labour Code of Ukraine was being prepared the provisions of which comply with international labour standards. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures within the framework of the adoption of the new Labour Code, to ensure that no one under the age of 16 years may be admitted to employment or work in any occupation, in conformity with Article 2(1) of the Convention. It also requests the Government to provide a copy of the new Labour Code, as soon as it has been adopted.

Articles 3(3) and 6. Authorization to perform hazardous work from the age of 16 and vocational training. The Committee had previously noted that according to the provisions stipulated under Order No. 244 of the State Labour Protection Inspectorate of 15 December 2003, the admission of minors to employment in hazardous occupations is allowed only when minors reach the age of 18 years. It had also noted that by virtue of section 2(3) of the Order of the Ministry of Health of Ukraine No. 46 of March 1994, persons under the age of 18 years pursuing vocational training may perform hazardous types of work for not more than four hours a day on condition that existing sanitary and health norms on labour protection are strictly observed. However, it had noted the Government’s statement that there are no adopted norms providing a minimum age for the admission of children and young persons to training. The Committee had also observed that, children between 14 and 16 years are allowed to perform hazardous work during vocational training. It had reminded the Government that, according to Article 3(3) of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on the condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to take the necessary measures within the framework of the adoption of the new Labour Code, to ensure that children who follow vocational training programmes or apprenticeships are allowed to perform hazardous work only from the age of 16 years, in conformity with Article 3(3) of the Convention.

Article 7(3). Determination of light work. The Committee had previously noted that section 188(3) of the Labour Code provides that, in order to teach young people to work productively, students in general vocational and technical education or specialized secondary education having attained 14 years of age may perform light work during their leisure hours provided the consent of one of their parents or parent substitutes is obtained and on condition that it does not harm their health or interrupt their schooling. It had also noted the Government’s information that the draft Labour Code provides that the list enumerating the types of light work which may be performed by children shall be approved by a specially authorized authority dealing with labour issues. The Committee had requested the Government to provide information on any developments made in this regard. Noting the absence of information in the Government’s report, the Committee once again expresses the firm hope that provisions determining light work activities which may be performed by children from the age of 14 years will soon be adopted pursuant to the provisions of the draft Labour Code. It once again requests the Government to provide information on any developments in this regard, and to provide a copy of the provisions determining the light work activities as soon as they have been adopted.

Article 8. Artistic performances. The Committee had previously noted the Government’s indication that an attempt was being made in the draft Labour Code to regulate the labour relations of young persons admitted to employment in the cinema, theatre and concerts. In this regard, it had noted the Government’s information on the conditions and procedures to be followed for acquiring permission to employ children under 14 years for participation in artistic performances. The Committee had observed the absence of provisions limiting the hours of work and prescribing the conditions of work by children under 14 years for artistic performances. Noting the absence of information in the Government’s report, the Committee once again expresses the firm hope that in the process of adopting the draft Labour Code, the Government will take the necessary measures to limit the number of hours during which and prescribe the conditions in which children under 14 years may be granted permission to work in artistic performances as laid down under Article 8 of the Convention. It requests the Government to provide information on any developments made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes the statistical reports of labour inspections provided by the Government with regard to the employment status of working children. According to this data, the labour inspectors inspected 441 enterprises during August–September 2010, and found 1,132 minors, including 28 children under 14 years of age, 134 children of 14 to 15 years, 144 persons of 15 to 16 years, and 826 persons of 16 to 18 years working in violation of the labour legislation. The Government’s report indicates that children under 14 years of age who were found working (28 children) worked in the agricultural sector. Regarding the types of violations detected, the Committee notes the Government’s information that 98 children were working without any labour contract, 16 children worked in heavy and harmful conditions; 74 children worked overtime; and 27 children worked without any wages. It further notes that the labour inspectors issued 274 instructions to employers to eliminate such violations, and 195 employers were brought to administrative liability. It also notes the Government’s statement that the labour inspectors, in cooperation with the services on minors’ affairs conducted 200 awareness-raising events of children and their parents. Having noted previously the Government’s information that the Centre of Social Expertise of the Institute of Sociology of the National Academy of Sciences conducted a study on the use of child labour in six sectors of the informal economy (agriculture, street trade, work in mines, services sector, commercial sexual exploitation and illegal activities, including begging), and further noting that the Government has not provided any information in this regard, the Committee once again requests the Government to provide statistical information on child labour gathered from the study. It also requests the Government to continue providing information on the number of children found working by the labour inspection services, especially in the informal sector, and on the number and nature of violations detected and penalties applied.

The Committee notes that the draft Labour Code which has been under preparation since 2007 has not yet been adopted. The Committee expresses the firm hope that the Government will take all the necessary measures to bring the draft Labour Code into force, taking into consideration the above comments made by the Committee. In this regard the Committee invites the Government to consider seeking technical assistance from the ILO.

CMNT_TITLE

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted the Government’s information that the provisions of section 188 of the Labour Code, regulating the minimum age for admission to employment, as well as the provisions prohibiting the employment of children in hazardous work, apply to workers of all enterprises, institutions and organizations, irrespective of the forms of ownership, type of activity and sectoral affiliation. It had observed that since 2005 the Goznadzortrud (authority within the Ministry of Social Labour and Social Policy which monitors the compliance of labour legislation) had participated in the implementation of the ILO–IPEC project “Institutional development of labour inspection for participation in the System of Child Labour Monitoring (CLMS) in two pilot regions – Donetsk and Kherson regions”. Under this project, workplaces in both the formal and informal economy have been monitored. Moreover, in 2006, six districts were identified in the Donetsk and Kherson regions where the identification of working children is under way, both in the formal and informal sectors.

The Committee had noted with interest the Government’s information that the CLMS developed in the Donetsk and Kherson regions will be replicated at the country level under the “National Plan of Action to implement the United Nations Convention on the Rights of the Child for 2006–16”, adopted in June 2007. The introduction of the system of permanent monitoring of child labour will make it possible to detect cases of the illegal use of child labour as well as to remove children from the worst forms of child labour. The Committee, however, noted the Government’s statement that, the supervision of the use of child labour in the informal sector of the economy remained an outstanding issue. This concerns, above all, the right of access to workplaces in the informal sector. The lack of criteria of evaluation of the presence of employment relations when using child labour in private garden plots or in the street does not provide the inspectors with the grounds to apply administrative sanctions. The basic problem, therefore, consists in the development of a mechanism to collect evidence testifying to the fact that a child works for an employer in the absence of any written arrangements. The labour inspectors involved in the implementation of the ILO–IPEC programme in the Donetsk and Kherson regions were carrying out their activities to develop such a mechanism with the participation of the representatives of other supervisory bodies. Noting the absence of information in the Government’s report, the Committee once again expresses its hope that, in adopting the CLMS at the national level, the labour inspection component concerning children working in the informal sector will be strengthened. It requests the Government to redouble its efforts to adapt and strengthen the labour inspection services in the informal sector, in order to ensure that the protection established by the Convention is ensured for children working in this sector. It also requests the Government to provide information on any impact of the recent adoption of the CLMS at the national level on improving the capacity of labour inspectors to detect cases of child labour in the informal sector with a view to removing these children from child labour and its worst forms.

Minimum age for admission to employment or work. The Committee had previously noted that under section 188(2) of the Labour Code, children of 15 years of age may exceptionally be authorized to work with the consent of their parents or parent substitutes. The Committee had observed that the above provision of the Code allows young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years. It had requested the Government to take the necessary steps to ensure that no one under the age of 16 may be admitted to employment or work in any occupation. The Committee notes the Government’s information that, since the time of the submission of the previous report, no changes were introduced into the legislation relating to the increase of the minimum age for employment of minors. It notes that, according to the Government, in 2005, the State Employment Service assisted in employing 79 children who had reached the age of 15 years, and in 2006, it assisted 61 children who had reached the age of 15 years. Moreover, between August and December 2005, the labour inspectorate identified 459 children from 15 to 16 years of age who were working. The Committee notes the Government’s information that within the framework of the ILO–IPEC project “Declaration of the basic rights and freedoms at work”, a draft Labour Code of Ukraine was prepared the provisions of which comply with international labour standards. In the framework of the adoption of the new Labour Code, the Committee requests the Government to take the necessary measures to ensure that no one under the age of 16 years may be admitted to employment or work in any occupation, in conformity with Article 2(1) of the Convention. It also requests the Government to provide a copy of the new Labour Code, as soon as it has been adopted.

Article 3, paragraph 3, and Article 6. Authorization to perform hazardous work from the age of 16 and vocational training. The Committee had previously noted the Government’s information that section 3 of Order No. 283/P-9 of 10 September 1980 allows work that includes harmful tasks to be carried out for training purposes by persons over the age of 15 years. Moreover, according to same section 3 of this Order, persons under the age of 18 for the purposes of vocational training may perform hazardous types of work for not more than four hours a day on condition that existing sanitary regulations are strictly observed. The Committee requests the Government to take the necessary legislative measures to ensure that the performance of such work is only authorized for persons between 16 and 18 years of age in conformity with the conditions of Article 3(3) of the Convention.

The Committee notes the Government’s information that Order No. 283/P-9 of 10 September 1980 is not applicable in the territory of Ukraine, including its section 3. Instead, section 2(3) of the Order of the Ministry of Health of Ukraine No. 46 of March 1994 is applicable. Section 2(3) of this Order states that persons under 18 years enrolled in vocational technical institutions are allowed to participate in the production process, occupations and works included in the list of hazardous work contained in Order No. 46 of 1994. They cannot work more than four hours a day under the condition of the strict observance of the existing sanitary and health norms on labour protection. The Committee further notes the Government’s information that vocational training of children in the professions connected with types of hazardous work, is contained in the “Provisions concerning labour and vocational training of minors in the professions connected with hard or dangerous working conditions as well as types of work requiring higher security”, approved by Order No. 244 of the State Labour Protection Inspectorate of 15 December 2003. According to these provisions, the admission of minors to employment in hazardous occupations is allowed only when minors reach the age of 18 years when they finished training in those occupations. The Committee observes the Government’s information on the provisions regulating the instruction and monitoring of minor trainees before and during training. However, it notes the Government’s information that there are no adopted norms stipulating minimum age for the admission of children and young persons to training. The Committee observes that, in connection with national legal provisions on light work dealt with under Article 7 of the Convention, it seems that children between 14 and 16 years are allowed to perform hazardous work during vocational training. It reminds the Government that, according to Article 3(3) of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. In the framework of the adoption of the new Labour Code, the Committee requests the Government to take the necessary measures to ensure that children who follow vocational training programmes or apprenticeships are allowed to perform hazardous work only from the age of 16 years, in conformity with Article 3(3) of the Convention.

Article 7, paragraph 3. Determination of light work. The Committee had previously noted that section 188(3) of the Labour Code provides that, in order to teach young people to work productively, students in general vocational and technical education or specialized secondary education having attained 14 years of age may perform light work during their leisure hours provided the consent of one of their parents or parent substitutes is obtained and on condition that it does not harm their health or interrupt their schooling. The Committee had requested the Government to provide information on the measures taken to determine light work activities, pursuant to Article 7(3) of the Convention. The Committee notes the Government’s information that, according to section 51 of the Labour Code, the length of the working time of pupils who work during the academic year when they have no classes may not exceed 12 hours per week. The Committee further notes the Government’s information that the draft Labour Code provides that the list enumerating the types of light work which may be performed by children shall be approved by a specially authorized authority dealing with labour issues. The Committee hopes that provisions determining light work activities which may be performed by children from the age of 14 years will soon be adopted pursuant to the provisions of the draft Labour Code. It requests the Government to provide information on any developments in this regard, and to provide a copy of the provisions determining the light work activities as soon as they have been adopted.

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s information that an attempt is made in the draft Labour Code to regulate the labour relations of young persons admitted to employment in the cinema, theatre and concerts. Upon agreement of one of the parents or guardians, it will be permitted to employ children under 14 years for participation in artistic performances if this is not harmful to their health, morals and development. In such cases, the child will be admitted to work after receiving the permission of the services of juvenile affairs. A written labour contract will be concluded with the minor and signed by him/her and his/her parents or guardians. The Committee recalls that, under Article 8(2) of the Convention, permission granted in individual cases to children under 14 years for their participation in artistic performances must limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. In the framework of the adoption of the new Labour Code, the Committee hopes that the Government will take account of the above comments.

Part V of the report form. Practical application of the Convention. The Committee had previously expressed its concern at the large number of children under the age of 16 who increasingly worked in practice, especially in the informal sector. It had also noted the Government’s statement that identifying children working in the illegal mines were difficult due to the lack of information about the location of such mines. However, within the framework of the ILO–IPEC programme, since 2006, a set of measures had been envisaged aimed at identifying children working in the illegal mines and engaged in the grading and loading of coal on the open surfaces. It was envisaged to identify such children with the participation of the members of the Trade Union of Free Miners of Ukraine. Moreover, the Committee had also noted the Government’s information that, in the framework of the ILO–IPEC programme, the Centre of Social Expertise of the Institute of Sociology of the National Academy of Sciences had conducted a study on the use of child labour in six sectors of the informal economy (agriculture, street trade, work in mines, services sector, commercial sexual exploitation and illegal activities, including begging) in Ukraine, following the example of the Donetsk and Kherson regions. This study served as a basis for developing vocational training programmes for children at risk of being involved in child labour and its worst forms. However, the lack of updated statistical data at the national level on the use of child labour in the informal sector constituted a problem.

The Committee notes the Government’s information that, as a result of the inspections carried out in August 2008 in 660 enterprises, including 160 agricultural undertakings, violations of child labour legislation were identified with respect to 2,237 minors. Out of this, 66 working children were under the age of 14 years, out of which 64 were engaged in agricultural undertakings. Other violations were with regard to the keeping of records of the young persons by the employer, children working under heavy and harmful working conditions, and long working hours. The Committee also notes the Government’s information that 453 orders and directives were issued by the labour inspectors against the employers for the violations of the provisions of child labour, and 351 notices were issued to the court to bring the employers to administrative responsibility. The Committee once again requests the Government to provide a copy of the study conducted by the Centre of Social Expertise of the Institute of Sociology of the National Academy of Sciences. It also requests the Government to indicate the outcome of the measures taken within the framework of the ILO–IPEC project to identify children working in the illegal mines and engaged in the grading and loading of coal on the open surfaces. It finally requests the Government to continue to provide extracts from the inspection services, especially regarding children working in the informal sector, as well as information on the number and nature of the contraventions reported and penalties applied.

CMNT_TITLE

The Committee takes note of the Government’s reports. It requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. The Committee had previously noted that under section 188(2) of the Labour Code, children of 15 years of age may exceptionally be authorized to work with the consent of their parents or parent substitutes. The Committee had observed that the above provision of the Code allows young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years. It had requested the Government to take the necessary steps to ensure that no one under the age of 16 may be admitted to employment or work in any occupation. The Committee notes the Government’s information that, since the time of the submission of the previous report, no changes were introduced into the legislation relating to the increase of the minimum age for employment of minors. It notes that, according to the Government, in 2005, the State Employment Service assisted in employing 79 children who had reached the age of 15 years, and in 2006, it assisted 61 children who had reached the age of 15 years. Moreover, between August and December 2005, the labour inspectorate identified 459 children from 15 to 16 years of age who were working. The Committee notes the Government’s information that within the framework of the ILO/IPEC project “Declaration of the basic rights and freedoms at work”, a draft Labour Code of Ukraine was prepared the provisions of which comply with international labour standards. In the framework of the adoption of the new Labour Code, the Committee requests the Government to take the necessary measures to ensure that no one under the age of 16 years may be admitted to employment or work in any occupation, in conformity with Article 2, paragraph 1, of the Convention. It also requests the Government to provide a copy of the new Labour Code, as soon as it has been adopted.

Article 3, paragraph 3, and Article 6. Authorization to perform hazardous work from the age of 16 and vocational training. The Committee had previously noted the Government’s information that section 3 of Order No. 283/P-9 of 10 September 1980 allows work that includes harmful tasks to be carried out for training purposes by persons over the age of 15 years. Moreover, according to same section 3 of this Order, persons under the age of 18 for the purposes of vocational training may perform hazardous types of work for not more than four hours a day on condition that existing sanitary regulations are strictly observed. The Committee requests the Government to take the necessary legislative measures to ensure that the performance of such work is only authorized for persons between 16 and 18 years of age in conformity with the provisions of Article 3, paragraph 3, of the Convention.

The Committee notes the Government’s information that Order No. 283/P-9 of 10 September 1980 is not applicable in the territory of Ukraine, including its section 3. Instead, section 2(3) of the Order of the Ministry of Health of Ukraine No. 46 of March 1994 is applicable. Section 2(3) of this Order states that persons under 18 years enrolled in vocational technical institutions are allowed to participate in the production process, occupations and works included in the list of hazardous work contained in Order No. 46 of 1994. They cannot work more than four hours a day under the condition of the strict observance of the existing sanitary and health norms on labour protection. The Committee further notes the Government’s information that vocational training of children in the professions connected with types of hazardous work, is contained in the “Provisions concerning labour and vocational training of minors in the professions connected with hard or dangerous working conditions as well as types of work requiring higher security”, approved by Order No. 244 of the State Labour Protection Inspectorate of 15 December 2003. According to these provisions, the admission of minors to employment in hazardous occupations is allowed only when minors reached the age of 18 years when they finished training in those occupations. The Committee observes the Government’s information on the provisions regulating the instruction and monitoring of minor trainees before and during training. However, it notes the Government’s information that there are no adopted norms stipulating minimum age for the admission of children and young persons to training. The Committee observes that, in connection with national legal provisions on light work dealt with under Article 7 of the Convention, it seems that children between 14 and 16 years are allowed to perform hazardous work during vocational training. It reminds the Government that, according to Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. In the framework of the adoption of the new Labour Code, the Committee requests the Government to take the necessary measures to ensure that children who follow vocational training programmes or apprenticeships are allowed to perform hazardous work only from the age of 16 years, in conformity with Article 3, paragraph 3, of the Convention.

Article 7, paragraph 3. Determination of light work. The Committee had previously noted that section 188(3) of the Labour Code provides that, in order to teach young people to work productively, students in general vocational and technical education or specialized secondary education having attained 14 years of age may perform light work during their leisure hours provided the consent of one of their parents or parent substitutes is obtained and on condition that it does not harm their health or interrupt their schooling. The Committee had requested the Government to provide information on the measures taken to determine light work activities, pursuant to Article 7, paragraph 3, of the Convention. The Committee notes the Government’s information that, according to section 51 of the Labour Code, the length of the working time of pupils who work during the academic year when they have no classes may not exceed 12 hours per week. The Committee further notes the Government’s information that the draft Labour Code provides that the list enumerating the types of light work which may be performed by children shall be approved by a specially authorized authority dealing with labour issues. The Committee hopes that provisions determining light work activities which may be performed by children from the age of 14 years will soon be adopted pursuant to the provisions of the draft Labour Code. It requests the Government to provide information on any developments in this regard, and to provide a copy of the provisions determining the light work activities as soon as they have been adopted.

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s information that an attempt is made in the draft Labour Code to regulate the labour relations of young persons admitted to employment in the cinema, theatre and concerts. Upon agreement of one of the parents or guardians, it will be permitted to employ children under 14 years for participation in artistic performances if this is not harmful to their health, morals and development. In such cases, the child will be admitted to work after receiving the permission of the services of juvenile affairs. A written labour contract will be concluded with the minor and signed by him/her and his/her parents or guardians. The Committee recalls that, under Article 8, paragraph 2, of the Convention, permission granted in individual cases to children under 14 years for their participation in artistic performances must limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. In the framework of the adoption of the new Labour Code, the Committee hopes that the Government will take account of the above comments.

CMNT_TITLE

The Committee takes note of the Government’s reports. It requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that, according to the communication of 23 August 2002 from the Federation of Trade Unions of Ukraine (FTUU), child labour was an increasingly frequent problem and that there were child workers under the age of 15 in Ukraine. It had also noted the FTUU’s more recent allegation that, in practice, the average age of children affected by child labour in Ukraine amounted to 12 years and that child labour was widely used in illegally operated mines. Cheap child labour was also used in construction and agriculture. The Committee had noted the Government’s indication during the Conference Committee on the Application of Standards in June 2004, that a technical cooperation programme with ILO/IPEC had been launched focusing, inter alia, on building the institutional and technical capacity of the Government and the social partners to apply Convention No. 138, as well as the Worst Forms of Child Labour Convention, 1999 (No. 182). It had further noted that section 3(1) of the Labour Code excludes self-employment from its scope of application. Taking into account the information from the FTUU on the number and age of children performing work in illegal mines and in the informal sector, the Committee had urged the Government to provide information on the manner in which the protection established by the Convention was ensured for children working in the informal sector, as well as on the implementation of the technical cooperation programme with ILO/IPEC and on its impact on eliminating child labour in the informal sector.

With regard to the impact of the ILO/IPEC programme on eliminating child labour, the Committee notes with interest that, according to the ILO/IPEC final technical progress report of the National Programme for the Prevention and Elimination of the Worst Forms of Child Labour in Ukraine of 8 December 2006 (page 58), 354 children have been prevented and 1,167 withdrawn from child labour, including its worst forms, through the provision of educational services and training opportunities. Moreover, 1,155 children have been prevented from child labour, including its worst forms, through the provision of other non-education related-services.

Moreover, the Committee notes the Government’s information that the provisions of section 188 of the Labour Code, regulating the minimum age for admission to employment, as well as the provisions prohibiting the employment of children in hazardous work, apply to workers of all enterprises, institutions and organizations, irrespective of the forms of ownership, type of activity, and sectoral affiliation. The Committee observes that since 2005 the Goznadzortrud (authority within the Ministry of Social Labour and Social Policy which monitors the compliance of labour legislation) has participated in the implementation of the ILO/IPEC project “Institutional Development of Labour Inspection for participation in the System of Child Labour Monitoring (CLMS) in two pilot regions – Donetsk and Kherson regions”. Under this project, workplaces in both the formal and informal economy have been monitored. Moreover, in 2006, six districts were identified in Donetsk and Kherson regions where the identification of working children is under way, both in the formal and informal sectors. The Committee notes with interest the Government’s information that the CLMS developed in the Donetsk and Kherson regions will be replicated at the country level under the “National Plan of Action to implement the United Nations Convention on the Rights of the Child for 2006–16”, adopted in June 2007. The introduction of the system of permanent monitoring of child labour will make it possible to detect cases of the illegal use of child labour as well as to remove children from the worst forms of child labour. The Committee, however, notes the Government’s statement that at present, the supervision of the use of child labour in the informal sector of the economy remains an outstanding issue. This concerns, above all, the right of access to workplaces in the informal sector. The lack of criteria of evaluation of the presence of employment relations when using child labour in private garden plots or in the street does not provide the inspectors with the grounds to apply administrative sanctions. The basic problem, therefore, consists in the development of a mechanism to collect evidence testifying to the fact that a child works for an employer in the absence of any written arrangements. The labour inspectors involved in the implementation of the ILO/IPEC programme in Donetsk and Kherson regions are carrying out their activities to develop such a mechanism with the participation of the representatives of other supervisory bodies. The Committee hopes that, in adopting the CLMS at the national level, the labour inspection component concerning children working in the informal sector will be strengthened. It requests the Government to redouble its efforts to adapt and strengthen the labour inspection services in the informal sector, in order to ensure that the protection established by the Convention is ensured for children working in this sector. It also requests the Government to provide information on any impact of the recent adoption of the CLMS at the national level on improving the capacity of labour inspectors to detect cases of child labour in the informal sector with a view to removing these children from child labour and its worst forms.

Part V of the report form. Practical application of the Convention. The Committee previously expressed its concern at the large number of children under the age of 16 who increasingly worked in practice, especially in the informal sector and in illegal mines. It notes the Government’s information that, between August and December 2005, the labour inspectorate identified 290 persons under 15 years of age working. Violations of the legislation on child labour, mainly involving minors in night and overtime work were discovered in 640 enterprises.

Moreover, 37 minors were identified who worked in hard and harmful conditions. As a result of the inspections, 459 cases were taken to court. The Committee further notes the Government’s information that, during inspections carried out in the period 2005–06 by the Goznadzortrud violations of the legislation were identified with respect to 339 minors, mainly concerning overtime or night work. On the basis of the results of inspections, 995 orders were issued in order to eliminate the violations. In addition, 68 employers have been subjected to administrative penalties. The documents relating to 143 inspections were transmitted to the Prosecutor’s Office in order to take to court employers violating labour legislation related to minors. During the course of a survey carried out by labour inspectors in the Donetsk region, children working in the so-called illegal mines were not identified because of the lack of information about the location of these mines. However, within the framework of the ILO/IPEC programme, since 2006, a set of measures have been envisaged aimed at identifying children working in the illegal mines and engaged in the grading and loading of coal on the open surfaces. It is envisaged to identify such children with the participation of the members of the Trade Union of Free Miners of Ukraine. The Committee notes the Government’s information that, in the framework of the ILO/IPEC programme, the Centre of Social Expertise of the Institute of Sociology of the National Academy of Sciences conducted a study on the use of child labour in six sectors of the informal economy (agriculture, street trade, work in mines, services sector, commercial sexual exploitation and illegal activities, including begging) in Ukraine, following the example of the Donetsk and Kherson regions. This study served as a basis for developing vocational training programmes for children at risk of being involved in child labour and its worst forms. However, the lack of updated statistical data at the national level on the use of child labour in the informal sector constitutes a problem. The Committee requests the Government to provide a copy of the study conducted by the Centre of Social Expertise of the Institute of Sociology of the National Academy of Sciences. It also requests the Government to take the necessary measures to improve the system of collecting statistical data on children working in the informal sector and in illegal mines, and to provide information on any progress in this regard. It finally requests the Government to continue to provide extracts from the inspection services, especially regarding children working in the informal sector, as well as information on the number and nature of the contraventions reported and penalties applied.

The Committee is also addressing a direct request to the Government concerning other points.

CMNT_TITLE

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. The Committee had previously noted that under section 197(1) of the Labour Code, a first job for at least two years must be ensured for young citizens "of sound constitution" who are aged from 15 to 28 years and have completed their schooling or vocational training. It had also noted that under section 188(2) of the Labour Code, children of 15 years of age may exceptionally be authorized to work with the consent of their parents or parent substitutes. The Committee had observed that the above provisions of the Code allow young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years. It once again reminds the Government that under Article 2, paragraph 1, of the Convention, no one under the minimum age for admission to employment or work specified upon ratification of the Convention shall be admitted to employment or work in any occupation, and that the only possible exception is light work, which, under Article 7 of the Convention, may be authorized for children of 13 years of age and above. The Committee once again requests the Government to take the necessary steps to ensure that no one under the age of 16 may be admitted to employment or work in any occupation. It also asks the Government to provide information on the practical effect given to sections 197(1) and 188(2) of the Labour Code.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that, according to the Constitution and the Law on Education, everyone has the right to education and complete general secondary education is compulsory and free. The Committee had asked the Government to specify the age of completion of compulsory schooling and to provide a copy of the relevant national legislation. The Committee notes that, according to section 36 of the Law on Education, complete general secondary education consists of three stages and starts at the age of 6 or 7 years. It also notes the Government’s information that, pursuant to the Law on General Secondary Education, complete general secondary education lasts for 12 years. The Government further states that general secondary education starts as a rule at the age of 6 and is completed by the age of 18 (the age of completion of the first stage of general secondary education is 10 years, second stage 15 years, and third stage 18 years). The Committee requests the Government to supply a copy of the Law on General Secondary Education.

Article 3, paragraph 3, and Article 6. Authorization to perform hazardous work from the age of 16 and vocational training. The Committee had previously noted that, under Article 3, paragraph 3, of the Convention, young persons from the age of 16 years may be authorized to carry out types of hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. It had requested the Government to indicate whether Order No. 283/P-9 of 10 September 1980 was still in force and, if so, to provide information on the effect given to its section 3, which allows work that includes harmful tasks to be carried out for training purposes by persons over the age of 15 years. The Committee notes the Government’s information that Order No. 283/P-9 of 10 September 1980 is in force. The Government also states that, pursuant to section 3 of this Order, persons under the age of 18 for the purposes of vocational training may perform hazardous types of work for not more than four hours a day and on condition that the existing sanitary regulations are strictly observed. The Committee further notes the Government’s indication that, in practice, there have been no cases of participation of persons under the age of 18 in hazardous types of work for training purposes. The Committee requests the Government to take the necessary legislative measures to ensure that the performance of such work is only authorized for persons between 16 and 18 years of age in conformity with the provisions of Article 3, paragraph 3, of the Convention. The Committee asks the Government to keep it informed on the progress made in this regard.

Article 7, paragraphs 1 and 3. Light work. The Committee had previously asked the Government to indicate whether the national legislation contains provisions establishing the minimum age for admission to light work. It had also requested the Government to indicate the activities in which light work may be authorized and to provide information on the requirements prescribed for such activities, particularly the number of hours during which and the conditions in which they may be undertaken. The Committee notes that section 188(3) of the Labour Code provides that, in order to teach young people to work productively, students in general vocational and technical education or specialized secondary education having attained 14 years of age may perform light work during their leisure hours provided the consent of one of their parents or parent substitutes is obtained and on condition that it does not harm their health or interrupt their schooling. Recalling that, pursuant to Article 7, paragraph 3, of the Convention, the competent authority shall determine light work activities and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken, the Committee requests the Government to provide information in this regard.

Article 8. Artistic performances. The Committee had previously noted that the national legislation does not provide for young persons to be employed in artistic performances. It had requested the Government to indicate whether, in practice, young persons participate in activities such as artistic performances and, if so, to provide information on the types of activities in which they participate, particularly the number of hours during which and the conditions in which they may be undertaken. The Committee notes the Government’s information that in practice there have been no cases of employment of young persons for such purposes as participation in artistic performances. The Committee takes note of this information.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the national department for the supervision of the implementation of labour legislation carried out inspections of 883 enterprises in November 2004 to monitor the observance of the provisions of the labour legislation concerning the employment of minors. These inspections found 2,312 minors working, of whom 220 minors were under the age of 15 years, 333 were aged 15-16 and 1,759 were aged 16-18. The inspections found out a number of violations of the labour legislation. In particular, some enterprises did not keep special registers of employment of persons under the age of 18. The inspections identified 413 cases of employment of minors in hazardous types of work, which represented 17.9 per cent of all minors employed. Some 186 cases of night and overtime work of persons under the age of 18 were identified; 400 enterprises violated the provisions of the labour legislation concerning the employment of minors; and 536 prescriptive orders to stop labour law violations were issued. Administrative sanctions were imposed on heads of 32 enterprises and practical assistance was offered to the specialists of these enterprises on the questions concerning the application of labour legislation. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied including statistical data on the employment of children and young persons, extracts from the reports of the inspection services and details of the number and nature of the contraventions recorded.

CMNT_TITLE

The Committee takes note of the Government’s report and of the communication of the Confederation of the Free Trade Unions of Ukraine (KSPU) for the period from 31 May 2004 to 31 May 2005, received with the Government’s report. The Committee also takes note of the detailed discussion which took place at the Conference Committee on the Application of Standards of the 92nd Session of the International Labour Conference in June 2004. It requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that, according to the communication of 23 August 2002 from the Federation of Trade Unions of Ukraine (FTUU), child labour was an increasingly frequent problem and that there were child workers under the age of 15 in Ukraine. The FTUU also stated that in most cases, the children worked in the informal sector, where labour relations were non-existent and the Government had virtually no control over working conditions. As a result, the children had no right to legal and social protection. The Committee also notes that, the KSPU in its recent communication indicates that, in practice, the average age of children affected by child labour in Ukraine amounts to 12 years and that child labour is widely used in illegally operated mines. Cheap child labour is also used in construction and agriculture.

The Committee notes that the Conference Committee had noted the indication by the Government representative that a technical cooperation programme with ILO/IPEC had recently been launched. This programme would focus, inter alia, on building the institutional and technical capacity of the Government and the social partners to apply Convention No. 138, as well as the Worst Forms of Child Labour Convention, 1999 (No. 182). The Conference Committee had expressed the hope that this technical cooperation programme would address the situation of children below the age of 16 working in the informal sector, including by enhancing the capacity of the labour inspectorate in the informal economy. The Conference Committee had requested the Government to provide, in its next report to the Committee of Experts, information on the implementation of this technical cooperation programme as well as on the results achieved in eliminating child labour in the informal sector. 

The Committee notes that the Labour Code, pursuant to its section 3(1), excludes self-employment from its scope of application. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. Taking into account the information from the FTUU and the KSPU on the number and age of children performing work in illegal mines and in enterprises where formal labour relations are non-existent, the Committee is very concerned about the absence of information from the Government on this point. It therefore urges the Government to provide information on the manner in which the protection established by the Convention is ensured for children engaged in an economic activity in the informal sector. The Committee also requests the Government to provide information on the implementation of the technical cooperation programme with ILO/IPEC and on its impact on eliminating child labour in the informal sector.

Part V of the report form. Practical application of the Convention. The Committee had previously noted the statistical information supplied by the Government in its reports for 2002 and 2003. It had noted in particular that, according to a survey of 9.2 million children aged from 5 to 17 years, 35,000 were economically active, 52 per cent of them aged 15-17 and 24 per cent aged 13-14. The Committee notes that, according to the communication of the KSPU, about half a million children have been involved in child labour. The KSPU also states that illegal mines use the labour of children, even under 10 years of age. Thus, due to inadequate control on the part of the former Government of Ukraine, about 5,000 illegally operated mines have been established in Ukraine, some of which are still in operation. The Conference Committee had expressed its concern over the situation of many young persons who increasingly worked in practice, in particular, in the informal sector. It had requested the Government to provide information, containing statistics on the number and the age of children working in the informal sector. The Committee, like the Conference Committee, is deeply concerned at the large number of children under the age of 16 who increasingly work in practice, especially in the informal sector. The Committee strongly encourages the Government to renew its efforts to progressively improve this situation and asks the Government to provide detailed information on measures taken in this regard. The Committee also requests the Government to supply statistical data on the number of children working in the informal sector and extracts from the reports of inspection services. It finally asks the Government to provide information on the number and nature of the contraventions reported and the penalties imposed.

The Committee is also addressing a direct request to the Government concerning other detailed points.

CMNT_TITLE

The Committee takes note of the Government’s reports. It notes the adoption of Act No. 2402-III of 26 April 2001 on the protection of the child, and Act No. 2558-III of 21 June 2001 concerning social work for children and young people.

Article 2 of the Convention. 1. Scope of the Convention. In its previous comments, the Committee noted that section 3(1) of the Labour Code excludes self-employment from the scope of the Code. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. It asks the Government to provide information on the manner in which the protection established by the Convention is ensured for children engaged in an economic activity on their own account.

2. Minimum age for admission to employment or work. With reference to its previous comments, the Committee notes that under section 197(1) of the Labour Code, a first job for at least 2 years must be ensured for young citizens "of sound constitution" who are aged from 15 to 28 years and have completed their schooling or vocational training. It also notes that under section 188(2) of the Labour Code, children of 15 years of age may, exceptionally, be authorized to work with the consent of their parents or parent substitutes. The Committee observes that the above provisions of the Code allow young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years. It reminds the Government that according to Article 2, paragraph 1, of the Convention no one of an age lower than the minimum age for admission to employment or work specified upon ratification of the Convention shall be admitted to employment or work in any occupation. The Committee requests the Government to take the necessary steps to ensure that no one under the age of 16 may be admitted to employment or work in any occupation. It also asks the Government to provide information on the practical effect given to section 197(1) of the Labour Code and to indicate the number of permits granted pursuant to section 188(2) of the Labour Code.

3. Age of completion of compulsory schooling. The Committee notes from the information supplied by the Government in its second periodic report submitted to the Committee on the rights of the child in 1999 (CRC/C/70/Add. 11, paras. 52 to 99), the law on education and the 1996 Constitution of Ukraine provide that full general secondary education is compulsory through 11 grades, i.e. up to the age of 17 years. The Committee notes, however, that at the 822nd meeting of the Committee on the Rights of the Child held in September 2002, the Government representative stated that education is free and compulsory for all children of 6 to 12 years of age (CRC/C/SR.822, paragraph 51). The Committee therefore asks the Government to specify the age of completion of compulsory schooling in force in Ukraine and to provide a copy of the relevant national legislation.

Article 3, paragraphs 1 and 3, and Article 6. Further to its previous comments, the Committee recalls that Article 3, paragraph 1, of the Convention prohibits the admission of young persons under 18 years of age to any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals. It further recalls that Article 3, paragraph 3, of the Convention allows the employment or work of young persons 16 to 18 years of age on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. Furthermore, Article 6 of the Convention provides that work done by children in schools and other training institutions is excluded from the scope of the Convention only if the conditions in which it is carried out meet the requirements set by the competent authority after consultation with the organizations of employers’ and workers’. In the absence of any reply from the Government, the Committee again requests it to indicate whether Order No. 283/P-9 of 10 September 1980 is still in force and, if so, to provide information on the effect given to its section 3, which allows work that includes harmful tasks to be carried out for training purposes by persons over the age of 15 years.

Article 7, paragraphs 1 and 3. With reference to its previous comments, the Committee notes that section 188(3) of the Labour Code provides that, in order to teach young people to work productively, students in general, vocational and technical education or specialized secondary education may perform light work for remuneration during their leisure hours provided the consent of one of their parents or parent substitutes is obtained and on condition that it does not harm their health or interrupt their schooling. In its subsequent reports, the Government stated that authorization to perform such activities may be granted to young persons of over 14 years of age. The Committee reminds the Government to under Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of persons 13 to 15 years of age in light work, provided that it is not likely to be harmful to their health or development and is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It further recalls that under Article 7, paragraph 3 of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee asks the Government to indicate whether the national legislation contains provisions establishing this minimum age for admission to light work and, if so, to provide copies thereof. It further requests the Government to indicate the activities in which employment on light work may be authorized under section 188(3) of the Labour Code and to provide information on the requirements prescribed for such activities, particularly the number of hours during which and the conditions in which they may be undertaken.

Article 8. With regard to the participation of young people in artistic performances, the Committee notes the information contained in the Government’s additional report of 2001 to the effect that the legislation in force does not provide for young persons under the age of 14 years to be employed in artistic performances. The Committee requests the Government to indicate whether, in practice, young persons participate in activities such as artistic performances and, if so, to provide information on the types of activities in which they participate, particularly the number of hours during which and the conditions in which they may be undertaken.

Part V of the report form. The Committee notes the statistical information supplied by the Government in its reports for 2002 and 2003. It notes in particular that, according to a survey of 9.2 million children aged from 5 to 17 years, 35,000 (3.8 per cent) were economically active. In the 15-17 age group the activity rate was high, amounting to 52 per cent, while in the 13-14 age group, the activity rate was 24 per cent. The Government further indicates that in 94 per cent of cases the nature of the work was physical, easy and required no training. Furthermore, 74 per cent worked on a temporary or constant basis, 21 per cent during school holidays and 5 per cent worked only once. The main activities carried out by children include work during the sowing season in grain fields or silos, crop weeding and the collection of harvested fruits and vegetables; the herding of animals at pasture; the execution of auxiliary tasks in construction. The statistical data in the Government’s report show that most of the children worked in the agricultural sector (46 per cent), commerce (26 per cent), service provision (19 per cent) and, to a lesser extent in industry (5 per cent) and construction (4 per cent). The Committee requests the Government to continue providing information on the manner in which the Convention is applied including, for example, statistical data on the employment of children and young persons particularly in the agricultural sector, extracts from the reports of the inspection services and details of the number and nature of the contraventions recorded.

The Committee requests the Government to provide a copy of the Act on the authorities and departments competent for matters relating to minors and special institutions for minors.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

CMNT_TITLE

The Committee takes note of the communication of 23 August 2002 from the Trade Union Federation of Ukraine containing comments on the application of the Convention. A copy of the communication was sent to the Government on 26 September 2002 so that it could make any observations it deemed appropriate on the issues raised.

The Trade Union Federation of Ukraine alleges in its communication that child labour is an increasingly frequent problem and that there are child workers under the age of 15 in Ukraine. In most cases the children work above all in the informal sector, where labour relations are non-existent and the Government has virtually no control over working conditions. As a result, the children have no right to legal and social protection. Child labour is used in excessive and hard conditions which are harmful to the development of the child. The abovementioned Federation further alleges that not only young people of 15 but also children of 10 years of age are affected by child labour.

The Committee points out that on ratifying the Convention, Ukraine specified a minimum age of 16 years for admission to employment or work. It reminds the Government that under Article 2, paragraph 1, of the Convention, no one under the minimum age for admission to employment or work specified upon ratification of the Convention shall be admitted to employment or work in any occupation, and that the only possible exception is light work, which under Article 7 of the Convention, may be authorized for children of 13 years of age and above. The Committee also reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work whether or not there is a contractual employment relationship and whether or not the work is remunerated. It accordingly requests the Government to supply information on the legislative measures taken to ensure that children working in the informal sector enjoy the protection provided by the Convention. It also asks the Government to continue to provide information on measures taken to eliminate child labour in practice.

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government as well as the Act on the Protection of Labour (14 October 1992) and the Labour Code (11 April 1994). It requests the Government to supply further information on the following points.

Article 1 of the Convention.  The Committee notes from the Government’s report the adoption of the Act on Authorities and Services for the Affairs of Minors and Special Institutions for Minors, which provides for the establishment of authorities and services responsible for minors whose basic tasks include the monitoring of the application of labour legislation. However, the government report also mentions the labour inspectorate responsible for the implementation of labour regulations. Therefore, the Committee asks the Government to supply more information on the authorities and services responsible for minors, including a copy of the said Act, and also to clarify the relation between such services and the labour inspectorate in the monitoring of legislation on minimum age for work.

Article 2, paragraph 1.  The Committee notes that section 3(1) of the Labour Code excludes self-employment from its scope of application. It recalls that the Convention applies to any work regardless of the existence of an employment relationship, including self-employment. It requests the Government to supply further information on measures taken to prohibit such types of work by children under the age of 16 years, for instance, by enforcing the obligation to receive education.

The Committee notes that section 197(1) of the Labour Code as amended in 1995 stipulates that able-bodied young citizens from 15 to 28 years of age, after finishing or suspending their training or education, or after discharge from compulsory military service, should be granted a first job for the period of not less than two years. It requests the Government to supply information on the manner in which this provision is applied in practice, with particular reference to young persons of 15 years of age, which is below the minimum age of 16 years set forth under section 188(1) of the Code, and also specified at the time of ratification of the Convention.

Article 3, paragraphs 1 and 3, and Article 6.  The Committee recalls that Article 3 of the Convention prohibits hazardous work up to the age of 18 and only allows such work done by a person of at least 16 years but less than 18 years if the health, safety and morals of the young person are fully protected and the young person has received adequate instruction or training. It also recalls that, under Article 6, work done by children in schools or in other training institutions is excluded from its scope only where such work is carried out in accordance with conditions prescribed by the competent authority after tripartite consultation. The Committee requests the Government to supply a copy of the regulation made under section 15(1) of the Act on the Protection of Labour of 1992, which stipulates that the procedure for work and vocational training programmes for minors for occupations involving hazardous work is to be determined by the regulation. It also asks the Government to state whether Order No. 283/P-9 of 10 September 1980 is still in force and, if so, to provide information on the actual application of its section 3 which authorizes the work including harmful work for training purposes done by a person over the age of 15 years.

Article 7, paragraph 3.  The Committee requests the Government to specify the types of activities permitted as light work under section 188(3) of the Labour Code.

Article 8.  The Committee requests the Government to provide information on participation of young persons in artistic performances including for instance filming of advertisements and, in particular, on the conditions under which such activities are permitted for children under the general minimum age.

Point V of the report form.  The Committee requests the Government to supply information on the application in practice of the Convention, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported.

CMNT_TITLE

The Committee notes the information provided by the Government as well as the Act on the Protection of Labour (14 October 1992) and the Labour Code (11 April 1994). It requests the Government to supply further information on the following points.

Article 1 of the Convention. The Committee notes from the Government's report the adoption of the Act on Authorities and Services for the Affairs of Minors and Special Institutions for Minors, which provides for the establishment of authorities and services responsible for minors whose basic tasks include the monitoring of the application of labour legislation. However, the government report also mentions the labour inspectorate responsible for the implementation of labour regulations. Therefore, the Committee asks the Government to supply more information on the authorities and services responsible for minors, including a copy of the said Act, and also to clarify the relation between such services and the labour inspectorate in the monitoring of legislation on minimum age for work.

Article 2, paragraph 1. The Committee notes that section 3(1) of the Labour Code excludes self-employment from its scope of application. It recalls that the Convention applies to any work regardless of the existence of an employment relationship, including self-employment. It requests the Government to supply further information on measures taken to prohibit such types of work by children under the age of 16 years, for instance, by enforcing the obligation to receive education.

The Committee notes that section 197(1) of the Labour Code as amended in 1995 stipulates that able-bodied young citizens from 15 to 28 years of age, after finishing or suspending their training or education, or after discharge from compulsory military service, should be granted a first job for the period of not less than two years. It requests the Government to supply information on the manner in which this provision is applied in practice, with particular reference to young persons of 15 years of age, which is below the minimum age of 16 years set forth under section 188(1) of the Code, and also specified at the time of ratification of the Convention.

Article 3, paragraphs 1 and 3, and Article 6. The Committee recalls that Article 3 of the Convention prohibits hazardous work up to the age of 18 and only allows such work done by a person of at least 16 years but less than 18 years if the health, safety and morals of the young person are fully protected and the young person has received adequate instruction or training. It also recalls that, under Article 6, work done by children in schools or in other training institutions is excluded from its scope only where such work is carried out in accordance with conditions prescribed by the competent authority after tripartite consultation. The Committee requests the Government to supply a copy of the regulation made under section 15(1) of the Act on the Protection of Labour of 1992, which stipulates that the procedure for work and vocational training programmes for minors for occupations involving hazardous work is to be determined by the regulation. It also asks the Government to state whether Order No. 283/P-9 of 10 September 1980 is still in force and, if so, to provide information on the actual application of its section 3 which authorizes the work including harmful work for training purposes done by a person over the age of 15 years.

Article 7, paragraph 3. The Committee requests the Government to specify the types of activities permitted as light work under section 188(3) of the Labour Code.

Article 8. The Committee requests the Government to provide information on participation of young persons in artistic performances including for instance filming of advertisements and, in particular, on the conditions under which such activities are permitted for children under the general minimum age.

Point V of the report form. The Committee requests the Government to supply information on the application in practice of the Convention, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported.