Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Minimum Age Convention, 1973 (No. 138) - Tajikistan (Ratification: 1993)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

With reference to its observation, the Committee requests the Government to supply further information on the following points.

  Article 2, paragraph 1, of the Convention. The Committee recalls that the Convention applies to any work regardless of the existence of employment relationship, including self-employment. It asks the Government to state whether the Labour Code applies to such work done outside employment contracts, and, if not, 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.

  Article 2, paragraph 3, and Article 6. Please provide a copy of the Act on Education of 27 December 1991.

  Article 3, paragraph 2. The Committee requests the Government to indicate measures taken to specify the types of activities prohibited for young persons under the age of 18 as harmful work under section 177(3) of the Labour Code, and to send a copy of any relevant regulations.

  Articles 7 and 8. The Committee noted that section 174 of the Labour Code allows the employment of the persons studying at the general school, technical school, or special school for the purpose of preparing for industrial work, if they have reached at least 14 years, and provided that the work is light and done during free time, and does not affect their health and school attendance. It asks the Government to supply information on the practical application of this exception, including the list of work considered as light work and working conditions.

  Part III of the report form. The Committee noted the indication of the Government that the commissions on the issues of the minors under the executive authorities are responsible for the observance of the provisions of this Convention. It requests the Government to supply further information on these commissions, for example, the composition, the mandates, their relationship with the labour inspectorate.

  Part 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.